Storywriter Pro End User License Agreement
IMPORTANT-PLEASE READ CAREFULLY: This STORYWRITER PRO End-User License Agreement (“EULA”) is a legal agreement between you (whether an individual or entity) and STORYWRITER PRO APS (“Storywriter Pro”), operators of www.storywriterpro.app
1 – DEFINITIONS
“Licensee” shall mean a physical person or legal entity that has acquired a license to the Software.
“EULA” shall mean this standard End User License Agreement.
“Storywriter Pro” shall mean STORYWRITER PRO APS doing and operating its business at Hegnetsvej 18B
3450 Allerød, Denmark.
“Site” or “Website” shall mean www.storywriterpro.app.
“Software” shall mean any software (whether provided as downloadable or as an online service), tool, utility, documentation, or similar delivered by Storywriter Pro including the license file, and any revision, update, or upgrade hereto which are made available by Storywriter Pro to the End User under the terms and conditions set out in this EULA.
2 – SCOPE OF THE END USER LICENSE
Storywriter Pro hereby grants to the Licensee a non-assignable and non-exclusive right to use the Software in accordance with the terms and conditions set out in this EULA. The license is effective upon installation by the Licensee and remains in force until termination by either party.
The Software is licensed as a perpetual license.
The Licensee’s right to use the Software requires that the Licensee has accepted the terms and conditions in this EULA. One license gives the Licensee the right to use the Software for one physical person or one legal entity. The Licensee can install the software on two computers.
3 – INTELLECTUAL PROPERTY RIGHTS
The Licensee shall obtain no rights to the Software. Storywriter Pro retains all intellectual property rights to the Software, updates, documentation, and all data enclosed in it, including, but not limited to, copyright, trademarks and other rights, titles and interests in the Software.
The Licensee is not permitted to publish the Software without the explicit, written consent of Storywriter Pro. This also applies to any documentation delivered by Storywriter Pro.
The Licensee may not reverse engineer, decompile, or disassemble the Software except when otherwise allowed by mandatory statutory provisions. The Licensee shall always notify Storywriter Pro in writing in advance of such acts.
Upon an infringement of Storywriter Pro’s intellectual property rights, Storywriter Pro shall be entitled to terminate this agreement for cause with immediate effect.
The Licensee holds all rights to any article, story, or any other piece of text or content created by the Licensee using the software.
4 – USE OF THE SOFTWARE
By installing or otherwise using the Software, the Licensee agrees to be bound by the terms of this EULA.
The Licensee acknowledges that the use of some parts of the Software and licensing may require connection to the Internet.
Should the Licensee use the Software, including any documentation, for another physical person or legal entity than the Licensee, Storywriter Pro is entitled to a penalty amounting to two times Storywriter Pro’s list price for the unpaid End User license. The penalty shall be calculated in accordance with the list price of the End User license valid at the time Storywriter Pro becomes aware of the unauthorized use of the Software.
The Licensee alone is responsible for the backup of all data, configurations, and settings stored in the Software.
5 – UPDATES AND DEFECTS
The license purchased by the Licensee is for the current version at the time of purchase. The Licensee is thereby not entitled to any future updates as part of this license – unless this is specified on the website at the time of purchase.
Any future features will be added at the sole discretion of Storywriter Pro. Future updates may be offered at no cost to the Licensee, however, this license do not guarantee such updates. Storywriter Pro also reserves the right to charge for any future updates.
It is the responsibility of the Licensee to make sure that their operating system or any software installed on that operating system do not affect the functionality of the software.
Storywriter Pro shall not be liable for any defects. The Software and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose. The entire risk arising out of use or performance of the Software remains with Licensee.
The Software delivered under this Agreement is a standard product, and the Licensee is aware that no software product is faultless in all situations and combinations.
Immediately after a reproducible error or defect is discovered or should be discovered, the Licensee must give notice to Storywriter Pro. Upon notification, the Licensee must specify the error or defect.
