Legal
End User License Agreement
For Table Branding Manager
This End User License Agreement ("Agreement") is between you and KeyScript, a sole proprietorship (eenmanszaak) registered with the Dutch Chamber of Commerce (KvK) under number 96003413, VAT number NL005189581B23, registered address Groenoord 3, 2401 AA Alphen aan den Rijn, the Netherlands ("KeyScript"). Questions about this Agreement can be sent to info@keyscript.nl.
1. License scope
1.1. KeyScript hereby grants to the rightful acquirer of Table Branding Manager ("you") a right to use this software, in either the Full edition or the Import-only edition, on the terms set out below.
1.2. Full edition: the right to use is granted to a single named individual user. The software may be used on up to two computers that user personally uses, provided it is not used simultaneously by more than one person under the same license and is not shared with, or made available to, any other individual.
1.3. Import-only edition: the right to use is granted to your organization. The software may be installed on computers within your organization up to the number of seats purchased (plus a reasonable buffer determined by KeyScript to accommodate device replacement). A computer not used for an extended period may be automatically released, freeing that seat for another computer.
1.4. It is expressly forbidden to:
- reverse engineer the source code of the software or to decompile the software, except to the extent permitted by mandatory law or applicable open source license;
- provide copies of the software to third parties;
- sublicense the software or otherwise make the software available to third parties, including by rental, Software-as-a-Service models or otherwise;
- modify the software, except to the extent permitted by mandatory law;
- remove indications of KeyScript as copyright holder of the software or to remove or render illegible any part thereof.
1.5. 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.
2. Intellectual property
2.1. All rights, title and interest to the software, the accompanying documentation and all modifications and extensions thereto rest and remain with KeyScript. 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.
2.2. 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 documentation. 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.
3. Consideration
3.1. Payments are processed by Paddle.com Market Ltd (or its applicable regional affiliate), which acts as the seller of record (Merchant of Record) for your purchase and handles payment processing and applicable sales tax/VAT. Paddle's own terms of sale and refund procedures apply to the purchase transaction itself. This Agreement governs only your right to use the software and does not apply to the purchase transaction, which is governed by Paddle's terms.
3.2. The usage right is subject to payment of a one-time license fee, due when the software is first used.
3.3. Use of the software requires activation. Activation takes place during installation. To complete activation the software performs an activation protocol via the internet with Keygen.sh, a third-party license management provider engaged by KeyScript.
4. Updates
4.1. KeyScript from time to time releases updates that address bugs or improve the functioning of the software.
4.2. Your right to receive updates is included for twelve (12) months from your initial purchase. Continued access to updates after this period requires an active annual renewal, at the pricing published on keyscript.nl at the time of renewal. Your eligibility for updates is verified automatically as part of the license verification described in this agreement; no separate action on your part is required for this verification itself.
4.3. Full edition: the software will alert you to any available updates. This requires an active internet connection. Installation of updates is performed only with your separate consent. No liability is accepted for any damage caused by bugs addressed in an update not installed by you.
4.4. Import-only edition: updates are made available to the administrator or IT contact designated by your organization, who is responsible for evaluating and deploying updates within your organization. Individual end users are not prompted to install updates directly through the software.
4.5. An update may provide terms additional to the terms of this agreement. You will be informed in advance if this is the case and you will have an opportunity to refuse that update. By installing such an update you accept the additional terms, which then become part of this agreement.
5. Support
5.1. You are solely responsible for installation and usage of the software. The documentation will provide recommended requirements for the hardware and software environment.
5.2. KeyScript shall provide you with a reasonable level of support through its website and/or email (or other communication channels announced to you). KeyScript however does not guarantee that all requests for support or bug reports are taken into consideration.
6. Guarantees and liability
6.1. KeyScript guarantees:
- that Table Branding Manager contains no viruses, backdoors or malicious routines;
- that Table Branding Manager violates no third-party rights (such as copyrights), excluding any violations arising out of a particular use of the software;
- it will use its best efforts to investigate any reported bugs as soon as is practical and to repair such bug or create a workaround (but may delay repairing bugs with limited impact until the next planned update);
- but nothing else.
6.2. Any liability of KeyScript for damages in connection with Table Branding Manager or the violation of a warranty granted above is limited to an amount equal to the one-time fee paid by you.
6.3. No liability exists in case damages were not reported timely after discovery to KeyScript. In addition no liability exists if the cause of damage is beyond the control of KeyScript.
6.4. KeyScript is not liable for damage to, or loss of, files you create or edit using the software, including as a result of disabling the software's backup feature. You are responsible for maintaining your own backups of your work.
7. Term of the agreement
7.1. This agreement enters into force when you start making use of the software and remains in force until terminated.
7.2. You may terminate this agreement at any time by ceasing all use of Table Branding Manager. KeyScript may only terminate this agreement if you materially breach any provision of this agreement and fail to remedy that breach within a reasonable period after being notified thereof.
7.3. This agreement terminates automatically and immediately in case you enter into bankruptcy, apply for a suspension of payments, your assets are seized, or in case your company enters into liquidation, legal dissolution or winding-up.
7.4. After termination of the agreement (regardless of reason) you must cease all use of Table Branding Manager. In addition you must remove all copies (including backup copies) of Table Branding Manager from all computer systems under your control.
8. Miscellaneous terms
8.1. Dutch law applies to this end-user license agreement.
8.2. 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 KeyScript.
8.3. 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.
8.4. KeyScript may assign its rights and obligations under this agreement to a third party that acquires the relevant business or the copyrights to Table Branding Manager from it.