End User License Agreement

Please read this End User License Agreement (“EULA”) before You purchase a License Key for the Software and subsequently download and use the Software.

By purchasing a License Key and/or downloading and using the Software, 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 Software.

If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

You may not accept this EULA if You are not of legal age to form a binding contract with Randomill.

Definitions

In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:

• “Activate” turning the inactive version into the fully activated version of the same application with a License Key provided by Randomill;
• “Randomill”, software by Boris Boguslavsky;
• “I”, “my”, “me” Boris Boguslavsky (it’s just me);
• “Documentation” the detailed information about the Software, its features and the system requirements as made available on the website of Randomill, as amended from time to time;
• “License Key” a unique code provided by Randomill, which enables You to activate the Software by entering the code into the Software and to subsequently use the Software during the applicable license term;
• “Software” any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by Randomill, including any Updates;
• “Updates” any modified versions and updates of, and additions to the Software (excluding upgrades of the Software);
• “Use” the access, download, install, copy or get benefit from using the Software in accordance with the documentation.
• “You” you, the final and ultimate user of the Software or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Software, and the company or other legal entity that will be the final and ultimate user of the Software, if applicable.

1. General

1.2 — This EULA applies to any licenses granted to You by Randomill for the use of the Software.

1.3 — By purchasing a License Key for the Software and/or downloading and using the Software, You enter into this EULA with Randomill.

1.4 — This EULA may be modified from time to time. Randomill may or may not 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.

2. License

2.1 — Randomill grants You a non-exclusive, non-transferable, limited, revocable license to Use the Software in accordance with this EULA. Randomill reserves all rights not expressly granted to You.

2.2 — Randomill is and remains the owner of any intellectual property rights with respect to the Software. You shall not acquire any ownership to the Software as result of Your purchase of the License Key or Your Use of the Software.

3. Refunds

3.1 — You are entitled to a refund within 14 days of purchase. Refund requests can be made by contacting customer support.

3.2 — Should you request a refund as a result of an error or unexpected behavior, I will make one attempt to convince you to troubleshoot the issue first. You may state that you do not wish to troubleshoot to bypass this.

4. Permitted use and restrictions

4.1 — In order to be able to install the Software, Your computer shall have access to the Internet.

4.2 — You may Use the Software on two computers only. If You exceed the limit, Randomill may block the License Key.

4.3 — You shall Use the Software in accordance with applicable laws and shall not:

1. 1. Rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key, or the Software.
   2. Use the Software version for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity.
   3. Delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Software.
   4. 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 Software and the License Key or any parts thereof, except to the extent permitted by applicable law.

4.4 — Randomill may modify the Software 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.

5. Maintenance and support

5.1 — When new updates are available, you may or may not be notified via the email You provided upon purchase.

5.2 — Some updates are freely available. However, other updates might be released separately and may require additional payment.

5.3 — Any maintenance and support I provide, 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 my availability. I do my best to respond and fix errors quickly. However, as one person, I am sometimes unavailable during the rare vacation or holiday.

6. Use of data

6.1 — Randomill and its vendors may periodically collect and use technical and related data concerning the Software You have licensed, including about the version number of the Software You have installed and about the system You have installed the Software on. Randomill will use such data to facilitate maintenance and support with respect to the Software, to improve its products and to provide further services or technologies to You.

6.2 — Randomill may control 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 Software and to comply with its obligations under this EULA.

7. Disclaimer

7.1 — You Use the Software at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.

7.2 — The Software and accompanying documentation are provided on an “as is” and “as available” basis without warranty – express or implied – of any kind, and Randomill specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Randomill, 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.

8. Liability limitation

8.1 — The liability of Randomill and any third party that has been involved in the creation, production, or delivery of the Software for all damages arising out of or in any way relating to the License version, the License Key, the Software and/or this EULA shall in no event exceed the cost of the License.

8.2 — Randomill and any third party that has been involved in the creation, production, or delivery of the Software 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 Software).

9. Termination

9.1 — This EULA will continue to be in force for the duration that You use the Software.

9.2 — Randomill is entitled to terminate the License and/or Your usage of the Software 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, or in the event Randomill is required to do so by law or an order of an applicable court.

9.3 — Upon termination of the Software, You shall cease all use of the Software.

9.4 — You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.