The following End-User License Agreement is provided for your convenience only. The single source of truth is always the EULA bundled with the Software. Please refer to the EULA included with your Software download for the authoritative version.
END-USER LICENSE AGREEMENT
—————————————————————————
This End-User License Agreement (“EULA”) is a legal agreement between you (the “Customer”, the “End User”, or the
“Licensee”), either as an individual or, if purchased or otherwise acquired by or for an entity, as an entity, and
SNICCO OÜ (“SNICCO”, “we”, “us”, “our”, or the “Licensor”).
Read the EULA carefully before completing the installation process
and/or using our CommandUI and its related software components (the “Software”).
SNICCO PROVIDES THE SOFTWARE SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS EULA AND ON THE CONDITION THAT YOU
ACCEPT AND COMPLY WITH THEM. BY USING THE SOFTWARE, YOU (A) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY
ITS TERMS AND CONDITIONS; AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING EULA;
AND (II) IF THE LICENSEE IS A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT,
POWER, AND AUTHORITY TO ENTER INTO THIS EULA ON BEHALF OF THE LICENSEE AND BIND THE LICENSEE TO ITS TERMS AND
CONDITIONS. IF THE LICENSEE DOES NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, SNICCO WILL NOT AND DOES NOT
LICENSE THE SOFTWARE TO THE LICENSEE AND THE LICENSEE MUST NOT DOWNLOAD OR INSTALL THE SOFTWARE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS EULA OR THE LICENSEE’S ACCEPTANCE OF THE TERMS AND CONDITIONS OF
THIS EULA, NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION OR OTHERWISE) UNDER THIS EULA, AND THIS EULA
EXPRESSLY EXCLUDES ANY RIGHT CONCERNING ANY SOFTWARE THAT THE LICENSEE DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A
LEGITIMATE, AUTHORIZED COPY OF THE SOFTWARE.
—————————————————————————
To install and use an authorized copy of the Software, you will need a
license key issued by SNICCO. If your license key is published with or without your fault,
SNICCO reserves the right to terminate your access to the Software without notice.
—————————————————————————
1. License Grant
1.1 General Use. This Agreement grants you a non-exclusive, non-transferable, limited license to the use rights for the
Software, without the right to grant sublicenses, subject to the terms and conditions in this Agreement. The Software is
licensed, not sold.
1.2 Site Owner License. If you purchased a Site Owner License, you may reproduce and use the Software and the features
specifically applicable to the Site Owner License during the Term on one or more physical or virtual machines. The
Software may only be used in association with Websites (each identified by a single domain or subdomain) that are owned
or managed by you. These Websites may be hosted on third-party servers, provided that you retain ownership and
operational management of the Websites; the aggregate number of such Websites on which the Software is used must not
exceed the maximum number authorized at the time of purchase and as specified in your invoice.
1.3 Freelancer License. If you purchased a Freelancer License, you may reproduce and use the Software and the features
specifically applicable to the Freelancer License during the Term on one or more physical or virtual machines. The
Software may be used in association with Websites (each identified by a single domain or subdomain) that are owned or
managed by you, or by your clients as part of your development services. These Websites may be hosted on third-party servers,
provided that you or your clients retain ownership and operational management of the Websites; the aggregate number of
such Websites on which the Software is used must not exceed the maximum number authorized at the time of purchase and as
specified in your invoice. You must inform SNICCO of your knowledge of any infringing use of the Software by any of your clients.
You are liable for compliance by those third parties with the terms and conditions of this EULA.
1.4 Agency License. If you purchased an Agency License, you may reproduce and use the Software and the features
specifically applicable to the Agency License during the Term on one or more physical or virtual machines. The Software
may be used in association with Websites (each identified by a single domain or subdomain) that are owned or managed by
you or by your clients as part of your development services. These Websites may be hosted on third-party servers, provided
that you or your clients retain ownership and operational management of the Websites; the aggregate number of such
Websites on which the Software is used must not exceed the maximum number authorized at the time of purchase and as
specified in your invoice. You must inform SNICCO of your knowledge of any infringing use of the Software by any of your clients.
You are liable for compliance by those third parties with the terms and conditions of this EULA.
1.5 Appliance License. If you purchased an Appliance License, you may reproduce and use the Software, including features
specifically applicable to the Appliance License, in any applications, frameworks, or elements (collectively referred to
as an “Application” or “Applications”) that you develop using the Software in accordance with this EULA, including but
not limited to hosting services, WordPress as a Service (WaaS), Software as a Service (SaaS), or any form of hosting,
provided that such distribution does not violate the restrictions set forth in section 3 of this EULA.
You must not remove, obscure, or interfere with any copyright, acknowledgment, attribution, trademark, warning, or disclaimer
statement affixed to, incorporated in, or otherwise applied in connection with the Software.
