EULA

Ten Thumbs Typing Tutor End-User License Agreement

Last updated: 6th March 2020

IMPORTANT – READ CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE TEN THUMBS TYPING TUTOR SOFTWARE (THE “SOFTWARE”) FROM www.tenthumbstypingtutor.com (THE “SITE”).

This End-User License Agreement (“EULA”) is a binding legal agreement between you and LiveCode Ltd., of Edinburgh, Scotland (the “Company”) for the Software being distributed with this EULA. As used in this EULA, the term “Software” shall include any patches, updates, modified versions, service packs and upgrades which may be provided by the Company from time to time.

BY INSTALLING, COPYING OR USING THE SOFTWARE OR ANY PORTION(S) THEREOF, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND UNDERSTOOD THE TERMS OF THIS EULA AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS EULA.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL, COPY OR USE THE SOFTWARE ON ANY DEVICE.

FURTHERMORE, BY ACCEPTING THE TERMS OF THIS EULA, YOU HEREBY (1) WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND (2) YOU HEREBY ACKNOWLEDGE THAT YOU ARE FAMILIAR WITH AND AGREE TO THE TERMS OF THE COMPANY’S PRIVACY POLICY AVAILABLE AT https://www.tenthumbstypingtutor.com/faq/privacy-policy/.

IF YOU ARE NOT THE END USER AND ARE INSTALLING THIS SOFTWARE ON ANY DEVICE ON BEHALF OF THE END USER, YOU WARRANT AND REPRESENT THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF THE END USER AND TO ACCEPT AND BIND THE END USER TO THE TERMS OF THIS EULA, AND YOU FURTHER AGREE THAT YOU (AND YOUR COMPANY, IF APPLICABLE) SHALL BE LEGALLY OBLIGATED TO FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS, AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SOFTWARE, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND EXPENSE (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR RELATED TO THE COMPANY’S PROVISION OF THE SOFTWARE AND RELATED SERVICES.

GRANT OF LICENSE

Single User Edition

Subject to your full compliance at all times with the terms and conditions set forth in this EULA, the Company hereby grants you a limited, personal, non-exclusive, non-transferable license to:

  1. a) EITHER download, install and use a copy of the Software on any computers or devices owned or used by You, personally. You may not share your license or licensed copy with any other person.
    b) OR install and use one copy of the Software on only one computer, which may then be shared by more than one person.
  2. copy the Software on one Device for backup and archival purposes only; and
  3. use the documentation that accompanies the Software or is available on-line for personal, non-commercial (unless otherwise agreed by the Company) reference purposes only.

Multi User Edition

Subject to your full compliance at all times with the terms and conditions set forth in this EULA, the Company hereby grants you a limited, personal, non-exclusive, non-transferable license to:

  1. Download, install to individual computers and devices and use as many copies of the software as you have purchased a license for OR
  2. Install on a server and use for as many end users an you have purchased a license for
  3. Copy the software on one Device for backup and archival purposes only; and
  4. use the documentation that accompanies the Software or is available on-line for personal, non-commercial (unless otherwise agreed by the Company) reference purposes only.

LICENSE EXCLUSIONS AND RESTRICTIONS

The following exclusions and restrictions shall apply at all times to your use of the Software and/or the Services:

  1. You may not grant access to your account to any other person or entity;
  2. You may not make any use of the Software in whole or in part that is not expressly permitted by the terms of this EULA;
  3. You may not sell, assign, rent, lease, sublicense, distribute, market, commercialize, disclose, export, import, act as an intermediary or provider, or otherwise grant any rights to any third party with respect to, the Software or any part thereof;
  4. You may not undertake, cause, permit or authorize any modification of the Software or the creation of derivative works;
  5. You may not translate, reverse engineer, decompile, disassemble or hack the Software or any part thereof;
  6. You may not create, distribute or disseminate any obscene or scandalous work, as defined by any applicable law at the time the work is created, using the Software

The Software is designed to work with current standard software and operating systems. In the event you install or update any software or operating systems there is no assurance that the Software or Services you purchased will work as intended (or at all) with such software or operating systems. In such case the Company may provide you with an option to purchase an updated version of the Software. In any event you will not have any claims or demands against the Company in connection with the Software you purchased not working as intended (or at all) with such software or operating systems.

PROPRIETARY RIGHTS

The Software and the Services are protected by copyright and other intellectual property laws and international treaties. The Software and the Services are licensed and not sold, and you will acquire no ownership rights of any kind or nature whatsoever in the Software.

The Company (or its third party providers, if any) reserves all rights, including proprietary rights, not expressly and specifically granted to you in this EULA. Without limiting the foregoing, the Company (or its third party providers, if any) retains all title, right, and interest in and to the Software, the Services, and all documentation, translations, enhancements, improvements or other modifications made to or derived from the Software, including all patches, revisions, service packs and other updates. The proprietary rights reserved hereby include, without limitation, all patents, patent applications, copyrights, trademarks, service marks, know-how, source codes and any and all other applicable intellectual property rights and interests in and to the Software, the Services and all documentation, translations, enhancements, improvements or other modifications made to or derived therefrom.

INDEMNIFICATION

The Company will not be liable for any unauthorized or fraudulent use of Your User ID or password. You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Software, from any and all claims, losses, damages and expenses (including attorneys’ fees) relating to your use of the Software, including unauthorized or fraudulent use of your User ID or password.

