HardSoftCode Modules And Software End-User License Agreement (EULA)
IMPORTANT — READ CAREFULLY: By installing, copying, downloading, accessing, or otherwise using the Product, you acknowledge that you have read this End-User License Agreement (the "EULA"), understand it, and agree to be bound by its terms and conditions, including the WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, and TERMINATION PROVISIONS.
If you do not agree to or do not wish to be bound by the terms of this EULA, do not install, access, or use the Product.
1. Definitions & Scope
- "Product" means the HardSoftCode modules and software, including all associated documentation, updates, upgrades, revisions, source code, object code, and any accompanying media, printed materials, and electronic files.
- "Licensor" means HardSoftCode.
- "Licensee" or "You" means the individual, company, or legal entity entering into this EULA.
- The Product is licensed, not sold. Licensor retains all ownership, title, and intellectual property rights in and to the Product not expressly granted to you herein.
2. Grant of License
Subject to your compliance with the terms and conditions of this EULA, HardSoftCode grants you a limited, non-exclusive, non-transferable, revocable license to use the Product subject to the following restrictions:
- Scope of Use: You are authorized to use a single (1) copy of the Product. You may not modify, bypass, disable, or tamper with any licensing, telemetry, or control features embedded within the Product.
- Single Domain Restriction: This Product is strictly licensed to operate on one (1) specific domain name registered at the time of activation or deployment.
- Single Entity Limitation: Only one (1) company or legal entity may use the Product for its intended operational purpose on the authorized domain. The Product may not be utilized to operate an on-line mall, multi-vendor marketplace, shared buyer service, or hosted SaaS resale platform aggregating the products or services of third-party companies. If additional companies or entities intend to utilize the Product, separate licenses must be purchased for each.
3. License Restrictions
- No Reverse Engineering: You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Product Application, except and solely to the extent that such activity is expressly permitted by applicable mandatory law overriding this limitation.
- No Source Code Sharing: You are the exclusive licensee of the Product. Sharing, publishing, or disclosing any portion of the Product’s source code with any individual, third party, or entity constitutes a material breach of this EULA, a violation of international copyright laws and treaties, and immediate grounds for license termination.
- Modification Restrictions: Modifying any portion of the Product's source code—or engaging, hiring, or requesting any third-party individual or entity other than HardSoftCode to modify the source code—is strictly prohibited, violates copyright laws, and serves as immediate grounds for license termination.
- Upgrades: If you upgrade the Product to a newer or higher version, this EULA is automatically superseded and terminated upon the effective date of the new version, and your continued usage rights shall be governed solely by the EULA associated with the upgraded version.
4. Proprietary Rights
All title, ownership rights, and intellectual property rights in and to the Product (including, without limitation, any images, photographs, animations, video, audio, music, text, and applets incorporated into the Product), the accompanying documentation, and any authorized copies are owned exclusively by HardSoftCode. The Product is protected by United States copyright laws and international treaty provisions. You must treat the Product as you would any other copyrighted material, subject to the permissions granted herein.
5. Termination
Without prejudice to any other legal or equitable remedies, HardSoftCode may terminate this EULA immediately and without prior notice if you fail to comply with any term, condition, or restriction contained herein. Upon termination, you must immediately cease all use of the Product, destroy all copies of the Product and its component parts in your possession or control, and HardSoftCode reserves the right to remotely suspend or deactivate your access to and use of the Product.
6. Export Control
You agree not to export, re-export, transfer, or divert the Product or any copy, adaptation, or direct product thereof in violation of any applicable export control laws, economic sanctions, or regulations of the United States or any other relevant jurisdiction.
7. Disclaimer of Warranties
- HardSoftCode does not warrant that the operation of the Product will be uninterrupted, secure, or error-free. The Product may incorporate or have been subject to incidental or pre-release usage.
- HardSoftCode shall bear no liability or responsibility for performance issues, errors, or failures resulting from:
- Improper or inadequate maintenance, operation, or configuration by the user;
- Product or interface routines, plugins, or functions NOT developed or authorized by HardSoftCode;
- Unauthorized specifications, modifications, or environmental settings;
- Improper site preparation or infrastructure maintenance;
- Beta, trial, or preview software releases; or
- Third-party encryption mechanisms or security routines.
- AS-IS BASIS: Standard data processing practices dictate that any software or script be thoroughly tested with non-critical, backup data before deployment in a production environment. You assume the entire risk of selecting, installing, and using the Product.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HardSoftCode OR ITS SUPPLIERS, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF PRIVACY, OR PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF HardSoftCode HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY THIRD-PARTY CLAIM.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you, in which case HardSoftCode's total cumulative liability shall be strictly limited to the amount actually paid by you to HardSoftCode for the Product license.
9. User Submissions & Feedback
Should you transmit, upload, or otherwise provide to HardSoftCode (by any medium or means) any feedback, ideas, concepts, know-how, data, questions, comments, or suggestions regarding new or improved services and products ("Submissions"), you agree that such Submissions are deemed non-confidential and non-proprietary. By submitting them, you automatically grant HardSoftCode and its successors/assigns a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license (with full right to sublicense) to use, reproduce, modify, transmit, distribute, publicly display, perform, and create derivative works from such Submissions for any purpose whatsoever, commercial or otherwise.
10. Distribution and Backups
- Distribution Prohibited: Any unauthorized distribution, sharing, sublicensing, renting, leasing, or reselling of the registered version of the Product is STRICTLY PROHIBITED. Doing so constitutes a severe violation of United States copyright laws and international treaties, punishable by substantial civil and criminal penalties.
- Backups: You are permitted to make a single (1) archival copy of the registered version of the Product strictly for disaster recovery and backup purposes. Any backup copy must remain an exact, unmodified duplicate of the original Product file, retaining all proprietary copyright and trademark notices.