License Agreement
This License Agreement is a legal agreement between you (either an individual or a legal entity) and Rui Henriques Pacheco operating as Lost Bytes, a sole trader established and existing under the laws of the United Kingdom (hereinafter ‘Lost Bytes’) for the use of Tuples.
The Tuples Software (the computer programs in machine readable object code form issued by Lost Bytes pursuant to this License Agreement) together with the Documentation (all manuals, user documentation and other related materials pertaining to the Tuples Software) and/or other materials distributed with the Tuples disk image, CD or any other media containing these materials) is licensed, not sold, to you by Lost Bytes, and Lost Bytes reserves all rights not expressly granted to you within this license agreement. Under no circumstances shall source code of Tuples be made available to you by Lost Bytes. The Tuples Software and Documentation are collectively referred to as ‘Tuples’.
By downloading, installing, copying or otherwise using all or any portion of the Tuples Software you agree to be bound by the terms of this License Agreement. If you do not agree to this License Agreement, do not use the Tuples Software. If you purchased Tuples and do not agree to this License Agreement, you may obtain a refund of the purchase price provided that you a) do not use the Tuples Software, and b) if you have purchased your copy from elsewhere than the www.tuplesapp.com website, forthwith return your purchased copy of Tuples with proof of payment to the location from which it was obtained.
1. LICENSE GRANT
Lost Bytes may, at its sole discretion, grant you a Demo License or a Commercial License. Unless otherwise stated, the Demo License Terms as set out under (A) are applicable to your use of Tuples if you have not purchased or otherwise rightfully obtained a Commercial License. The Demo License Terms are also applicable to your use of Tuples on any computers that are not covered under any Commercial Licenses. The Commercial License Terms as set out under (B) are applicable to your use of Tuples if you have rightfully obtained a Commercial License for Tuples.
A. DEMO LICENSE TERMS
Lost Bytes grants you a non-exclusive, non-transferable license to use Tuples for time-limited evaluation purposes, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend Tuples to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void. Tuples may be used for 30 days from the first time you run Tuples. Upon lapse of such period all of or part of the functionality of Tuples will be disabled automatically. Lost Bytes may, at its sole discretion, decide to prolong the tryout period and will inform you thereof via the website www.tuplesapp.com or by contacting you by email, by phone or in writing. If you wish to use Tuples after the tryout period, you will need to purchase a Commercial License.
B. COMMERCIAL LICENSE TERMS
Lost Bytes grants you a non-exclusive license to use Tuples, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend Tuples to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.
B1. ONLINE ACTIVATION
The Tuples Software requires online activation in order to use it under the Commercial License Terms. If you do not activate your copy of Tuples, all of or part of the functionality of your copy of Tuples will disable automatically 21 days after you first run it. Lost Bytes may at its sole discretion decide to adjust the exact technical conditions under which un-activated Tuples copies cease to work.
You are required to submit personal information during online activation. You need an active, functional internet connection to activate your copy of Tuples. Your licensed use of Tuples is bound to the computer(s) you used to complete activation. You may need to reactivate your copy of Tuples after replacing the logic board or otherwise changing the hardware configuration of your computer. You may need to contact Lost Bytes to complete reactivation.
This License grants you the right to activate and use Tuples on either (a) one computer used by multiple people, or (b) several computers, within reasonable limits, used by one and the same person. Lost Bytes may at its sole discretion define and adjust what said reasonable limits amount to. This License does not allow multiple users to use Tuples on multiple computers.
B2. TRANSFER
The right to transfer the activated copy of the Tuples Software to another computer is personal. To transfer your activated copy of the Tuples Software to another computer you may need to contact Lost Bytes. You may transfer your Tuples license rights only once and permanently to another person or legal entity under the conditions that you transfer Tuples in its entirety, you do not retain a copy of Tuples or any part thereof yourself and the receiving party reads, agrees with and accepts the terms and conditions of this License Agreement. If you activated your license before transferring it you may need to contact Lost Bytes to complete the transfer.
B3. PERSONAL INFORMATION
Lost Bytes may render this License Agreement null and void if it finds that the personal information you submitted during online activation is incorrect, inaccurate or outdated. It is your sole responsibility to keep Lost Bytes informed of any changes in your personal information. You may do so by contacting Lost Bytes through the ‘Contact’ or ‘Support’ sections of the website www.tuplesapp.com or, if available, from within Tuples itself. Lost Bytes may require you to verify any changes to personal information.
Lost Bytes may use your personal information to validate your personal license rights, to prove to the reseller where you purchased your Tuples license that you purchased your Tuples license there and to contact you with information related to Tuples. Lost Bytes may share this information with its licensors. Lost Bytes will not sell or license usage of your personal information to third parties.
2. GENERAL TERMS
These General Terms are applicable on the Demo License and the Commercial License.