6 – SUPPORT
Storywriter Pro offers online support to the Licensee.
7 – ASSIGNMENT
The Licensee is not entitled to lend, lease, sublicense, transfer, or otherwise assign its rights and obligations given under this Agreement without Storywriter Pro’s prior written consent. Any assignment shall not be legal without Storywriter Pro ’s prior written consent.
Storywriter Pro may at any time in full or in part assign its rights and obligations under this Agreement to any third party.
8 – INFRINGEMENTS OF THIRD-PARTY RIGHTS
Storywriter Pro represents and warrants that it has the right to license the Software, including any documentation, to the Licensee, and that Storywriter Pro holds the necessary rights, titles, and licenses to allow the Licensee to perform all rights contemplated by this Agreement, and that the Software does not infringe any third-party’s right that is valid within and enforceable in Denmark.
The above representations and warranties do not apply to infringements or misappropriations resulting from modifications of the Software, including any documentation, by the Licensee, or the Licensee’s operation or use of the Software with devices, data, or software furnished by the Licensee. If the Licensee embeds fonts or any other third-party intellectual properties using the Software, it is the sole responsibility of the Licensee to have the necessary rights to do so. If a third party towards the Licensee claims that the Software infringes third-party rights, the Licensee shall immediately inform Storywriter Pro in writing and Storywriter Pro shall take over the defense of the claim. Storywriter Pro shall at its cost have full control of any proceedings arising out of any infringement of third-party rights.
If the Licensee becomes aware of any infringement or potential infringement of the Software it shall promptly notify Storywriter Pro in writing.
9 – TERMINATION
The Licensee may terminate this EULA for the future at any time by ceasing the use of the Software and promptly destroying and deleting all copies, including any documentation.
In the event that the Licensee fails to comply with any of the terms or conditions of this Agreement, Storywriter Pro may terminate for cause the Licensee’s right to use the Software, including any documentation, at any time upon a written notice of 30 days. Upon such termination the Licensee must destroy and delete all copies of the Software, including any documentation. The Licensee shall not be entitled to any refund of the license fee upon such termination.
10 – LIMITATION OF LIABILITY
Storywriter Pro expressly disclaims any liability, whether expressed or implied with regard to (i) defects and errors, which are not related to the Software, but which are related to external factors, including other software products of the Licensee, (ii) acts or omissions of the Partners of Storywriter Pro (iii) the interaction between the Software and any other hardware and/or software environment and organization at the Licensee’s location or at any remote location, including but not limited to hosting or data centers (iv) errors, defects, and inexpediency of third-party’s standard products, delivered by Storywriter Pro (v) the Licensee’s changes and/or modifications in or with the Software, and (vi) compatibility between the Software and any new version, update etc. of third-party’s software.
Storywriter Pro shall not in any way be liable for circumstances related to the non-fulfilment of the Licensee’s duties in respect of this Agreement. In no event shall Storywriter Pro be held liable for any damage resulting from loss of data, loss of profits or goodwill or other consequential damages. Storywriter Pro’s liability can under no circumstances exceed the license fee paid by the Licensee under the Agreement.
11 – VALIDITY
If any provision in this Agreement is held to be illegal, invalid, or unenforceable, such provision(s) shall nonetheless be enforced to the fullest extent permitted by applicable law, so as to reflect the original intent of the parties. Such provision(s) shall not affect the legality and validity of the other provisions in this Agreement.
12 – GOVERNING LAW AND DISPUTE RESOLUTION
This EULA shall be governed and construed by Danish law, and supersedes all prior and contemporaneous oral and written proposals and communications respecting the subject matter hereof.
The Parties will use all reasonable efforts to solve any controversy that may arise from this EULA amicably.
If any provision of this EULA is held illegal or unenforceable by any court of competent jurisdiction, such provision shall be deemed separable from the remaining provisions of this agreement and shall not affect or impair the validity or enforceability of the remaining provisions of this agreement.
