Ultimate Typing Coach EULA license

Modified on Thu, 16 Jul at 4:12 PM

LICENSE AGREEMENT

CLOUD KAYAK LABS INC. IS WILLING TO LICENSE THIS SOFTWARE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE CLICKING ON "YES" AND INSTALLING THE PROGRAM, AS CLICKING ON "YES" AND INSTALLING THE PROGRAM WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU DO NOT AGREE WITH THESE TERMS, THEN CLOUD KAYAK LABS INC. IS UNWILLING TO LICENSE THE PROGRAM TO YOU, IN WHICH EVENT YOU SHOULD NOT CLICK "YES" AND YOU SHOULD NOT PURCHASE OR USE THIS SOFTWARE PRODUCT.

THE LICENSE AGREEMENT FOR REGISTERED/UNREGISTERED/DEMO VERSIONS WHICH INCLUDES LIMITED WARRANTY AND DISCLAIMER:

(1) Introduction. This agreement explains when and how you may use both UNREGISTERED-DEMO and REGISTERED copies of software products from CLOUD KAYAK LABS, Inc.

In this agreement:

"Program" means the CLOUD KAYAK LABS, INC. software products(s) you have purchased or obtained for evaluation, including both the software and the associated documentation and other materials;

"UNREGISTERED-DEMO Copy" means a copy of the Program distributed by us or by our authorized agents for evaluation purposes and which is described as an UNREGISTERED/TRIAL/DEMO copy in the Program's sign-on messages;

"REGISTERED Copy" means a copy of the Program purchased from us or from a dealer, and which is not described as an UNREGISTERED-DEMO copy in the Program's sign-on messages;

"we" or "us" means CLOUD KAYAK LABS INC., a corporation based in Helsinki, Finland; and

"you" means the end user of the Program.

(2) Legal Agreement. This is a legal agreement that allows you, the end user, to use the Program under certain terms and conditions provided herein.

(3) Copyright. The Program is fully protected by copyright owned by CLOUD KAYAK LABS under U.S. law and international treaty provisions. You agree that you shall not reverse engineer, decompile, or disassemble the Program for any purpose.

(4) Patents. This program may contain elements that are patented and owned by CLOUD KAYAK LABS.

(5) TypingMaster is a registered EU trademark

(6) Evaluation Period. You may use an UNREGISTERED-DEMO Copy of the Program for an evaluation period of up to 30 days, in order to determine whether the program meets your needs before purchasing it. Once the evaluation period ends, you agree to either purchase a REGISTERED Copy of the Program, or to stop using it. If you have ordered a REGISTERED Copy of the Program from us or from a dealer, you may continue to use your UNREGISTERED-DEMO Copy until your REGISTERED Copy arrives.

(7) Use of the Program. While you are evaluating the Program, you may use it on as many computers as are required to perform your evaluation. Your 30-day evaluation period begins when you first install the Program on one or more computers for evaluation purposes. Once the evaluation period is over and you purchase the program, your use is subject to the following restrictions:

Single Computer License:
If you purchased a single computer license, you agree not to install or use any individual copy of the Program on more than one computer at a time. However, you may install an individual copy simultaneously on one computer at work, one computer at home, and one portable computer, if all these computers are used primarily by the same individual, and there is no possibility that the computers will be in use at the same time except while you are actively transferring files between them.

Multiple Computer License:
If you purchased a multi-system license for the Program you agree not to install or use it on more computers than the number included in your license, as shown on your order form, receipt, invoice, the program sign-on screen, or other documents from us.

Site License:
If you purchased a Site License, unlimited use of the Program is authorized at the registered site.

If the Program was purchased by your employer, you agree to get your employer's explicit permission before installing the Program on multiple computers as described above.

(8) Making and Distributing UNREGISTERED-DEMO Copies of the Program. You may make copies of your UNREGISTERED-DEMO Copy of the Program to give to others, as long as you include all of the files that you originally received with your UNREGISTERED-DEMO Copy. When you give an UNREGISTERED-DEMO Copy of the Program to another person, you agree to inform them that their copy is to be used for a time limited evaluation period, and that they must purchase a REGISTERED Copy if they continue to use the Program once the evaluation period has ended. You agree not to sell UNREGISTERED-DEMO Copies of the Program or distribute them to others for any kind of compensation or fee unless you have written permission from CLOUD KAYAK LABS, Inc.

(9) Copying REGISTERED Copies of the Program. When you receive a REGISTERED Copy of the Program you may make copies of the Program software which are necessary for normal backup purposes. You agree not to make any other copies of the software, the manual(s), or any part of them, or sell or give any copies to others, without our advance written permission.

(10) Operation of the Program. You assume full responsibility for the selection and use of the Program to achieve your intended results.

(11) LIMITED WARRANTY. The following limited warranty applies to REGISTERED Copies of the Program. It is included here so you understand what your warranty will be when you purchase a REGISTERED Copy. This warranty does NOT apply to UNREGISTERED-DEMO Copies of the Program.

