End User License Agreement for Hedge software

  1. The Sync Factory B.V., owner of the brand Hedge and as such referred to hereafter as 'Hedge', a private company with limited liability, established in Amsterdam, the Netherlands hereby grants to the rightful acquirer of a license for a software product of Hedge ('software') license ('you') a right to use this software.
  2. This license is limited, non exclusive and non transferable. The software may be installed on an unlimited number of computers, but only an authorized user (or the authorized number of users) may actually use the software.
  3. You may make a backup copy of the software. This backup copy may not be used or traded or distributed in any way, except in conjunction with the original software.
  4. It is expressly forbidden to:
    1. Reverse engineer the source code of the software or to decompile the software, except to the extent permitted by mandatory law or an applicable open source license;
    2. Provide copies of the software to third parties;
    3. Sublicense the software or otherwise make available the software to third parties, including by rental, Software-as-a-Service models or otherwise;
    4. Modify the software, except to the extent permitted by mandatory law;
    5. Remove indications of Hedge as copyright holder of the software or to remove or render illegible any part of the software.

Intellectual property

  1. All right, title and interest to the software, the accompanying documentation and all modifications and extensions thereto rest and remain with Hedge. You only have the rights and permissions explicitly granted to you by this agreement or granted in writing otherwise. You may not use, copy, distribute or publish the software in any other manner.
  2. The software comprises third-party open source software. The respective third-party rights holders grant you the rights indicated in the applicable open source licenses. These licenses can be found in the application, under Acknowledgements in the About menu. This end user license agreement does not apply to this open source software, and nothing in this agreement shall be construed as a limitation of any right granted to you under an open source license.

Consideration

  1. You are solely responsible for installation and usage of the software. The website will provide recommended requirements for the hardware and software environment.
  2. The usage right for the software is subject to payment of a one-time and/or recurring license fee, due before the first use of the software. You will be separately informed about the manner of payment by Hedge.
  3. Use of certain features of the software may require activation. The software will inform you about the procedure of activation.
  4. You must register to obtain and use this software. During registration and activation Hedge processes certain parts of your personal data, in addition to data acquired by third parties that take care of payments and deployment of the software. This data is used for the execution of the license agreement, and can be used for related purposes such as notifications of available updates, after explicit consent by you.
  5. Personal data will be deleted when it is no longer necessary for execution of this agreement, unless applicable law demands that the data is retained for a longer period. By accepting this EULA you give explicit content for the collection of anonymous statistics on software usage. The software cannot work without it. Consult our GDPR data policy to see what is collected, how, and why.

Updates

  1. Hedge from time to time releases updates that address bugs or improve the functioning of the software.
  2. The software periodically checks for available updates and can prompt to download and install these updates. No liability is accepted for any damage caused by bugs addressed in an update.
  3. Hedge tests its software with the latest macOS and Windows updates. Support for older systems may be halted at any time. Operating system requirements are published on our website.
  4. An update may provide terms additional to the terms of this agreement. You will be informed of this and have an opportunity to refuse that update. If you choose not to accept the update this agreement will continue to be in effect.

Support

Hedge shall provide you with a reasonable level of support through its website and/or e-mail (or other communication channels announced to you). Hedge however does not guarantee that all requests for support or bug reports are taken into consideration.

Guarantees and liability

  1. The software is supplied ‘as is’ and without warranty or representation regarding accuracy, conformity or the nonexistence of bugs. You use the software at your own risk.
  2. Hedge aims for a high quality of the software and will never deliberately include viruses, spyware, backdoors or malicious code.
  3. Except in cases of intentional misconduct or gross negligence Hedge is not liable towards you, regardless of ground, for any damages in connection with the software. In case Hedge is liable towards you, liability is limited to an amount equal to the fee paid by you for your use of Hedge.
  4. No liability exists in case damages were not reported within 3 days after discovery to Hedge by sending an e-mail to legal@syncfactory.nl. In addition no liability exists if the cause of damage is beyond the control of Hedge. You indemnify and hold harmless Hedge against all claims by third parties in connection with your use of the software.

Term of the agreement

  1. This agreement enters into force when you start use of the software and remains in force until terminated.
  2. The agreement may be terminated by both you and Hedge at any time by providing one month's notice. If Hedge terminates the agreement before twelve months have passed since the agreement entered into force, you are entitled to a refund of the fee paid by you under this agreement.
  3. This agreement may be terminated immediately in case you violate the terms of this agreement or when you pass away.
  4. After termination of the agreement (regardless of reason) you must cease all use of the software. In addition you must remove all copies (including backup copies) of the software from all computer systems under your control. If applicable, your license key(s) will be revoked by Hedge.

Miscellaneous terms

  1. Dutch law applies to this end-user license agreement.
  2. Unless dictated otherwise by mandatory law, all disputes arising in connection with this agreement shall be brought before the competent Dutch court for the principal place of business of Hedge.
  3. A finding that any particular provision of this agreement is legally void shall not affect the validity of the entire agreement. In such a case the parties shall determine a replacement provision that is legally valid and approximates the intent of the offending provision as much as possible.
  4. Hedge may assign its rights and obligations under this agreement to a third party that acquires the relevant business or the copyrights to Hedge from her.

Contact details

In case you have any questions regarding this End User License Agreement, feel free to contact us:

The Sync Factory B.V.
Asterweg 20-L2
1031HN Amsterdam

E-mail: legal@syncfactory.nl
Web: www.hedge.video

Dutch Chamber of Commerce: #64730999
VAT ID: NL855805171B01

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