End-User License Agreement of MagicTools
This End-User License Agreement (“EULA”) is a legal agreement between you, including any company or other legal entity you represent, if applicable (“You” or “Your”) and Believable Magic LLC, a limited liability corporation registered in Texas, USA.
This EULA agreement governs Your acquisition and use of MagicTools software (“Software”) directly from Believable Magic LLC or indirectly through a Believable Magic LLC authorized reseller or distributor (a “Reseller”).
Please read this EULA agreement carefully before completing the installation process and using the Software. It provides a license to use the Software and contains warranty information and liability disclaimers.
If You register for a free trial of the Software, this EULA agreement will also govern that trial.
By obtaining a unique code provided by Believable Magic LLC which enables you to use the Software (a “License Key”), or by installing and/or using the Software, You are confirming Your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If You are entering into this EULA agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these terms and conditions. If You do not have such authority or if You do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and You must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Believable Magic LLC herewith regardless of whether other software is referred to or described herein. The terms of this EULA also apply to any Believable Magic LLC updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery in which case those terms apply.
Believable Magic LLC hereby grants You a non-transferable, non-exclusive license to use the Software on any device in accordance with the terms of this EULA agreement.
You are permitted to load the Software on any devices under Your control or the control of the company or legal entity You represent, if applicable. You are responsible for ensuring any such device meets the minimum requirements of the Software.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell, or otherwise use the Software for any commercial purpose
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national or international law
- Use the Software for any purpose that Believable Magic LLC considers is a breach of this EULA agreement
Intellectual Property and Ownership
Believable Magic LLC shall at all times retain ownership of the Software as originally downloaded by You and all subsequent downloads of the Software by You. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Believable Magic LLC.
Believable Magic LLC reserves the right to grant licenses to use the Software to third parties.
You use the Software at Your own risk and the entire risk as to satisfactory quality, performance, and accuracy is with You.
The Software and accompanying documentation are provided on an “as is” and “as available” basis without warranty – express or implied – of any kind, and Believable Magic LLC specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Believable Magic LLC, its dealers, distributors, agents, or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.
The liability of Believable Magic LLC and any third party that has been involved in the creation, production, or delivery of the Software for all damages arising out of or in any way relating to any version, the License Key, the Software and/or this EULA shall in no event exceed the total amount paid by You or the organization you represent for access to and use of the Software.
Believable Magic LLC and any third party that has been involved in the creation, production, or delivery of the Software are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Software).
The limitations of liability referred to in this section shall not apply in the event that: (i) any negligence on the part of Believable Magic LLC leads to death or physical injury or (ii) damages arise from the intent, willful misconduct, or gross negligence of Believable Magic LLC or the management of Believable Magic LLC.
This EULA agreement is effective from the date You first purchase a License Key or use the Software, whichever occurs first, and shall continue until terminated. You may terminate it at any time upon written notice to Believable Magic LLC.
It will terminate automatically at the end of the applicable license term described at the time of the purchase of the License Key unless renewed prior to the end of the applicable license term.
It will also terminate immediately if You fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and You agree to stop all access and use of the Software.
The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Believable Magic LLC is entitled to terminate the agreement by blocking the License Key during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your (subscription) fee for the License Key within the applicable payment term, or in the event Believable Magic LLC is required to do so by law or an order of an applicable court.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Texas, USA.