The “Files” refers to the computer software containing scripts or project files that were provided to you by or on behalf of Philip von Borries, any and all supplementary materials provided along with and/or embedded in such software, and any future versions or upgrades thereof.
Conditioned upon Philip von Borries’s receipt of full payment of all license fees, Philip von Borries grants to you the limited, non-exclusive, non-transferrable right to use the Files in accordance with the terms of this Agreement. You acknowledge and agree that the Files are protected under various copyright, trademark, and other laws in various territories.
If you are unsure of whether your use of the Files is permitted under this Agreement, or if the scope of your needs changes, please contact us.
You shall not distribute (share, rent, lend, gift, sell, etc.) the Files to any third party. You agree to take all reasonable measures to ensure no third party is able to access the Files.
You are not permitted to transfer this Agreement or any of your rights hereunder to any third party without the prior written permission of Philip von Borries.
The Files shall not be used for political messaging or by political parties, political organisations, or lobbying organisations, without the prior written consent of Philip von Borries.
This Agreement is effective forever, except that if you breach any of its terms, Philip von Borries reserves the right to charge you the cost of a license covering your actual usage of the Files, on a per-infringement basis and without discounts, and/or to terminate the Agreement.
Philip von Borries makes no warranties, express or implied, as to merchantability, fitness for a particular purpose, or otherwise. The Files are not intended and were not designed for use in any circumstances where fail-safe operation is required. The Files shall not be used in any circumstances where a defect or fault in the Files could lead to personal injury, death, property damage, or severe physical or environmental damage. Without limiting the foregoing, Philip von Borries shall in no event be liable to you or any other third party for any direct, indirect, consequential, or incidental damages, including damages from loss of business profits, business interruption or loss of business information, arising out of the use or inability to use the product even if notified in advance. Under no circumstances shall Philip von Borries’s liability exceed the cost of the license you purchased. You agree to indemnify and hold Philip von Borries harmless from and against any claims or damage which may result from your misuse of the Files or breach of this Agreement.
This Agreement is subject to and governed by the laws of Denmark. This Agreement constitutes the entire agreement between Philip von Borries and you and supersedes any prior discussions or negotiations, whether verbal or in writing. No amendment, modification, or waiver will be valid or enforceable unless materialised in an agreement signed by both parties. By downloading or installing the Files, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If any part of this Agreement is found void or unenforceable, it will not affect the validity of the rest of the Agreement, which shall remain valid and enforceable according to its terms. Philip von Borries’s failure or election not to enforce a provision of this Agreement is not a waiver of its right to do so later. The numberings and section titles within this Agreement are for convenience and shall not affect or alter the meaning or construction of any terms or provisions of the Agreement.