COPYRIGHT AND RESTRICTIONS
Copyright and other intellectual, industrial and/or proprietary rights to Tuples and to any whole or partial copies that you make are owned by Lost Bytes or its licensors. Lost Bytes permits you to use Tuples only in accordance with the terms of this License Agreement. All rights not specifically granted by Lost Bytes are reserved by Lost Bytes. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of Tuples except for those uses allowed in this License Agreement. Lost Bytes is willing to provide you the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that Tuples is the subject of copyright and other intellectual, industrial or proprietary rights of Lost Bytes and/or third parties.
MODIFICATION RIGHTS
You are free to replace those libraries and resources included in the Tuples software that are covered explicitly under a license that allows for such modification. Documentation on which libraries and resources in the Tuples software are covered by such a license can be found through the “About” window in the Tuples software, or can be emailed to you upon request. Lost Bytes is not responsible for any malfunctions or incompatibilities that may occur after any adjustments you make to the Tuples software. Machine-readable source code of any used software components that are licensed under the LGPL license and machine-readable documentation needed to relink other components of Tuples to (within a reasonable scope) modified versions of such software components will be provided to you by Lost Bytes upon request, but only after the costs involved with providing such software components have been paid by you to Lost Bytes. Lost Bytes does not warrant or guarantee that you will be able to produce a modified functional version of the Tuples Software and offers no support of any kind pertaining to any attempt to do so. You may not reverse engineer and debug Tuples for any other purpose than to make it work with the replaced libraries and resources that are licensed under the LGPL license. Tuples’ update mechanism may replace the entire contents of the Tuples software. Any changes you have made to the Tuples application package will likely be lost during an update. Lost Bytes is free to deny support if you refuse to use the update mechanism. Lost Bytes is free to change the structure and contents of the Tuples software in any way in an update or new release.
All and any above offers for machine-readable source code and/or documentation will expire three (3) years after the moment of rightful obtainment of Tuples by the intial licensee of this agreement, or three (3) years after Lost Bytes ceases to offer Tuples for download and/or sale from the www.tuplesapp.com website, whichever is earlier, with the following exception.
You may not use the Tuples name or logo or the Lost Bytes name or logo to advertise any changes you make to Tuples. You may not redistribute Tuples or any part thereof except for those parts explicitly covered under a license that allows for such redistribution. Lost Bytes will take best effort to provide you with more information concerning the used versions of the above mentioned libraries and resources in a timely manner when you request such information through the ‘Contact’, ‘Support’ or similar sections of the website www.tuplesapp.com.
LIMITATION OF LICENSE VALIDITY
Any license to use Tuples granted to you under this License Agreement is limited to the release of Tuples which you rightfully obtained on the basis of this License Agreement. Lost Bytes may offer free updates to Tuples. Lost Bytes does not guarantee that any other releases of Tuples will be made available to you free of charge or that your rights under this License Agreement will automatically be applicable to any future releases of Tuples.
ADDITIONAL SERVICES
Fees may apply for additional services and products offered by Lost Bytes and others, including, but not limited to, services that integrate with Tuples or extend the functionality of Tuples.
ADDITIONAL ACTIVATIONS
The Commercial License does not allow Tuples to be activated and used on more computers than the number of computers you have obtained said License(s) for. Lost Bytes may, at its sole discretion, for your convenience decide to allow you to activate Tuples on additional computers within reasonable limits. Notwithstanding such a decision you are only licensed to use Tuples simultaneously on the amount of computers you have obtained said License(s) for.
Lost Bytes may, at its sole discretion, decide to suspend further activations performed under said License(s), and/or render said License(s) null and void, if it considers the amount of activations performed under said License(s) to be excessive. You and/or the person performing activation will be informed of such a decision either a) in writing, b) by email, c) by telephone and/or d) from within the Tuples Software.
WARRANTIES
Lost Bytes is providing you Tuples on an “as-is” basis without warranty of any kind. Lost Bytes does not and cannot warrant the performance or results you may obtain by use of Tuples. Lost Bytes does not and cannot warrant that Tuples operates error-free.
In the event your original copy of Tuples appears to be damaged on receipt thereof you have the right to return the damaged copy, which will then be replaced by Lost Bytes or its distributors free of charge in case the damaged copy is received by Lost Bytes or the distributor where you purchased Tuples within eight (8) days from the receipt by you of the original copy. Any damaged copies received by Lost Bytes or its distributor after said period will be replaced only against payment by you of all costs incurred by performing the replacement. The above only applies if you rightfully obtained an original copy of Tuples on physical media. Lost Bytes does not warrant that Tuples operates on the type of computer owned by you and you shall be solely responsible for obtaining a computer compatible with Tuples.
