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End User License Agreement


Please read this End User License Agreement carefully before using or handling the Cursor Node product. By installing, using, or handling this product, you agree to be bound by the terms of this agreement.

1. This agreement is subject to change without prior notice. This flexibility is retained to expedite development of the product and these terms. This agreement can be considered to be largely complete and finalized.

2. The Cursor Node product and all associated digital and intellectual properties are licensed, and not sold or gifted. Freshnet Ltd (UK) shall retain ownership and all rights to the product and associated properties.

3. For purpose of trials and evaluations, you are granted a Trial License, free of charge, to install and use the product running in trial mode.

4a. Upon purchasing an Activation License, you are granted the right to install and use the product in a designated Executing Environment to be determined by an activation process. The Executing Environment designation may be reassigned to a new Executing Environment upon request. However, the frequency of reassignment must be reasonable and not exceed once every 9 months. We may allow variation to the 9-month interval at our discretion.

4b. Definition: the Executing Environment is a unique combination of Operating System and hardware with their respective distinctive characteristics. Reinstallation of the Operating System or replacement of certain hardware will constitute a new Executing Environment. The graphics hardware is not assessed as part of the Executing Environment and can be changed without affecting the designation status of the Executing Environment.

4c. On reassignment of the Executing Environment designation, the licensed product installation existing in the previous designated Executing Environment must be de-installed if the previous and the new Executing Environments are separate disk partition entities.

5a. Upon purchasing or legally obtaining a Subscription License, you are granted the right to install and use the product on any number of computers. However, the subscription may be consumed by only one executing product installation at a time.

5b. When a subscription license is supplied to you for free or is part of a special promotional offer, unless specifically stated otherwise, we reserve the right to terminate the license or change the license term length without notice if the licence is not used for initiating a subscription within 7 calendar days of us dispatching the license.

5c. When specifying or calculating subscription durations: 1 week is treated as 7 consecutive days; 1 month is treated as 31 consecutive days; 1 year is treated as 372 consecutive days.

6a. You agree to exercise due diligence in evaluating the product for suitability of your intended purpose before license purchase, by trial running the product, by reading the information available on the product website and forums, by obtaining a free Evaluator's License (subject to availability), and by contacting support for any information you need.

6b. A license purchase is final and refund is not available, unless specific exception is made and stated.

7. The license granted to you is not transferrable to any third party.

8. You may assign usage privileges, but not the ownership, of your license to any third party of your choice so long as you assume complete responsibility for all actions of the third party. That means if the third party violates the terms of this agreement, it will be treated same as if you have violated the terms of this agreement.

9. When using the product and associated services, you agree to follow any operating instructions and/or expert advice we provide through the product itself, through the product websites, and/or through support communications.

10. When interacting with our human agents, you agree to be courteous and reasonable. At times of heightened emotions, after warning, we reserve the right to instil a calming measure where our services to you are suspended for up to 7 days to facilitate returning of tranquillity to minds of all parties involved. For a fixed term license agreement, the agreement will be extended by the same amount of time as the suspension.

11. You may not use the product for any unlawful purposes, including copyright violation.

12. You may not use exploit of any kind whatsoever to gain unauthorized use of the product.

13. You may not decompile, dissemble, or modify the product's program code.

14. You may not reverse engineer the product.

15. You may not distribute the product.

16. You may not engage in any destructive or abusive acts against the infrastructure that serves the product.

17. During use, the product contains flashing and hypnotic graphics. You must not use the product if you have health conditions affected by these.

18. You agree to allow us to collect, process, and archive purchase and technical data so that we are able to render services to you that are directly related to the functioning of the product.

19. You agree to allow us to contact you via email for purposes of product support, notification of changes to this agreement, and notification of any changes to the services rendered to you.

20. We reserve the right to change or withdraw product features to keep the product in good legal standing and to prevent abuse.

21. For continued use of the product, you are required to update the installed version from time to time. Failure to do so may result in non-functioning of the product. If you prefer longer update intervals, we recommend a yearly update in mid-September.

22. The product is provided "AS IS" with no express or implied warranty, including the implied warranty of merchantability or fitness for a particular purpose. Use of the product is entirely at your own risk. Freshnet Ltd (UK) shall bear no responsibility for any loss, damage, or injury you suffer as a consequence of using the product.

23. This agreement and the license granted to you are terminated upon your violation of any terms of this agreement.

24. On termination of this agreement, you must discontinue using the product by de-installing it, and deleting all copies in your possession.

25. Your statutory rights are not affected by this agreement.


 
 
 
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