You are required to ensure that the Software is not reused by or with any Applications other than those with which you distribute it as permitted
herein. For example, if you install the Software on a customer’s server or if it is used as part of your Application,
such as in hosting, that customer is not permitted to use the Software independently of your Application. The aggregate
number of such Websites on which the Software is used as part of your Application must not exceed the maximum number
authorized at the time of purchase and as specified in your invoice. You must inform SNICCO of your knowledge of any
infringing use of the Software by any of your customers. You are liable for compliance by those third parties with the
terms and conditions of this EULA.
1.6 Archive Copies. You are entitled to make a reasonable amount of copies of the Software for archival purposes.
Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.
1.7 Electronic Delivery. All Software and license documentation shall be delivered by electronic means
unless otherwise specified on the applicable invoice or at the time of purchase.
Software shall be deemed delivered when it is made available for download by you (“Delivery”).
1.8 Updates. Upon delivery to you, any new versions, updates, or upgrades of the Software will constitute an element of
the Software and will thereafter be subject to this EULA.
2. Ownership. Notwithstanding anything to the contrary contained herein,
except for the limited license rights expressly provided herein,
SNICCO retains all rights, title and interest
(including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights)
in and to the Software and all copies, modifications and derivative works thereof
(including any changes which incorporate any of your ideas, feedback or suggestions).
You acknowledge and agree that you are obtaining only a limited license right to the Software,
and that irrespective of any use of the words “purchase”, “sale” or like terms hereunder,
no ownership rights are being conveyed to you under this EULA or otherwise.
3. Restricted Uses.
3.1 You shall not (and shall not allow any third party to): (a) decompile, disassemble, or otherwise reverse engineer
the Software or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or
programming interfaces of the Software by any means whatsoever (except and only to the extent that applicable law
prohibits or restricts reverse engineering restrictions); (b) distribute, sell, sublicense, rent, lease or use the
Software for time sharing, hosting, service provider purposes, or redistribute it as part of a product, “appliance” or
“virtual server”, except as expressly permitted under this Agreement; (c) redistribute the Software or Modifications
other than by including the Software or a portion thereof within your own product, which must have substantially
different functionality than the Software or Modifications and must not allow any third party to use the Software or
Modifications, or any portions thereof, for software development or application development purposes; (d) remove any
product identification, proprietary, copyright or other notices contained in the Software; (e) modify any part of the
Software, create a derivative work of any part of the Software or incorporate the Software, unless otherwise permitted
by this EULA; (f) publicly disseminate performance information or analysis (including, without limitation, benchmarks)
from any source relating to the Software; (g) utilize any equipment, device, software, or other means designed to
circumvent or remove any form of license key or copy protection used by SNICCO in connection with the Software, or use
the Software together with any authorization code, license key, serial number, or other copy protection device not
supplied by SNICCO; (h) use the Software to develop a product which is competitive with any SNICCO product offerings;
or (i) use unauthorized license keys or distribute or publish license keys, except as may be expressly permitted by
SNICCO in writing. If your license key is ever published, SNICCO reserves the right to terminate your access without
notice.
3.2 UNDER NO CIRCUMSTANCES MAY YOU USE THE SOFTWARE AS PART OF A PRODUCT OR SERVICE THAT PROVIDES SIMILAR FUNCTIONALITY
TO THE SOFTWARE ITSELF.
4. Fees and Payment. The Software license fees will be due and payable in full as set forth in the applicable invoice
or at the time of purchase. If the product doesn’t function, refunds may be available according to the refund policy in
effect at the time of purchase, which can be found at https://commandui.com/legal/refund-policy, but in no case later
than 14 days after purchase. You shall be responsible for all taxes, withholdings, duties and levies arising from the
order (excluding taxes based on the net income of SNICCO).
5. Support, Maintenance and Services. Subject to the terms and conditions of this Agreement, as set forth in your
invoice, and as set forth on the support policy page (https://commandui.com/legal/support-policy), support and
maintenance services may be included with the purchase of your license subscription.
6. Term of Agreement.
6.1 Term. This Agreement is effective as of the Delivery of the Software and expires at such time as all license and
service subscriptions hereunder have expired in accordance with their own terms (the “Term”).
For clarification, the term of your license under this Agreement may be perpetual, limited for Evaluation Version,
or designated as a fixed-term license in the Invoice, and shall be specified at your time of purchase.
Either party may terminate this Agreement (including all related Invoices) if the other party:
(a) fails to cure any material breach of this Agreement within thirty (30) days after written notice of such breach,
provided that SNICCO may terminate this Agreement immediately upon any breach of Section 3 or if you exceed any other restrictions contained in Section 1,
unless otherwise specified in this agreement, or if a charge dispute is opened for any payment under this Agreement
;(b) ceases operation without a successor; or (c) seeks protection under any bankruptcy,
receivership, trust deed, creditors arrangement, composition or comparable proceeding,
or if any such proceeding is instituted against such party (and not dismissed within sixty (60) days).
Termination is not an exclusive remedy and the exercise by either party of any remedy under this Agreement
will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise.
6.2 Termination. Upon any termination of this Agreement, you shall cease any and all use of any Software and destroy all copies thereof.