DISCLAIMER OF WARRANTIES

THE SOFTWARE AND/OR THE SERVICES MAY CONTAIN ERRORS, BUGS AND OTHER PROBLEMS WHICH COULD CAUSE SYSTEM CRASH OR FAILURE. THE COMPANY RESERVES THE RIGHT TO ALTER THE SOFTWARE AT ANY TIME, AND ANY RELIANCE ON THE SOFTWARE OR THEIR QUALITY OR PERFORMANCE IS AT THE SOLE RISK OF THE USER. TO THE FULLEST EXTENT PROVIDED BY LAW, THE SOFTWARE IS PROVIDED “AS IS AND WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED FULLY AND EXCLUSIVELY BY YOU. THE COMPANY AND ITS THIRD PARTY LICENSORS, IF ANY, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, RELIABILITY OR AVAILABILITY, OF RESULTS, OF WORKMANLIKE EFFORT, OF FREEDOM FROM VIRUSES, INFECTIONS AND MALWARE, AND OF TITLE AND NON-INFRINGEMENT, ALL WITH RESPECT TO THE SOFTWARE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY OR ANY OF ITS THIRD PARTY PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE OR RESPONSIBLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, DAMAGE OR EXPENSE OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR LOST PROFITS, ATTORNEYS’ FEES, LOST SAVINGS, LOST REVENUE OR BUSINESS, FOR ANY INTERRUPTION OF SERVICE OR MALFUNCTION, ERROR OR LOSS OF USE OF THE SERVICES OR ANY CLAIM BY THE END USER OR ANY OTHER PARTY, HOWEVER CAUSED, BASED ON ANY THEORY OF LIABILITY, WHETHER IN TORT OR CONTRACT, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT FOR THE SOFTWARE, THE PERFORMANCE OF THE SOFTWARE OR ANY COMPONENTS THEREOF, HOWEVER CAUSED, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR CLAIM. BY USING THE COMPANY WEBSITE, YOU EXPRESSLY ASSUME ALL RISK THAT THE INFORMATION AND MATERIALS ON THE SITE MAY BE INCOMPLETE, INACCURATE, OUT-OF DATE, OR MAY NOT MEET YOUR NEEDS OR REQUIREMENTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY UNDER THE TERMS OF THIS EULA AND APPLICABLE LAW EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR THE SOFTWARE AND/OR THE SERVICES. THE EXISTENCE OF MORE THAN ONE CLAIM OR SUIT WILL NOT ENLARGE OR EXTEND THESE LIMITATIONS AND THE REMEDIES SET FORTH HEREIN AND THE SAME SHALL CONSTITUTE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY CLAIM FOR DAMAGES ARISING IN ANY WAY OUT OF THIS EULA. IF YOU ARE SUBJECT TO A JURISDICTION IN WHICH ANY OF THE DISCLAIMERS OR LIMITATIONS OF LIABILITY HEREIN IS NOT VALID, YOU AGREE TO BE BOUND BY THE SAME TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW OR REGULATIONS.

YOUR SOLE AND EXCLUSIVE RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE OR THE SERVICES IS TO TERMINATE THIS EULA UNDER THE PROVISIONS OF THE SECTION ENTITLED “TERMINATION” BELOW.

TERM AND TERMINATION

This license and use of the Software pursuant to this EULA shall be effective until expiration or earlier termination of this EULA. Without prejudice to any other rights the Company may have, including available legal remedies, this EULA will terminate immediately and automatically if you fail at any time to comply with the terms and conditions set forth herein. You may terminate this EULA at any time by removing the Software from your system and destroying all copies of the Software, including backups, on your hard drive(s) and other storage media. Upon termination of this EULA for any reason, the license granted herein will automatically terminate and you (i) will cease to have and enjoy any and all rights to use the Software or the Services, and (ii) will remove the Software from all hard drives and other storage media and destroy all copies of the Software in your possession or under your control. The provisions in the Sections of this EULA entitled “PROPRIETARY RIGHTS”, “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES”, “LIMITATION OF LIABILITY” AND “GENERAL PROVISIONS” will survive any termination of this EULA.

IMPORT AND EXPORT RESTRICTIONS

You acknowledge that the Software may be subject to applicable domestic and international import and export restrictions, including restrictions imposed by the U.S. Export Administration Regulations as well as end-user, end-use and destination restrictions issued by the domestic government and the governments of other nations. You agree to comply with all applicable national and international laws that apply to the transport of the Software across national borders or to its use in any such jurisdiction.

GENERAL PROVISIONS

The Company reserves the right to modify the terms of this EULA at any time and from time to time by providing such revised terms to you or by publishing the revised terms on the Company Website. The terms of any such revised EULA shall become effective within seven (7) days of such publishing or provision to you, unless you sooner expressly accept such revised EULA by clicking on the accept button. The express acceptance by you, or your continued use of the Software or the Services after expiration of the seven (7) days’ notice period shall constitute your acceptance to be bound by the terms and conditions of the revised EULA. You can find the latest version of the EULA at the Company Website.

The waiver of a breach of any term or condition of this EULA by the Company shall in no way be construed as a waiver of any other term or breach hereof or as a waiver of any future breach of the same term.

This EULA constitutes the entire agreement between you and Company relating to the Software and the Services and supersedes any and all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software, the Services or any other subject matter covered by this EULA.

If any provision of these Terms shall be held by a court or tribunal of competent jurisdiction to be contrary to law, the remaining provisions of this EULA shall remain in full force and effect.

GOVERNING LAW

a) This License shall be governed by the laws of Scotland, UK. and in the event of any dispute the parties agree to submit to the non-exclusive jurisdiction of the Scottish courts. LiveCode Ltd may at its sole and exclusive discretion, bring action in any competent jurisdiction worldwide.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL OR USE THE SOFTWARE, YOU EXPRESSLY AND IRREVOCABLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS EULA.

Should you have any questions concerning this EULA contact LiveCode Ltd, 66 Albion Road, Edinburgh, Scotland, UK EH7 5QZ.

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