The above warranty does not apply if the Tuples Software a) has been altered, except by Lost Bytes, b) has not been installed, operated, repaired or maintained in accordance with the instructions supplied by Lost Bytes, c) has been subjected to abnormal physical or electrical stress, misuse, negligence or accident.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Lost Bytes is not liable to you or to any third party for any damages, either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to damages rising from inability to use Tuples or access data, loss of data, loss of business, loss of profits, business interruptions or the like) arising out of the use or inability to use Tuples even if Lost Bytes has been advised of the possibility of such damages. In no event shall Lost Bytes’ total liability to you exceed the amount of 39 Euros (EUR 39.-) or the amount for which you purchased a Tuples Commercial License if less than EUR 39. If you purchased your license in another currency, a fair estimation of the purchase price will be made by Lost Bytes or its subsidiaries. Notwithstanding the above, or anything else contained in this License Agreement, neither party’s liability for death or personal injury resulting from its own negligence shall be limited. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
LIMITATION OF SUPPORT
Lost Bytes will make an effort to provide you with email support pertaining to your use of Tuples. Said support will be limited to topics within the domain of basic usage of Tuples. Lost Bytes is not required to offer you general advice on technologies underlying or related to Tuples. Lost Bytes reserves the right to cease offering support of any kind pertaining to the usage of older releases of Tuples whenever a new release, whether for free or for pay, of Tuples becomes available.
TECHNICAL AND RELATED INFORMATION
Lost Bytes and its subsidiaries may collect and use technical and related information, including but not limited to technical information concerning your computer, system and application software. Lost Bytes and its subsidiaries are free to use this information in any form that does not personally identify you or your computer. Any collection of technical and related information by Lost Bytes and its subsidiaries shall be limited in such a manner that Lost Bytes and its subsidiaries will not be capable to reconstruct the contents of database engines you use with Tuples or any other personal files and folders that are accessible to Tuples when you use Tuples.
LICENSE CODE
Lost Bytes may issue a License Code or License Key to you, which you may need to activate Tuples under the terms of the Commercial License. Lost Bytes and its subsidiaries and distributors may link said License Code or License Key to you personally. Any given License Code or License Key is considered for your usage only and may not be distributed, published or otherwise communicated to third parties by you, unless permission to do so is granted to you in writing by Lost Bytes.
THIRD PARTY SOFTWARE LICENSES
Tuples may make use of third party software components. Notwithstanding the foregoing, use of some third party materials included in the Tuples Software may be subject to other terms and conditions. The official copyright notices and specific license conditions of such third party software components are to be found via the About box of Tuples or can be emailed to you upon request. You hereby agree to the terms and conditions for any and all such third party software components.
TERM AND TERMINATION
This License Agreement is effective until terminated. Without prejudice to any other rights, Lost Bytes may immediately terminate this License Agreement if you fail to comply with any of the terms and conditions set out in this License Agreement. In such event you must cease all use of Tuples and destroy all copies of Tuples that are in your possession. Inaction of Lost Bytes to terminate this License Agreement after you fail to comply with any of the terms and conditions set out in this License Agreement does not imply a waiver of any kind of the rights reserved by Lost Bytes under this and other provisions.
MISCELLANEOUS
Your delivery and payment conditions or any other general or special conditions shall not apply. This License Agreement is the entire agreement between you and Lost Bytes relating to Tuples and supersedes all prior oral or written communications and representation with respect to Tuples or any other subject matter covered by this License Agreement. If any of the provisions of this license Agreement is held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.
EXPORT CONTROLS
You agree not to export, re-export or use Tuples except as explicitly authorized by British law and the laws of the jurisdiction in which you obtained your Tuples license. If you purchased or use Tuples in the United States, you may not export or re-export Tuples to any U.S. embargoed country or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Tuples, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use Tuples for any purposes prohibited by United States law, including without limitation, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons.
U.S. GOVERNMENT END USERS
Tuples is defined as “Commercial Items”, as defined by 48 C.F.R. §2.101 and consists of “Commercial Computer Software” and “Commercial Computer Software Documentation” as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Tuples is being licensed to U.S. Government end users only as Commercial Items, consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202–1 through 227.7202–4 as applicable, and with only the same rights granted to all other end users in the terms and conditions of this License Agreement. All unpublished rights are reserved under the Copyright laws of the United States, the United Kingdom and International agreements.
APPLICABLE LAW
This License Agreement is governed by British law or at Lost Bytes’ sole discretion the law of any court which may have jurisdiction. This License shall not be governed by the UN Convention on contracts for the international sale of goods. You agree that Lost Bytes, at its sole discretion, may elect to bring legal action regarding any dispute arising from or in connection with this License Agreement before the courts of Amsterdam, the Netherlands or in any court in any country which may have jurisdiction and you herewith irrevocably and unconditionally submit to the exclusive jurisdiction of the courts chosen by Lost Bytes.
Should you have any questions concerning this License Agreement, please contact Lost Bytes through the appropriate sections of the website www.tuplesapp.com.