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End-user license agreement

Last updated: 20 January 2020

After installation, these terms are also viewable in Maiar at maiar://credits for desktop or in Settings: Licenses for mobile apps.

Source code of Maiar is open source and will be available free of charge on Github for desktop, Android and iOS, under the Mozilla Public License Version 2.0 terms and in Maiar at maiar://credits for desktop or in Settings: Licenses for mobile apps, after installation. 

This end user license agreement (“EULA”) governs your download and/or use of the executable code for the Maiar for Computers desktop software applications and mobile apps, including any update or upgrade thereto (“Software”). This EULA forms a binding contract between you and Elrond Network SRL, N. Olahus St. no.5, Sibiu, Romania, 550402 (“Maiar” or “Elrond”).

They apply to this software published by Elrond and any software updates (“Software”) (except to the extent such Software or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Elrond’s rights relating to pre-updated Software). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY DOWNLOADING OR USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE SOFTWARE. 

1. This EULA constitutes a contract between you and Maiar. You may not use the Software if you do not accept the terms in this EULA. By downloading and/or using the Software, you agree to be bound by all the terms and conditions set forth in this EULA. If you are under thirteen (13) years of age, or at least thirteen (13) years of age but a minor where you live, you must have your parent or legal guardian accept this EULA on your behalf and approve your use of the Software.

2. The Software is delivered along with certain software components provided by third parties (“Third Party Software”). Maiar shall not be responsible for any such Third-Party Software. Third-Party Software, particularly open source software, may be subject to separate license terms included with, or contained in the setup installation segments of such Third-Party Software. The terms set forth in this EULA do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software licenses. This EULA governs your use of the Software in executable form. Source code for any open source Third-Party Software delivered along with the Software can be obtained by sending an email message to opensource@maiar.com.

4. Various services may be offered where available via or as integrated into the Software (“Services”). By using any such Services, you agreed to the terms of service at https://maiar.com/terms-of-service/ (“Terms of Service”). The Terms of Service are incorporated into this EULA by this reference. As is more fully explained in the Terms of Service, some Services are offered by Elrond, others by third parties (which may be subject to separate terms – please refer to the Terms of Service for more information). Elrond reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Elrond shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

5. Elrond takes the protection and security of its users’ information very seriously and will treat any and all such information in accordance with our privacy policy, which is currently posted at https://maiar.com/privacy-policy (“Privacy Policy”) and at https://maiar.com/browser-privacy/ (“Maiar Browser Privacy Policy”). These two Privacy Policies are incorporated into this EULA by this reference. You agree to the use of your data in accordance with Elrond’s Privacy Policies.

6. Your license to use the Software terminates if you breach this EULA. This EULA will commence upon your download of the Software and continue in perpetuity unless terminated earlier as provided herein. This EULA will immediately terminate upon your breach of any of the terms or conditions set forth herein. Upon the termination of the EULA, you will discontinue all use of the Software, promptly destroy or have destroyed the Software and any copies thereof, and, upon request by Elrond, certify in writing that such destruction has taken place.

7. THE SOFTWARE IS PROVIDED “AS IS”, AND ELROND DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SATISFACTORY QUALITY, OR QUIET ENJOYMENT. ELROND DOES NOT WARRANT THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE DOES NOT CONTAIN ANY VIRUSES. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ELROND. ELROND WOULD NOT PROVIDE THE SOFTWARE ABSENT SUCH DISCLAIMER. NO REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY OF ELROND’S CUSTOMERS OR SUPPLIERS UNDER OR BY VIRTUE OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE.

8. IN NO EVENT SHALL ELROND, ITS AFFILIATES, OR THEIR RESPECTIVE SUPPLIERS OR CUSTOMERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS, LOST DATA, LOST PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF ELROND ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO ELROND IN RESPECT OF THE SOFTWARE GIVING RISE TO THE CLAIM OR, IF NO FEES WERE PAID, THEN FIVE EUROS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ELROND. ELROND WOULD NOT PROVIDE THE SOFTWARE TO YOU ABSENT SUCH LIMITATION.

9. This EULA will be governed by the laws of Romania without giving effect to any conflicts of law principles that may require the application of the laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. All actions or proceedings arising under or related to this Agreement must be brought in the Bucharest City Court, and you hereby agree to irrevocably submit to the exclusive jurisdiction and venue of any such court in all such actions or proceedings. Notwithstanding this, you agree that Elrond shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. If any provision of this EULA is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this EULA shall not be affected or impaired thereby.

10. Elrond may update the terms of this EULA, the Privacy Statement or the Terms of Service. The current version of this EULA is posted at https://maiar.com/eula, the latest version of the Privacy Policy is posted at https://maiar.com/privacy-policy and at https://maiar.com/browser-privacy/, and the Terms of Service are posted at https://maiar.com/terms-of-service/. It is your responsibility to remain informed of any changes as you are bound by the latest version of the EULA, Privacy Policy and Terms of Service.

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