End User License Agreement

Terms

Please read this End User License Agreement ("EULA") before You purchase a License Key for the DisplayBuddy Mac App and subsequently download and use the DisplayBuddy Mac App.

By purchasing a License Key and/or downloading and using the DisplayBuddy Mac App, You agree, without reservation to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase a License Key and/or download and use the DisplayBuddy Mac App.

If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

You may not accept this EULA if You are not of legal age to form a binding contract with DisplayBuddy.

Definitions

In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:

General

  1. This EULA applies to any licenses granted to You by DisplayBuddy for the use of the DisplayBuddy Mac App.
  2. By purchasing a License Key for the DisplayBuddy Mac App and/or downloading and using the DisplayBuddy Mac App, You enter into this EULA with DisplayBuddy.
  3. This EULA may be modified from time to time. DisplayBuddy will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the provision of the License Key. Any modifications to this EULA shall only apply upon acceptance by You.

License

  1. DisplayBuddy grants You a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to Use the DisplayBuddy Mac App in accordance with this EULA. DisplayBuddy reserves all rights not expressly granted to You.
  2. DisplayBuddy is and remains the owner of any intellectual property rights with respect to the DisplayBuddy Mac App. You shall not acquire any ownership to the DisplayBuddy Mac App as result of Your purchase of the License Key or Your Use of the DisplayBuddy Mac App.

Permitted use and restrictions

  1. In order to be able to install the DisplayBuddy Mac App and receive Updates and upgrades, Your computer shall have access to the Internet and shall meet the system requirements described in the text that can be found on the webpage: https://displaybuddy.app/ .
  2. You shall Use the DisplayBuddy Mac App on the number of personal Macs allowed by your license during purchase only, unless You have purchased a volume/company license. In the event You have purchased a volume/company license, the number of computers You may Use the DisplayBuddy Mac App on shall not exceed the number of DisplayBuddy Mac Licenses purchased. If You exceed the limit, DisplayBuddy may block the License Key.
  3. You shall Use the DisplayBuddy Mac App in accordance with applicable laws and shall not:
    1. rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key;
    2. assign the License Key or the DisplayBuddy Mac License without prior written approval of DisplayBuddy;
    3. Use the DisplayBuddy Mac App for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
    4. delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the DisplayBuddy Mac App; or
    5. copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the DisplayBuddy Mac App and the License Key or any parts thereof, except to the extent permitted by applicable law.
  4. DisplayBuddy may modify the DisplayBuddy Mac App at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.

Maintenance and support

  1. DisplayBuddy will notify You of any available Updates and upgrades.
  2. You will be entitled to receive Updates free of charge during a period of twelve (12) months upon purchasing the License Key for the DisplayBuddy Mac App. In order to receive Updates after this twelve months period, You will need to either renew your License Key or enter into a subscription arrangement with DisplayBuddy.
  3. You may need to pay an additional fee in order to be able to download an upgrade.
  4. You can download available Updates and upgrades from the website of DisplayBuddy.
  5. Any maintenance and support provided by DisplayBuddy, including the provision of Updates and upgrades, will be provided in an adequate way on an "as is" basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.
  6. The terms of this EULA will govern any Updates.

Use of data

  1. DisplayBuddy respoects your privacy and does NOT collect any information that is intended to personally identify users. DisplayBuddy only collects anonymous usage data to to understand the usage of features of the app, and that data collection is governed by the privacy policy of TelemetryDeck. DisplayBuddy can collect technical information in the event of crashes or issues with the app, and this is governed by the privacy policy of the Sentry crash reporting SDK.

Disclaimer

  1. You Use the DisplayBuddy Mac App at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
  2. The DisplayBuddy Mac App and accompanying documentation are provided on an "as is" and "as available" basis without warranty - express or implied - of any kind, and DisplayBuddy specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by DisplayBuddy, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.

Liability limitation

  1. The liability of DisplayBuddy and any third party that has been involved in the creation, production, or delivery of the DisplayBuddy Mac App for all damages arising out of or in any way relating to the DisplayBuddy Mac License, the License Key, the DisplayBuddy Mac App and/or this EULA shall in no event exceed the total amount(s) paid by You to DisplayBuddy in the preceding 12 (twelve) months.
  2. DisplayBuddy and any third party that has been involved in the creation, production, or delivery of the DisplayBuddy Mac App are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, bricking of monitor or displays, and the like arising out of the use or inability to use the DisplayBuddy Mac App).

Termination

  1. This EULA will continue to be in force until the expiry or termination of the DisplayBuddy Mac License.
  2. The License Key will terminate automatically at the end of the DisplayBuddy Mac License, unless renewed or activated prior to the end of the applicable license term.
  3. DisplayBuddy is entitled to terminate the DisplayBuddy Mac License by blocking the License Key during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your fee for the License Key within the applicable payment term, or in the event DisplayBuddy is required to do so by law or an order of an applicable court.
  4. Upon termination of the DisplayBuddy Mac License, You shall cease all use of the DisplayBuddy Mac App.
  5. You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.

Governing law and disputes

  1. This EULA shall be governed by and construed in accordance with the laws of India, excluding its conflicts of law rules.
  2. Any dispute between DisplayBuddy and You shall exclusively be submitted to the competent court in India.