This Agreement, between you and PUQ sp. z o.o. and its affiliates, governs the use of the accompanying software and any related services that may be provided by PUQ. Do not use the software until you have read and understand this Agreement and accept its terms and conditions. By ordering, downloading, installing, accessing, using, or interacting with the software, you are indicating that you have the legal capacity to enter into a binding agreement and accept the terms of this Agreement. If you do not agree with the terms, do not use the software.
You are not allowed to distribute copies of the software to others, or make duplicates of it by any means, including electronic transmission. You are permitted to make one backup copy of the software in machine-readable form, as long as it includes all copyright or other proprietary notices from the original.
You may not rent, sublicense, transfer, lease, lend, or resell the software for profit, publish or network the software or related materials or create any derivative works based on the software or any part of it. You are not allowed to use the software for any illegal activities or allow others to do so.
You also may not use the software to engage in any activity that would violate the rights of third parties, such as infringing on copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation.
2. Ownership Rights
The software is licensed to you by PUQ for use only in accordance with the terms and conditions of the license. PUQ retains all rights not explicitly granted to you. The software is protected by U.S. and international copyright laws and treaty provisions. PUQ holds all rights, title, and interests in the software, including all copyrights, patents, trade secret rights, trademarks, service marks, and other intellectual property rights. The software is divided into Custom Software Development and Products.
Custom Software Developments are based on unencrypted code, and they are entirely owned by the customer and their company, with the exception of renting, sublicensing, assigning, leasing, loaning, reselling for profit, distributing, publishing or networking rights. Any attempt to do so must be agreed upon with PUQ. Your possession, installation or use of the Products does not transfer any title to the intellectual property in the software to you and you will not acquire any rights to the Products except as expressly set forth in this Agreement.
All copies of the Products made under this Agreement must contain the same proprietary notices that appear on and in the Products, including all Products copyright notices embedded in any design template which must remain unaltered from the original and visible at all times. Renting, sublicensing, assigning, leasing, loaning, reselling for profit, distributing, publishing, networking rights, decoding, decrypting are not allowed. Every attempt of these must be agreed with PUQ.
The Custom Software Developments you possess are licensed to you by PUQ for use only under the terms and conditions of the license, unless you attempt to rent, sublicense, assign, lease, loan, resell for profit, distribute, publish or network them. Any unauthorized actions are considered illegal and are not allowed without the permission of PUQ. The license for the Products is valid until terminated, you may end the license at any time by uninstalling the software and destroying all copies in any media.
PUQ has the right to terminate this agreement immediately and without notice if you fail to comply with any terms or conditions of the license or this agreement. If the agreement is terminated, you must stop using the software and destroy all copies, complete and partial, of the software.
4. No Warranties
By accepting this software, you acknowledge that it is provided "as is" and we do not provide any warranties regarding its use, performance or any other aspect. To the fullest extent allowed by law, we deny all other warranties, representations, and conditions, whether express or implied, legal or otherwise, including but not limited to, implied warranties or conditions of merchantability, satisfactory quality, fitness for a specific purpose, title, and non-infringement. All risks arising from the use or performance of the software are solely your responsibility.
5. Limitation of Liability
PUQ, internet brands, and its affiliates will not be held liable for any indirect, special, incidental, or consequential damages to the fullest extent allowed by law. This includes damages for loss of business or profits, whether the damages are a result of a breach of contract, negligence, product liability or any other cause. Even if PUQ, internet brands or its representatives or affiliates have been advised of the possibility of such damages and even if a remedy set forth in the agreement is found to have failed of its essential purpose. The limitations of damages set forth in the agreement are fundamental elements of the agreement between PUQ and you, and PUQ would not have been able to provide the software to you without such limitations.
6. Fees and Payments
By purchasing our products with an annual license, you will have access to our technical support and product updates for one year. In order to maintain access to technical support and product updates for each subsequent year, you will need to pay for the license renewal in accordance with our current pricing. For products purchased with an owned license, you will also have yearly access to technical support and product updates, which will need to be renewed each year in accordance with our current pricing. We reserve the right to charge fees for future services and change prices of our products and services at any time. If we decide to charge for a service, you will be notified beforehand. By accepting this agreement upon purchasing our services, you agree to receive PDF Pro-Forma/Invoices on the email address provided during registration. Failure to pay for any service including custom software development will result in suspension of all existing customer services, including product licenses.
By submitting feedback, suggestions, or ideas about the software, you agree that we may use it in any manner, including in future updates of the software. You also give us the permanent, global, and transferable right to use, change, develop from, distribute, and show any information you provide through feedback without any royalty or the ability to revoke the license.
8. Delivery Policy
When you place an order for a Product, you will either be prompted to start the download immediately or receive an email with instructions on how to complete the download. If you are prompted to start the download, completing it means that you have received the item(s) you ordered. If you receive an email, receiving it means that we have delivered the item(s) you ordered. If you are unable to download the item(s) or do not receive an email, you must contact us within 5 days from the date of your order. If you do not contact us within 5 days, the item(s) will be considered received, downloaded, and delivered to you.
When you place an order for Custom Software Development, the services will be provided to you in accordance with the terms of the services you purchased. The timing of the services may depend on the nature of the services and the date of your purchase. The services will be considered successfully delivered to you once they have been performed.
9. Refund Policy
By agreeing to our Refund Policy through any actions related to the Software, such as ordering, downloading, installing, accessing, or using it, or allowing someone else to do so, you are acknowledging and accepting the terms outlined in the policy.