Ripeware, LLC End User License Agreement (EULA)
Updated: May 1, 2023.
Terms
“Agreement” or “EULA” refers to this end user license agreement.
“Developer” refers to Ripeware, LLC.
“Software” refers to software produced by Developer.
“License Code” refers to a code (which may be in the form of text, a URL, a file, or "receipt", which may be externally provided, or internal to a particular download of the Software itself) that unlocks specified limitations in the Software.
Introduction
Please read this Agreement carefully before running this Software. This Agreement is a legal agreement between you and the Developer. By installing, copying, or otherwise using the Software, you acknowledge you have read and understand the terms and conditions of this Agreement and agree to be bound by them. If you do not agree to this Agreement, you may not use the Software.
If the Software is installed from an App Store that Developer distributes on, the End User License Agreement and other Terms and Conditions for the applicable App Store also applies and must be agreed to.
Non-Exclusive License
The Software is licensed to you, not sold. You are granted a limited, non-exclusive license to use the Software. The Developer retains all ownership and copyright of the Software. All rights specifically not granted in this Agreement are reserved by the Developer.
Restrictions
You may not lease, rent, loan, merge, sublicense, reverse engineer, modify, decompile or disassemble the Software. You may not create derivative works based upon the Software or any part thereof. You may not represent the Software as your own. You may not use the Software to act as an application service provider.
License Code Permitted Uses
License Codes to the Software are permitted to be used under exactly one of the following terms:
- A single License Code can be active on multiple computers for use by a single specific user. The License Code is exclusive to that specific user.
- A single License Code can be active on a single shared computer that can have multiple users (with either a single shared user account or multiple user accounts on the single shared computer). The License Code is only allowed to be active serially (one user account at a time), not concurrently. The License Code is exclusive to that specific computer.
A single License Code is not permitted to be active for multiple users on multiple computers, even if not used concurrently.
If the Software is installed from an App Store that Developer distributes on, the above terms on License Code Permitted Uses are superseded by the applicable App Store's policy on the matter.
License Code Acknowledgement
You acknowledge the importance of keeping your License Code private and secure. You acknowledge that anyone with your License Code and related details can potentially:
- Activate the Software new devices, including hitting activation limits (if applicable).
- Deactivate the Software on active devices or make requests for deactivation.
- View limited metadata about the devices where your License Code is active, potentially including the hostname, hardware model, OS version, activation date, and IP address.
- Acquire potential single-use upgrade discounts related to the Software.
Transferability
You may permanently transfer your License Code to another party, provided both parties agree to this EULA and both parties inform Developer. Developer requires authorization from the transferer and the name and email address of the new party to validate the License Code record. The transferer must deactivate the License Code from any active devices, then completely remove all copies of the Software and License Code from the transferer's possession (including backups) immediately after the transfer.
If the Software is installed from an App Store that Developer distributes on, the above terms on Transferability are superseded by the applicable App Store's policy on the matter.
Backups
You may create private backups of the Software for your own personal use. You may create private backups of License Codes you have purchased or legally acquired for your own personal use.
Distribution
You may not distribute the Software without prior written agreement and consent from Developer. This includes distribution in, but not limited to, associating the Software in any bundle, installer, hosting it for standalone download, or representing it on any physical medium (DVDs, flash drives, hard drives, etc.). You may link to public URLs for the Software on Developer's website.
You may not share License Codes to the Software or post License Codes publicly.
Managing License Codes within an organization in compliance with the EULA (for example, re-sending an employee a specific License Code issued to them to activate the Software on a new device, etc.) is fair use and not regarded as sharing.
Protection of Interests
The Developer has a right to protect the Software property and business interests. This includes the right to ensure EULA and License Code compliance, including, but not limited to:
- Requiring a network connection to remotely validate License Code actions with Developer's servers or services. License Code actions include activation, deactivation, and periodic validation where the Software is used.
- Limiting or throttling the number of License Code actions (activations, deactivations, etc.) per day to prevent abuse.
- Recording recent License Code actions with related metadata (such as hostname, hardware model, OS version, activation date, and IP address) so Developer can potentially provide you a list of devices a License Code is activated on.
- Analyzing License Code action patterns and heuristics to ensure compliance.
- Invalidating shared or publicly discovered License Codes without refund or remedy.
- Requesting removal of distributed Software or License Codes.
- Further legal remedy.
Updates
Updates to the Software or any of its dependencies, updates to the operating system the Software runs on, or updates to services the Software uses or provides may remove functionality or change behavior without replacement or compensation. The Developer is not obligated to add, remove, change, preserve, or maintain any functionality or behavior of the Software, its dependencies, its operating system, or any service it uses or provides. The Developer is not obligated to provide, distribute, or support previous versions of the Software or License Codes to previous versions of the Software.
No Warranty and Liability
The Software is provided “as is” without warranty of any kind. You are using this Software at your own risk. The Developer disclaims all warranties relating to this Software, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose. You (and not the Developer) assume all costs should the Software prove defective.
In no event shall the Developer or any of its employees, investors, contractors, vendors, or suppliers be liable for any damages of any kind resulting from the use or misuse of the Software. The Developer shall not be liable for any special, incidental, consequential, indirect or similar damages due to loss of data, business interruption, or any other reason, even if the Developer or an agent or employee of theirs has been advised of the possibility of such damages. In no event shall the Developer be liable for any damages, regardless of the form of the claim.
Termination
You may terminate the Agreement at any time. The Developer may immediately terminate this Agreement if you breach any representation, agreement, or obligation referred to in this Agreement. Upon termination, you must remove all copies of the Software and related License Codes in your possession.
Miscellaneous
In the event any litigation is brought forth to enforce this Agreement or arises out of this Agreement, the prevailing party shall be awarded its reasonable attorneys’ fees together with expenses and costs incurred in such litigation. This Agreement is governed by the laws of San Diego County, California, in the United States of America.
Complete Agreement
This Agreement constitutes the entire agreement between you and the Developer with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment or modification of this Agreement will be binding unless in writing and signed by the Developer.