KSuse Sender Terms of Service
End-User License Agreement
Important — Read carefully:
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Author of this Software ("Konstantin Kuyukov") for the Software Product "KSuse Sender", which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Software Product"). The Software Product also includes any updates and supplements to original software provided to you.
By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this EULA. If you do not agree to any of the terms of this EULA, you are not permitted to use the Software Product in any way, and all copies of it must be deleted from your system(s).
The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.
Definitions
Commercial Use: Works based on the Software Product for general purpose and commercial distribution, or, use of the Software Product (either in whole or in part) whether payment, profit or financial gain is sought directly or indirectly, regardless of whether payment or gain is actually realized.
Grant of License
Konstantin Kuyukov grants you the rights described in this EULA provided that you comply with all the terms and conditions of this EULA:
General Software License Grant. You are granted a right to install the Software Product and use it in order to process and demonstrate your photos and videos with the Software Product. Konstantin Kuyukov grants the use of the Software Product according to one of the license types below as identified in the product title. Purchased licenses do not extend to third parties even if the software was developed for that third party. All entities must have a separate license.
Trial/Demo/Free version (No costs). Use of the Software Product without purchase of a License shall be limited to evaluation purposes only.
Single License. If you purchased a Single License, Konstantin Kuyukov grants to you one (1) personal, nontransferable, nonexclusive, royalty-free license to use copies of the Software Product and install such Software on your machine(s) for your single concurrent internal use, to use and redistribute any number of produced photos and videos. Use of the Software Product by other individuals is permitted only if said other individual has been licensed to use the Software Product.
Redistribution
You are not granted to redistribute any part of the Software Product.
Konstantin Kuyukov is not obligated to provide support for works derived from the Software Product.
Disassembly
You may not modify this product in any manner. You shall not, nor allow others to copy, in whole or in part, emulate, sub-licence, sell, transfer, exploit, alter, modify or adapt the Software Product nor decompile, dissemble or reverse engineer the same nor attempt to do such thing.
Reservation of Rights
Konstantin Kuyukov reserves all rights not expressly granted herein.
Description of Other Rights and Limitations
Rental. You may not lease or rent the Software Product.
Proprietary notices. You may not remove any proprietary notices or labels on the Software Product.
Consideration. For the rights and license granted in this EULA you will pay Konstantin Kuyukov the currently published retail price available at ksuse.store or another mutually agreed upon amount to appear on a valid invoice.
Termination. Without prejudice to any other rights, Konstantin Kuyukov may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software Product and all of its component parts.
Term. The term of this EULA shall continue perpetually from the date of purchase unless terminated according to the provisions in section 2(d).
Derived Works. You agree that you will not use the Software Product to develop derived works that offer similar functionality as the Software Product, expose the features of the Software Product for use by an unlicensed third party. For a period of one (1) year from the date of use, you agree not to create software that might directly compete with Konstantin Kuyukov products.
Software Maintenance and Updates
Konstantin Kuyukov periodically releases updates to existing versions, and also complete new versions, of the Software Product.
Updates are free.
Konstantin Kuyukov is not obligated to, but may at its own option, provide free email support.
If this copy of the Software Product is an upgrade from an earlier version of the Software Product, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software Product to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software Product or transfer it to another person or entity unless such transfer is otherwise valid according to the terms of this EULA.
Copyright
All title and copyrights in and to the Software Product (including but not limited to any images, photographs, text, and "applets" incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by Konstantin Kuyukov. The Software Product is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Product like any other copyrighted material.
Software from Third Party Suppliers
Konstantin Kuyukov provides you with software from third parties. The (license) terms imposed by such third parties in relation to the software shall apply, notwithstanding any varying provisions in this license agreement. By installing, copying or using KSuse Sender you agree to be bound to the hereunder mentioned terms imposed by those third parties.
KSuse Sender utilizes the FFmpeg video application for part of the output process. FFmpeg is free software licensed under the GNU Lesser General Public License LGPLv3 (see: https://www.gnu.org/licenses/lgpl-3.0.html for more details). FFmpeg is a trademark of Fabrice Bellard, originator of the FFmpeg project. The source code of FFmpeg and compile information, as used in KSuse Sender: https://git.ffmpeg.org/ffmpeg.git.
Limitation of Liability
No warranties. Konstantin Kuyukov expressly disclaims any warranty for the Software Product. The Software Product and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the Software Product remains with you.
No liability for damages. To the maximum extent permitted by applicable law, in no event Konstantin Kuyukov is liable for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use this product (including but not limited to loss of data, or data being rendered inaccurate, or losses sustained by you or third parties, or a failure of the program to operate with any other programs), even if Konstantin Kuyukov has been advised of the possibility of such damages.
Marketing
You agree to be identified as a customer of Konstantin Kuyukov and that Konstantin Kuyukov may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in Konstantin Kuyukov's marketing materials, on Konstantin Kuyukov's web site, in public or legal documents. You hereby grant Konstantin Kuyukov a license to use your name and any of your trade names and trademarks solely pursuant to this marketing section.
Disclaimer
THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT A WARRANTY OF ANY KIND. THE AUTHOR OF THIS SOFTWARE ("KONSTANTIN KUYUKOV") DOES NOT TAKE ANY RESPONSIBILITY FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE. IN NO EVENT WILL KONSTANTIN KUYUKOV BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF KONSTANTIN KUYUKOV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AUTHOR DOES NOT WARRANT THAT "KSuse Sender" IS FREE FROM BUGS, ERRORS, OR OTHER PROGRAM LIMITATIONS. LIMITATION OF LIABILITY AND DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE AUTHOR WILL NOT BE SUBJECT TO LIABILITY FOR ANY BUGS OR DAMAGES CAUSED BY CERTAIN "KSuse Sender" FEATURES.
Language of Agreement
You agree that this EULA be drafted in the English language.