End-User License Agreement (EULA) of Stitch Creator

 

This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and the developer of Stitch Creator (the "Developer") for the Stitch Creator software product (the "Software").

By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software.

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1. Grant of License. The Developer grants you a non-exclusive, non-transferable, revocable, and limited license to download, install, and use the Software on a single device for your personal, non-commercial use, subject to the terms and conditions of this EULA.

 

2. Restrictions. You may not: (a) copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the Software or any part thereof; (b) rent, lease, lend, sublicense, distribute, or otherwise transfer the Software or any part thereof to any third party; (c) remove, alter, or obscure any proprietary notices, labels, or marks on the Software or any part thereof; (d) use the Software for any unlawful, fraudulent, or malicious purpose, or in any manner that violates any applicable law, regulation, or policy; (e) use the Software to infringe or violate the rights of any third party, including but not limited to intellectual property, privacy, or publicity rights; (f) use the Software to transmit or store any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable; (g) use the Software to harm, interfere with, or disrupt the operation of any network, system, device, or service; or (h) use the Software in any manner that exceeds the scope of the license granted herein.

 

3. Reservation of Rights. The Developer reserves all rights not expressly granted to you in this EULA. The Software is protected by intellectual property laws and treaties. The Developer owns and retains all title, interest, and ownership rights in and to the Software, including but not limited to all patents, trademarks, trade names, trade secrets, copyrights, and other intellectual property rights therein. Nothing in this EULA shall be construed as a sale, transfer, or assignment of any such rights to you.

 

4. Subscription and In-App Purchases. The Software allows you to use the results of the app for free for demo purposes only. To use the results without limitation, you must buy a subscription inside the app (an "In-App Purchase"). The In-App Purchase is subject to the payment terms and conditions of the app store provider from which you downloaded the Software (the "App Store Provider"). You agree to comply with such terms and conditions and acknowledge that the App Store Provider is responsible for the billing and collection of the In-App Purchase. The Developer is not liable for any issues or disputes arising from the In-App Purchase, including but not limited to delivery, quality, performance, or refunds. The Developer may change the price, features, or availability of the In-App Purchase at any time without prior notice. The In-App Purchase is non-refundable and non-transferable, except as required by law.

 

5. Updates and Maintenance. The Developer may provide updates, upgrades, patches, bug fixes, or other modifications to the Software (collectively, "Updates") to improve the Software's functionality, performance, security, or compatibility. The Updates may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the Software. You acknowledge that you may not be able to use the Software or certain features of the Software if you do not install the Updates. The Developer is not obligated to provide any Updates or to continue to support or maintain the Software.

 

6. Termination. This EULA is effective until terminated by you or the Developer. You may terminate this EULA at any time by uninstalling and deleting the Software from your device. The Developer may terminate this EULA at any time, with or without cause, by notifying you of such termination and/or preventing your access to the Software. Upon termination of this EULA, you must cease all use of the Software and delete all copies of the Software from your device. The provisions of Sections 2, 3, 5, 6, 7, 8, 9, and 10 shall survive the termination of this EULA.

 

7. Disclaimer of Warranties. THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE DEVELOPER DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE SOFTWARE WILL BE ACCURATE, RELIABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE OR ANY OTHER SOFTWARE, HARDWARE, OR SERVICE. YOU USE THE SOFTWARE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, DATA, OR SYSTEM THAT RESULTS FROM SUCH USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE DEVELOPER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE DEVELOPER'S TOTAL LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE SOFTWARE SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR THE IN-APP PURCHASE, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

9. Indemnification. You agree to indemnify, defend, and hold harmless the Developer, its affiliates, licensors, partners, and suppliers, and their respective officers, directors, employees, agents, and representatives, from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees) arising out of or relating to: (a) your use of or inability to use the Software; (b) your violation of this EULA or any applicable law, regulation, or policy; (c) your infringement or violation of any rights of any third party, including but not limited to intellectual property, privacy, or publicity rights; or (d) any dispute or issue between you and any third party, including but not limited to the App Store Provider. The Developer reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Developer's defense of such claims.

 

10. General. This EULA constitutes the entire agreement between you and the Developer regarding the Software and supersedes any prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to the Software. This EULA is governed by the laws of the Netherlands, without regard to its conflict of laws principles. Any dispute arising out of or relating to this EULA or the Software shall be submitted to the exclusive jurisdiction and venue of the competent courts. The Developer's failure to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. If any provision of this EULA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this EULA remain in full force and effect. You may not assign or transfer this EULA or any rights or obligations hereunder, by operation of law or otherwise, without the prior written consent of the Developer. The Developer may assign or transfer this EULA or any rights or obligations hereunder, at its sole discretion, without restriction. Subject to the foregoing, this EULA shall bind and inure to the benefit of the parties, their successors, and permitted assigns.