End User License Agreement (EULA) of 9patch

Version 1 – Effective from 28.04.2021

Please read this EULA before You purchase a License Key for the 9patch Mac App and subsequently download and use the 9patch Mac App.

Definitions

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

“9patch, “We” or “Us”” Andreas Éri, August-von-Willich Str. 19, 50827 Köln, Germany with VAT number DE302464157;

“9patch Mac License” the license for the 9patch Mac App 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 part of a subscription) to Use the 9patch Mac App;

“License Key” a unique code provided by 9patch, which enables You to activate the 9patch Mac App and to subsequently use the 9patch Mac App during the applicable license term;

“9patch Mac App” any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by 9patch, including any Updates;

“Updates” any modified versions and updates of, and additions to the 9patch Mac App;

“Use” the access, download, install, copy or get benefit from using the 9patch Mac App in accordance with the documentation;

“You” you, the final and ultimate user of the 9patch Mac App or the authorized representative of a company or other legal entity that will be the final and ultimate user of the 9patch Mac App, and the company or other legal entity that will be the final and ultimate user of the 9patch Mac App, if applicable.

General

  1. This EULA is a legal agreement between You and 9patch. Our EULA was partially created by EULA Template for 9patch.
  2. This EULA governs Your acquisition and use of our 9patch Mac App directly from 9patch or indirectly through a 9patch authorized reseller or distributor (a “Reseller”).
  3. Please read this EULA carefully before completing the installation process and using the 9patch Mac App. It contains warranty information and liability disclaimers.
  4. By purchasing a License Key and/or downloading and using the 9patch Mac App, 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 9patch Mac App.
  5. If You register for a free trial of the 9patch Mac App, this EULA will also govern that trial. By purchasing a License Key and/or downloading and using the 9patch Mac App, you are confirming your acceptance of the 9patch Mac App and agreeing to become bound by the terms of this EULA.
  6. If You are entering into this EULA on behalf of a company or other legal entity, You represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If You do not have such authority or if You do not agree with the terms and conditions of this EULA, do not install or Use the 9patch Mac App, and You must not accept this EULA.
  7. This EULA shall apply only to the 9patch Mac App supplied by 9patch herewith regardless of whether other software is referred to or described herein. The terms also apply to any Updates, supplements, Internet-based services, and support services for the 9patch Mac App, unless other terms accompany those items on delivery. If so, those terms apply.

License Grant

  1. 9patch hereby grants you a personal, non-transferable, non-exclusive 9patch Mac License to use the 9patch Mac App on one device in accordance with the terms of this EULA.
  2. You are permitted to load the 9patch Mac App (on a supported macOS device) under your control. You are responsible for ensuring your device meets the minimum requirements of the 9patch Mac App.

Permitted use and restrictions

In order to be able to install the 9patch Mac App and receive Updates and upgrades and to verify the 9patch Mac License, Your computer shall have access to the Internet. You

You shall Use the 9patch Mac App on one computer only. If You exceed the limit, 9patch may block the License Key.

You are not permitted to:Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the 9patch Mac App nor permit the whole or any part of the 9patch Mac App to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the 9patch Mac App or attempt to do any such things.Reproduce, copy, distribute, resell or otherwise use the 9patch Mac App for any commercial purpose.Allow any third party to use the 9patch Mac App on behalf of or for the benefit of any third party.Use the 9patch Mac App in any way which breaches any applicable local, national or international law.Use the 9patch Mac App for any purpose that 9patch considers is a breach of this EULA.

Intellectual Property and Ownership

  1. 9patch shall at all times retain ownership of the 9patch Mac App as originally downloaded by You and all subsequent downloads of the 9patch Mac App by you. The 9patch Mac App (and the copyright, and other intellectual property rights of whatever nature in the 9patch Mac App, including any modifications made thereto) are and shall remain the property of 9patch.
  2. 9patch reserves the right to grant licenses to use the 9patch Mac App to third parties.

Disclaimer

  1. You Use the 9patch Mac App at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
  2. The 9patch Mac App and accompanying documentation are provided on an “as is” and “as available” basis without warranty – express or implied – of any kind, and 9patch specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by 9patch, 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.

Termination

  1. This EULA is effective from the date you first use the 9patch Mac App and shall continue until terminated.
  2. It will also terminate immediately if you fail to comply with any term of this EULA. Upon such termination, the 9patch Mac Licenses granted by this EULA will immediately terminate and you agree to stop all access and use of the 9patch Mac App. The provisions that by their nature continue and survive will survive any termination of this EULA.
  3. This EULA will continue to be in force until the expiry or termination of the 9patch Mac License.
  4. The License Key will terminate automatically with a deactivated subscription.
  5. 9patch is entitled to terminate the 9patch Mac 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 9patch is required to do so by law or an order of an applicable court.
  6. Upon termination of the 9patch Mac License, You shall cease all use of the 9patch Mac App.
  7. 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.

Governing Law and disputes

  1. This EULA, and any dispute arising out of or in connection with this EULA, shall be governed by and construed in accordance with the laws of Germany.