By accessing or using the Software, you acknowledge that you are at least 18 years of age (or, if you are between 13 and 17 years of age, that you are using the Apps only with your parent’s or adult’s permission), that you can legally enter into this Agreement, and that you have read, understand, and agree to this Agreement.
Software & Licenses
We, as Licensor, grant you, as Licensee, a non-exclusive right to use our Software in accordance with these Terms. The Applications are protected by copyright laws and international copyright treaties and by other intellectual property laws and treaties. MetaFlash reserves all rights not expressly granted to you. MetaFlash retains the copyright in the Software.
A person is entitled to use no more than ten (10) licenses of the Software unless otherwise agreed in writing between that person and MetaFlash.
All uses of the Software, the term of the license is 30 (thirty) years within the European Union
You can download the app for free from the Mac App Store. However, to use the full functionality of the app, you need to purchase a permanent license via the one-time purchase option of the “Pro Version”.
Please note that your perpetual license purchase is made through the Mac App Store. Your purchase is subject to Apple’s applicable payment policies, which may also not provide for refunds.
Permitted uses and restrictions of our software
Subject to your compliance with these Terms, we grant you a non-exclusive, limited, revocable, non-transferable license to use the Software only as follows:
- The free version of the software may be installed and used by you solely for the purpose of trying out and evaluating the software.
- The software can be installed and used by you on any number of devices.
- Unauthorized copying of the software is expressly prohibited.
- Your disclosure of a trial version of the Software to a third party does not entitle you to any compensation from us.
- You may not rent, lease or lend the Apps to anyone.
- You may not permanently assign all of your rights under these Terms unless we are notified of and agree to the assignment and the assignee agrees to the terms of these Terms.
- We assume no responsibility for the results of the use of the software obtained illegally or through an unauthorized distributor.
- AExcept to the extent permitted by these Terms and applicable law, you may not copy, adapt, translate, decompile, reverse engineer, disassemble, modify, or create derivative works of the Apps, or promote the Apps in any way.
- Without prejudice to any other rights, we may terminate these Terms if you fail to comply with the terms of these Agreements or any other documents referred to herein. In such event, you must destroy all copies of the Software.
You may not assign, rent, lease, loan, sell, redistribute, or sublicense our Software except as provided herein or with our express consent. However, you may make a one-time permanent transfer of all of your license rights in the Software (in its original form as provided) to another party, provided that we are notified of and approve the transfer and the assignee agrees to be bound thereby by these terms and conditions.
“Trial Version” means a version of the Software that is used to review, demonstrate and evaluate the Application and has limited functionality compared to the version you receive under the Subscription or Perpetual License.
We may offer you a free version to use our software. Please note that trial versions have certain functional limitations. The apps are paid applications that requires the purchase of a subscription or perpetual license to unlock all of their features.
General terms and conditions
These Terms will apply until terminated. Your rights under these Terms will be automatically terminated by us without notice if you fail to comply with the terms of this Agreement and or otherwise fail to pay the fees and charges, if any, payable to us and associated with your use of the App. Upon termination of these Terms, you will cease all use and destroy, remove or erase all copies, in whole or in part, of the App on your device in your possession or control. Any rule or condition of this Agreement that by its plain meaning is intended and required to be satisfied upon termination shall survive termination.
You agree to indemnify and hold us, our affiliates, and our and your officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, and outside service providers harmless from and against any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees (“Claims”), actually or allegedly arising out of your information, use of the App, or your breach of these Terms. You agree to be solely responsible for the defense of any Claim against any Indemnitee, subject to such Indemnitee’s right to cooperate with counsel of its choice.
You expressly agree that the Software is provided “as is” without warranty of any kind, either express or implied, and that your use of it is at your own risk. We disclaim, to the fullest extent permitted by law, all warranties, express or implied, including, without limitation, any
- Warranties of merchantability or fitness for a warrant infringement of intellectual property or proprietary rights of third parties.
- Warranties with respect to delays, interruptions, errors or omissions in the App or any part thereof.
- Warranties in relation to the transfer or delivery.
- Warranties as to the accuracy or correctness of data and all other warranties as to performance, non-performance, or other acts or omissions by us.
In addition, there is no warranty that the Software will meet your needs or requirements or the needs or requirements of any other person. In addition, you acknowledge and agree that our warranty does not cover telecommunications or Internet failures caused by third parties or otherwise beyond our control. The Software may be limited by many factors, including the Internet’s own risks.
Limitation of liability
Except to the extent prohibited by applicable law, in no event shall MetaFlash be liable for personal injury or incidental, special, indirect or consequential damages. This includes, without limitation, damages for loss of profits, loss of data or information, business interruption, or other business damages or losses arising out of the use of MetaFlash’s software.
Protection of intellectual property
Our Software is protected by copyrights, trademarks, patents, trade secrets and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use thereof violates these Terms and may violate applicable law. Except as expressly stated herein, we do not grant you any express or implied right to use the Software. You agree not to copy, republish, create, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer any of the Apps. In addition, you agree not to take any action that may infringe our intellectual property rights.
Fürstenfeldbruck in Upper Bavaria is agreed as the exclusive place of jurisdiction for all legal disputes between the parties. However, the manufacturer is at liberty to use the user’s general place of jurisdiction to file a lawsuit or initiate other legal proceedings.