MLJAR End-User License Agreement
Last updated: September 6, 2021
By purchasing a License Key and/or downloading and using the MLJAR STUDIO, You agree, without reservation, to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase a License Key and/or download and use the MLJAR STUDIO. If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have the full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity and to bind such company or other legal entity legally. You may not accept this EULA if You are not of legal age to form a binding contract with MLJAR. The MLJAR STUDIO is a software product that is licensed, not sold.
In this EULA, the expressions below shall have the meaning assigned to them in
this clause, unless the context requires otherwise:
• "Documentation" the detailed information about the MLJAR STUDIO, its features, and the system requirements as made available on the website of MLJAR, as amended from time to time;
• "MLJAR STUDIO License" the license for the MLJAR STUDIO for the term specified on the webpage of the store where You purchase the license or in any applicable agreement concerning the purchase of the license (as a stand-alone product or as part of a subscription) to Use the MLJAR STUDIO;
• "License Key" an unique code provided by MLJAR, which enables You to activate the MLJAR STUDIO and to subsequently use the MLJAR STUDIO during the applicable license term;
• "MLJAR" MLJAR sp. z o.o., based in Łapy 18100, Poland with tax identification number 9662143513; National Register of court 0000861220;
• "MLJAR STUDIO" any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by MLJAR, including any Updates;
• "Open Source Software" any software that requires as a condition of use, copying, modification, and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in source code form, and (b) be licensed to make and/or distribute derivative works, and (c) be redistributable at no charge;
• "Updates" any modified versions and updates of, and additions to the MLJAR STUDIO (excluding upgrades of the MLJAR STUDIO);
• "Use" the access, download, install, copy or get benefit from using the MLJAR STUDIO in accordance with the documentation;
• "You" you, the final and ultimate user of the MLJAR STUDIO or the authorized representative of a company or other legal entity that will be the final and ultimate user of the MLJAR STUDIO, and the company or other legal entity that will be the final and ultimate user of the MLJAR STUDIO, if applicable.
This EULA applies to any licenses granted to You by MLJAR for the use of the MLJAR STUDIO. By purchasing a License Key for the MLJAR STUDIO and/or downloading and using the MLJAR STUDIO, You enter into this EULA with MLJAR. This EULA may be modified from time to time. MLJAR will notify you of such modifications on its website or otherwise, e.g., by using the email address used for the provision of the License Key. Any modifications to this EULA shall only apply upon acceptance by You.
MLJAR grants You a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to Use the MLJAR STUDIO in accordance with this EULA. MLJAR reserves all rights not expressly granted to You. MLJAR is and remains the owner of any intellectual property rights with respect to the MLJAR STUDIO. You shall not acquire any ownership to the MLJAR STUDIO as result of Your purchase of the License Key or Your Use of the MLJAR STUDIO.
Permitted use and restrictions
In order to be able to install the MLJAR STUDIO and receive updates and
upgrades, Your computer shall have access to the Internet. You shall Use the
MLJAR STUDIO on one computer only, unless You have purchased a volume license.
In the event You have purchased a volume license, the number of computers You
may Use the MLJAR STUDIO on shall not exceed the number of MLJAR STUDIO
Licenses purchased. If You exceed the limit, MLJAR may block the License Key.
You shall Use the MLJAR STUDIO in accordance with applicable laws and shall
• rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key;
• assign the License Key or the MLJAR STUDIO License without prior written approval of MLJAR;
• Use the MLJAR STUDIO for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
• delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the MLJAR STUDIO; or
• copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the MLJAR STUDIO and the License Key or any parts thereof, except to the extent permitted by applicable law.
MLJAR may modify the MLJAR STUDIO at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide updates and upgrades. Certain components of the MLJAR STUDIO are Open Source Software and licensed under the terms of the applicable licenses of the Open Source Software. You shall adhere to these terms and conditions.
Maintenance and support
MLJAR will notify You of any available updates and upgrades. You will be entitled to receive Updates free of charge till the next major release of the MLJAR STUDIO. In order to receive Updates after this period, You will need to either renew your License Key or enter into an subscription arrangement with MLJAR. You may need to pay an additional fee in order to be able to download an upgrade. You can download available updates and upgrades from the website of MLJAR. Any maintenance and support provided by MLJAR, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is" basis without any warranty, as soon as reasonably practicable, subject to availability of personnel. The terms of this EULA will govern any Updates.
Use of data
MLJAR and its subsidiaries may periodically collect and use technical and related data concerning the MLJAR STUDIO You have licensed, including about the version number of the MLJAR STUDIO You have installed and about the system You have installed the MLJAR STUDIO on. MLJAR will use such data to facilitate maintenance and support with respect to the MLJAR STUDIO, to improve its products and to provide further services or technologies to You. MLJAR may process personal data with respect to You, if and to the extent necessary to provide the License Key, to provide maintenance and support to You with respect to the MLJAR STUDIO and to comply with its obligations under this EULA. To the extent MLJAR will process personal data, it will comply with its obligations under applicable data protection law. Please see our privacy statement for more details on the processing of Your personal data that MLJAR has collected and received through its website.
You Use the MLJAR STUDIO at Your own risk and the entire risk as to the satisfactory quality, performance and accuracy are with You. The MLJAR STUDIO and accompanying documentation are provided on an “as is" and “as available" basis without warranty - express or implied - of any kind, and MLJAR specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by MLJAR, its dealers, distributors, agents, or employees shall create a warranty or in any way increase the scope of this warranty, and You may not rely upon such information or advice.
The liability of MLJAR and any third party that has been involved in the creation, production, or delivery of the MLJAR STUDIO for all damages arising out of or in any way relating to the MLJAR STUDIO License, the License Key, the MLJAR STUDIO and/or this EULA shall in no event exceed the total amount(s) paid by You to MLJAR in the preceding 12 months. MLJAR and any third party that has been involved in the creation, production, or delivery of the MLJAR STUDIO are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the MLJAR STUDIO).
The License is perpetual for purchased this MLJAR STUDIO's version with its updates and upgrades. However, MLJAR reserved its right to stop supporting this version with the release of its next major version. This EULA will continue to be in force until the expiry or termination of the MLJAR STUDIO License. MLJAR is entitled to terminate the MLJAR STUDIO License by blocking the License Key during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your fee for the License Key within the applicable payment term, or in the event, MLJAR is required to do so by law or an order of an applicable court.
Governing law and disputes
This EULA shall be governed by and construed under the laws of Poland, excluding its conflicts of law rules. Any dispute between MLJAR and You shall exclusively be submitted to the competent court in Bialystok, Poland.