Terms and Conditions - ShowCockpit

Show Control and Integration Made Easy

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Terms and Conditions

Last updated: February 23, 2019

End-User License Agreement ("Agreement")

Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using RD/ShowCockpit ("ShowCockpit" or "Application”).
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

This Agreement is a legal agreement between you (either an individual or a single entity) and Ricardo Dias ("ShowCockpit Developer") and it governs your use of the Application made available to you by Ricardo Dias.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
The Application is licensed, not sold, to you by Ricardo Dias for use strictly in accordance with the terms of this Agreement.

License

Upon purchasing a License, Ricardo Dias grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal and commercial purposes strictly in accordance with the terms of this Agreement.
Licenses are issued electronically after payment, and licensed on a per-installation basis.
All ShowCockpit features can be tested before purchasing a License, therefore no refunds or transfers are available. You agree to not attempt to charge-back your license fee.

Restrictions

You agree not to, and you will not permit others to:
- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- copy or use the Application for any purpose other than as permitted under the above section 'License'.
- modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Ricardo Dias or its affiliates, partners, suppliers or the licensors of the Application.
- perform or attempt to perform reverse engineering, disassembling or modifications to the Application components. ShowCockpit will detect and log suspicious activity and the ShowCockpit Developer may take legal action against the attacker.

Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Ricardo Dias.

Modifications to Application

The ShowCockpit Developer reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Updates to Application

Ricardo Dias may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You agree that Ricardo Dias has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that Ricardo Dias shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Ricardo Dias does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Any mentioned brands or products are copyright by their respective owners, and are not authorised for use though used in good faith. Any copyright or patent infringements are completely unintended, and complainants should make immediate contact with the developer using the online contact form, as this software was developed independently for the greater artistic community.

Privacy Policy

ShowCockpit collects, stores, maintains, and shares information about you in accordance with its Privacy Policy, which is available at ShowCockpit website Privacy Policy page. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.

Anonymous Data Collection

You may allow ShowCockpit to collect anonymous data to help improving the application.

Compatibility Disclaimer

The ShowCockpit Developer has best intentions for you and your use of the Application, but can not offer warranty or guarantee that it will always work as intended, though will attempt to assist you in your efforts through a support mechanism.
Whilst great effort has been undertaken to build the Application as a safe and stable solution, there is always the possibility of a hardware and/or software malfunction or failure. It must be accepted and understood that responsibility for any damages or losses incurred through the use of this software product remain entirely with user.
There is no guarantee that the Application will work with your hardware or software, though every reasonable effort has been made to support a range of 3rd party devices. As the licensed user, you agree that there won’t be any legal actions taken against the ShowCockpit Developer, and acknowledge the premise of the above mentioned statements being toward the resolution of an amicable outcome.

Third-Party And Custom Functionality

The Application may allow Independent Developers to integrate custom functionality in ShowCockpit through a Remote Driver API.
The use of the Remote Driver API is restricted to Pro users only.
The ShowCockpit Developer does not take responsibility for any damages or losses incurred through the use of this Remote Driver API. Additionaly, the ShowCockpit Developer cannot offer support regarding Third-Party And Custom Functionality.
By mutual agreement between the ShowCockpit Developer and the Independent Developer, the custom functionality developed by the Independent Developer using the Remote Driver API can be integrated natively into the Application. The conditions of such agreement should be consented between the ShowCockpit Developer and the Independent Developer.

Term and Termination

This Agreement shall remain in effect until terminated by you or Ricardo Dias.
Ricardo Dias may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Ricardo Dias, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any of Ricardo Dias rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Amendments to this Agreement

Ricardo Dias reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

Governing Law

The laws of Portugal, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

Contact Information

If you have any questions about this Agreement, please contact us through the channels available on the footer of the website.

Entire Agreement

The Agreement constitutes the entire agreement between you and Ricardo Dias regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Ricardo Dias.
You may be subject to additional terms and conditions that apply when you use or purchase other Ricardo Dias services, which Ricardo Dias will provide to you at the time of such use or purchase.

THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.