6.3 Expiration of License. Upon the expiration of any term under this Agreement, (a) all Software updates and services pursuant to the license shall cease,
(b) you may only continue to run existing installations of the Software on physical or virtual machines that are already in use,
(c) you may not install the Software on additional physical or virtual machines, nor use it in association with any new Websites (each identified by a single domain or subdomain) that were not already in use,
and (d) any new installation of the Software, or use in association with new Websites, shall require the purchase of a new license subscription from SNICCO.
7. Disclaimer of Warranties. The Software is provided “as is,” with all faults, defects and errors, and without
warranty of any kind. SNICCO does not warrant that the Software will be free of bugs, errors, viruses or other defects,
and SNICCO shall have no liability of any kind for the use of or inability to use the Software, the Software content or
any associated service, and you acknowledge that it is not technically practicable for SNICCO to do so. To the maximum
extent permitted by applicable law, SNICCO disclaims all warranties, express, implied, arising by law or otherwise,
regarding the Software, the Software content and their respective performance or suitability for your intended use,
including without limitation any implied warranty of merchantability, fitness for a particular purpose.
8. Limitation of Liability.
In no event will SNICCO be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive
damages or liabilities whatsoever arising from or relating to the Software, the Software content or this Agreement,
whether based on contract, tort (including negligence), strict liability or other theory, even if SNICCO has been
advised of the possibility of such damages.
In no event will SNICCO’s liability exceed the Software license price as indicated in the invoice. The existence of
more than one claim will not enlarge or extend this limit.
9. Remedies. Your exclusive remedy and SNICCO’s entire liability for breach of this Agreement shall be limited, at
SNICCO’s sole and exclusive discretion, to (a) replacement of any defective software or documentation; or (b) refund of
the license fee paid to SNICCO, payable in accordance with the refund policy at https://commandui.com/legal/refund-policy.
11. Consent to the Use of Data. You agree that SNICCO and its affiliates may collect and use technical data, telemetry
data, and related information that is gathered to facilitate the provision of the Software, software updates, product
support, and other services to you (if any) related to the Software. For example, via an API endpoint, the Software’s
API may communicate with an end user’s server(s), wherein SNICCO’s server(s) may request for technical data, telemetry
data, and/or related information and may receive a response from the Software’s API. SNICCO may use this information,
as long as it is in a form that does not personally identify you, to improve SNICCO’s products or to provide services
or technologies to you. With respect to personally identifiable information, please review SNICCO’s Privacy Policy at
https://commandui.com/legal/privacy-policy.
12. Audit. We or a certified auditor acting on our behalf, may, upon its reasonable request and at its expense, audit
you with respect to the use of the Software. Such audit may be conducted by mail, electronic means or through an
in-person visit to your place of business. Any such in-person audit shall be conducted during regular business hours at
your facilities and shall not unreasonably interfere with your business activities. We shall not remove, copy, or
redistribute any electronic material during the course of an audit. If an audit reveals that you are using the Software
in a way that is in material violation of this EULA, then you shall pay our reasonable costs of conducting the audit.
In the case of a material violation, you agree to pay us any amounts owing that are attributable to the unauthorized
use. In addition, we reserve the right, at our sole option, to terminate the licenses for the Software.
13. Miscellaneous
13.1 Entire Agreement. This Agreement sets forth our entire agreement with respect to the Software and the subject
matter hereof and supersedes all prior and contemporaneous understandings and agreements whether written or oral.
13.2 Amendment. SNICCO may amend this EULA from time to time. If SNICCO makes any substantial changes, SNICCO will
notify you by sending an email to your account’s email address.
13.3 Assignment. You may not assign this Agreement or any of its rights under this Agreement without the prior written
consent of SNICCO, and any attempted assignment without such consent shall be void.
13.4 Export Compliance. You agree to comply with all applicable laws and regulations, including laws, regulations,
orders or other restrictions on export, re-export or redistribution of software.
13.5 Indemnification. You agree to defend, indemnify, and hold harmless SNICCO from and against any lawsuits, claims,
losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of your use of the Software or
breach of this Agreement.
13.6 Governing Law. This Agreement is governed by the laws of Estonia without regard to conflicts of laws provisions
thereof, and without regard to the United Nations Convention on the International Sale of Goods or the Uniform Computer
Information Transactions Act, as currently enacted by any jurisdiction or as may be codified or amended from time to
time by any jurisdiction. The jurisdiction and venue for actions related to the subject matter hereof shall be the
courts of Tallinn, Estonia, and both parties hereby submit to the personal jurisdiction of such courts.
13.7 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid,
illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect.
13.8 Waiver. Failure or neglect by either party to enforce at any time any of the provisions of this licence Agreement
shall not be construed or deemed to be a waiver of that party’s rights under this Agreement.
13.9 Headings. The headings of sections and paragraphs of this Agreement are for convenience of reference only and
are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of
such sections or paragraphs.
14. Contact Information. If you have any questions about this EULA, or if you want to contact SNICCO for any reason,
please direct correspondence to [email protected].