hipSpace

Software License agreement for hipSpace software product ("hipSpace")

Please read this software License agreement carefully before using hipSpace. By using hipSpace you are agreeing to be bound by the terms of this License. If you do not agree to the terms of this License, do not install and/or use hipSpace.

Important note: To the extent that hipSpace may be used to reproduce, modify, publish or distribute materials, such use is licensed to you only for materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor.

1. General

1.1 hipSpace, content and documentation accompanying it, are licensed, not sold, to you by ACT.CH for use only under the terms of this License. ACT.CH and/or ACT.CH's licensors retain ownership of hipSpace itself and reserve all rights not expressly granted to you.

1.2 Upgrades or updates to hipSpace (if any) will be available only through the web site http://www.hipspace.net and/or hipSpace itself and/or ACT.CH's licensors web sites. The terms of this License will govern any software upgrades or updates provided by ACT.CH that replace and/or supplement the original hipSpace product, unless such upgrade or update is accompanied by a separate License in which case the terms of that License will govern.

2. Permitted License Uses and Restrictions

2.1 Subject to the terms and conditions of this agreement, you are granted a limited, non-exclusive License to use and run one (1) copy of hipSpace on a single Mac computer running OS X 10.6 or later at any one time.

hipSpace "License" means one of Trial, Purchased or Read Only License describes below.

A "Trial License” is automatically created during the first installation of hipSpace. Trial License means a Full Mode version of hipSpace to be used only to review, demonstrate and evaluate hipSpace. Trial License has a period duration of 60 days beginning of the date of installation. When the Trial License expires, hipSpace runs in a Read Only Mode.

A "Purchased License" is acquired or prolonged by "License…" menu of hipSpace main menu. Purchased License means a Full Mode version of hipSpace to be used to benefit the functionality of hipSpace during a specific period of time. When the Trial License expires, hipSpace runs in a Read Only Mode. There is no automatic renewal of the License.

A "Read Only License" means an expired License, it allows the entire functionality of hipSpace, except the ability to add, drag&drop or save as any new Object. hipSpace runs in a Read Only Mode.

2.2 Other Use Restrictions. Only one user may use hipSpace at a time, and you may not make hipSpace available over a network where it could be run or used by multiple computers at the same time. You may not rent, lease, lend, sell, redistribute or sublicense hipSpace.

2.3 No Reverse Engineering. You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of hipSpace or any services provided by hipSpace, or any part thereof.

2.4 hipSpace may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Title and intellectual property rights in and to any content displayed by or accessed through hipSpace belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content. For example, any stock photographs, images, graphics, clipart, artwork or similar assets (“Digital Imagery”) that are provided by ACT.CH and/or its licensors as part of hipSpace or Services (including but not limited to any Digital Imagery contained within user guides and tutorials) may not be extracted and distributed, commercially or otherwise, on a standalone basis outside of hipSpace.

3. Prices

The Purchased License prices are specified in the "License Updating…" panel accessible through hipSpace main menu. hipSpase will charge credit cards online, it will installs the License after the order is placed and the credit card information is validated. ACT.CH reserves the right to adjust prices and/or durations of the Licenses. You must provide a valid email address to allow the credit card transaction. Once the transaction is completed, a confirmation receipt of your purchase will be sent to that email address.

4. Transfer

You may not make a transfer of your License rights to another party. The License is associated to a user account, but it is independent of your hardware. All components of hipSpace are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. You may not assign, rent, lease, lend, sell, redistribute or sublicense hipSpace.

5. Termination

The License is effective until terminated by you or ACT.CH. Your rights under this License will terminate automatically without notice from the ACT.CH if you fail to comply with any term(s) of this License agreement. Upon termination of the License, you shall cease all use of hipSpace, and destroy all copies, full or partial, of hipSpace.

6. Services and Third Party Materials

6.1 hipSpace may enable access to third party services and web sites (collectively and individually, "Services"). Such Services may not be available in all languages or in all countries. Use of these Services requires Internet access and use of certain Services may require you to accept additional terms and may be subject to additional fees.

6.2 You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that ACT.CH shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

6.3 Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that ACT.CH is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. ACT.CH, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.

6.4 You agree that the Services contain proprietary content, information and material that is owned by ACT.CH, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or ACT.CH. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that ACT.CH is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.

6.5 In addition, Services and Third Party Materials that may be accessed, linked to or displayed through hipSpace are not available in all languages or in all countries. ACT.CH makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. ACT.CH and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will ACT.CH be liable for the removal of or disabling of access to any such Services. ACT:CH may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

7. Disclaimer of Warranties

7.1 If you are a customer who is a consumer (someone who uses hipSpace outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.

7.2 You expressly acknowledge and agree that, to the extent permitted by applicable law, use of hipSpace and any services performed by or accessed through hipSpace is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

7.3 To the maximum extent permitted by applicable law, hipSpace and services are provided “as is” and “as available”, with all faults and without warranty of any kind, and ACT.CH and ACT.CH's licensors (collectively referred to as “ACT.CH” for the purposes of sections 7 and 8) hereby disclaim all warranties and conditions with respect to hipSpace and services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.

7.4 ACT.CH does not warrant against interference with your enjoyment of hipSpace and services, that the functions contained in, or services performed or provided by, hipSpace will meet your requirements, that the operation of hipSpace or services will be uninterrupted or error-free, that any services will continue to be made available, that hipSpace or services will be compatible or work with any third party software, applications or third party services, or that defects in hipSpace or services will be corrected. Installation of this software may affect the usability of third party software, applications or third party services.

7.5 You further acknowledge that hipSpace and services are not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in the content, data or information provided by, hipSpace or services could lead to death, personal injury, or severe physical or environmental damage, including without limitation the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems.

7.6 No oral or written information or advice given by ACT.CH or an ACT.CH authorized representative shall create a warranty. Should hipSpace or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

8. Limitation of Liability

To the extent not prohibited by applicable law, in no event shall ACT.CH be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data or information, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use hipSpace or services or any third party software or applications in conjunction with hipSpace or services, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if ACT.CH has been advised of the possibility of such damages.

9. Refund

hipSpace is available with a Trial License of 60 days with no restriction. You can download hipSpace to ensure that you can fully experience it prior to making your purchase. When available, documentation for software is also available online. We encourage you to review the documentation and try hipSpace prior to making your purchase to ensure that it meets your requirements. So, we decline the refund claims.

10. Disputes and Jurisdiction

You and ACT.CH shall attempt to resolve amiably all disputes arising out of or in connection with this License agreement within 30 days. If such amiable negotiations fail, you agree to be arbitrated by the exclusive jurisdiction of courts in the Canton of Jura, Switzerland.

11. Proprietary Rights

All intellectual property rights in and to hipSpace are and shall remain in ACT.CH. hipSpace is protected by an international patent pending. hipSpace use a patented technology (patent no us8250039). “hipSpace” is a trademark of ACT.CH.

ACT.CH
Rue du Temple 7
2900 Porrentruy
Switzerland

Last updated on December 22, 2013