You will receive the Program via electronic download. Updates and maintenance releases, if available, may be delivered online or through automatic update functionality within the Program.

Bugs and Program Errors. We don't promise that the Program will be free of bugs or program errors. If, within one year after you purchase the Program, you report a program error or bug to us, we will use our best efforts to correct it. If we issue a maintenance release for the Program which includes a correction for an error you reported, we will send you a copy of that maintenance release at no charge if you request it. We will only do this for maintenance releases, not for new major releases or other new versions of the Program.
The Program is provided “as is.”
While Cloud Kayak Labs Inc. uses reasonable efforts to correct reported errors, we do not guarantee the Program will be error-free. Your exclusive remedy for any defect shall be limited to replacement or refund of the purchase price.

(12) DISCLAIMERS AND LIMITATIONS.

DISCLAIMER FOR UNREGISTERED-DEMO COPIES: YOU ARE NOT PAYING FOR THE TRIAL USE LICENSE FOR YOUR UNREGISTERED-DEMO COPY OF THE PROGRAM. ACCORDINGLY THE UNREGISTERED-DEMO COPY IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND.

DISCLAIMER FOR REGISTERED COPIES: EXCEPT FOR THE LIMITED WARRANTY STATED ABOVE, WE DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LIMITED WARRANTY ABOVE GIVES YOU SPECIFIC LEGAL RIGHTS, BUT YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

LIMITATION OF LIABILITY: IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF USE OF THE PROGRAM OR YOUR RELATIONSHIP WITH US. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENTS SHALL CLOUD KAYAK LABS'S TOTAL, CUMULATIVE LIABILITY UNDER ANY AND ALL THEORIES OF LIABILITY AND CAUSES OF ACTION EXCEED THE PURCHASE PRICE PAID FOR THE PROGRAM LICENSE.

EXPORT CONTROLS. You agree to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Programs or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals.

MISCELLANEOUS. This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements. This Agreement may be modified only by a written agreement signed by the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.

To the greatest extent under applicable law, the laws of Finland shall govern the interpretation and enforcement of this EULA without regard to principles of conflicts of laws, and all disputes arising out of this EULA shall be subject to the sole and exclusive jurisdiction of the courts of Finland, except the Company shall have the right to bring an action for injunctive relief in any court of competent jurisdiction. If applicable law prohibits any of the foregoing provisions regarding choice of law or jurisdiction, then the applicable law regarding such matters shall govern the interpretation and enforcement of this EULA and/or jurisdiction for dispute resolution.
All disputes arising under this EULA shall be submitted to binding arbitration in Helsinki, Finland under the Commercial Rules of the International Chamber of Commerce by one Arbitrator mutually agreed upon both you and Company in accordance with the aforementioned rules. All costs of the arbitration shall be borne equally by both parties to this agreement, regardless of the final decision. The defaulting party as determined by the Arbitrator, shall pay all other costs and expenses, including reasonable attorney's fees, incurred by the party in enforcing its rights under this Agreement. The arbitration award shall be final and each party shall comply in good faith to the entry of the Arbitrator’s award in any court having jurisdiction. If juridical enforcement or review of the Arbitrator’s decision is sought, the prevailing party shall be entitled to costs and reasonable attorneys’ fees. For the avoidance of doubt, all claims you bring against Company must be resolved in accordance with this Section. All claims filed or brought against Company contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that Company may recover attorneys’ fees and costs of up to One Thousand U.S. Dollars ($1000.00) provided that Company has notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.
(13) Online Update Check and License Activation
If you choose to buy/register our software and enter your license into software, the Software automatically communicates with our webserver on the internet. The Company will receive the entered license for the purpose of monitoring if it is legally purchased. The software also automatically periodically checks from webserver the possible new software updates.
BY ACCEPTING THE TERMS OF THIS EULA, YOU HEREBY ALSO ACKNOWLEDGE THAT YOU ARE FAMILIAR WITH AND AGREE TO THE TERMS OF THE COMPANY’S PRIVACY POLICY FOR WEBSERVERs:
https://www.typingmaster.com/privacy.html

(14) Optional Cloud Drive Integration
The Program may offer an optional feature allowing you to connect to third-party cloud storage services (e.g. pCloud, MEGA ) for file backup or synchronization. Use of this feature is entirely optional. If you choose to enable it, you acknowledge that your use of such third-party services is governed solely by the applicable terms and privacy policies of those third-party providers, and not by this Agreement. CLOUD KAYAK LABS INC. does not store or have access to your cloud credentials or files, except to the extent technically required to enable the integration. All trademarks and service marks are the property of their respective owners. The cloud synchronization feature utilizes the open-source tool Rclone as its underlying connector component. Rclone is licensed under the MIT License, Copyright (C) 2012 by Nick Craig-Wood. The full license text is provided in the accompanying file rclone.license.txt.