This End User License Agreement (hereinafter "Agreement") is a legal agreement between You (either an individual or a legal entity) and FigLeaf Limited, with its principal office at 69, Arch. Makariou III Ave. TLAIS TOWER, 3rd Floor, office 301, 1070 Nicosia, Cyprus (hereinafter "FigLeaf Ltd." or “Company”) for the use of FigLeaf Beta, referred to as "FigLeaf App" or "FigLeaf Software" (hereinafter "Product").
The Product (the computer program in machine readable object code form, which is issued by FigLeaf Ltd. pursuant to this Agreement) together with the Documentation (all manuals, user documentation, and other related materials pertaining to the Product), and/or other materials distributed with the Product (e.g. disk image, CD, or any other media containing these materials) is licensed, not sold, to you by FigLeaf Ltd., and Company reserves all rights not expressly granted to you within this License Agreement. Under no circumstances shall the source code of the Product be made available to you by FigLeaf Ltd. The Product and Documentation are collectively referred to as “Product”.
By downloading, installing, copying, or otherwise using all, or any portion of, the FigLeaf Software you agree to be bound by the terms of this License Agreement. If you do not agree to this Agreement, do not use the FigLeaf Software.
After installing the Product, Company grants you the FigLeaf License. The FigLeaf License Terms as set out below in the FigLeaf License Terms section of this clause are applicable to your use of FigLeaf App.
The Product, including, without limitation, its object code and source code, whether or not provided to you, is strictly confidential to FigLeaf Ltd. Company (or its licensors) owns exclusively and reserves all – and you may not exercise any – right, title, and interest in and to the Product, including, without limitation, all intellectual property rights in and to the Product, except to the extent of the limited license right to use the Product, granted to you under terms of this Agreement.
This Agreement is not an agreement of sale, and no title, intellectual property rights, or ownership rights to the Product are transferred to you pursuant to this Agreement. You acknowledge and agree that the Product and all ideas, methods, algorithms, formulae, processes, and concepts that are used in developing or incorporated into the Product, all future updates and upgrades, and all other improvements, revisions, corrections, bug fixes, hotfixes, patches, modifications, enhancements, releases and policy and database updates, and other updates in, of, or to the Product, all derivative works based upon any of the foregoing, and all copies of the foregoing are trade secrets and proprietary property of FigLeaf Ltd., having great commercial value to the Company.
FigLeaf Ltd. grants you a royalty-free, revocable, non-exclusive, non-transferable, limited right to install and to use FigLeaf App on a technical device (e.g. stationary computers, mobile devices, etc) owned or controlled by you (hereinafter "Device"), and to access and use FigLeaf App on such Device strictly in accordance with the terms and conditions set forth in this Agreement.
You shall not, and you shall not cause or allow any third party to:
This Agreement is available only to individuals who are at least 16 (sixteen) years old. You represent and guarantee that if you are an individual, you are at least 16 years old, you are of legal age to accept this Agreement or you have your parents’ permission to do so, and that all registration information you submit is accurate and truthful. FigLeaf Ltd. may, in its sole discretion, terminate the Agreement with any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access this Agreement is revoked in such jurisdictions.
Copyright and other intellectual, industrial and/or proprietary rights to FigLeaf App and to any full or partial copies that you make are owned by FigLeaf Ltd. or its licensors. Company permits you to use FigLeaf App only in accordance with the terms of this Agreement. All rights that are not specifically granted by FigLeaf Ltd. are reserved by FigLeaf Ltd. Company is willing to provide you with the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that FigLeaf Ltd. is the subject of copyright and other intellectual, industrial or proprietary rights of FigLeaf Ltd. and/or third parties.
You agree not to in any way replace and/or modify libraries and resources that are included in the FigLeaf software.
The Product may include components (including, without limitation, programs, applications, tools, utilities, libraries, and other programming code) that are made available from third parties under a free or open source software licensing model (hereinafter “Open-Source Code”). The Open-Source Code components that are included with the Product are redistributed by FigLeaf Ltd. under the terms of the applicable Open-Source Code license for such component. Your receipt of Open-Source Code components from Company under this Agreement neither enlarges nor curtails your rights or obligations defined by the Open-Source Code license applicable to the Open-Source Code component. Copies of the Open-Source Code licenses for the Open-Source Code components that are included with the Product are included with or referenced in the Product’s Documentation.
You expressly acknowledge and agree that the use of FigLeaf App is at your sole risk. FigLeaf App is provided "as is" and without warranty of any kind, and FigLeaf Ltd., its affiliates and their respective licensors. Expressly disclaim all warranties, express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose or any warranties of title and/or non-infringement. FigLeaf Ltd. Does not warrant that the functions that are contained in FigLeaf App will meet your requirements or that the operation of FigLeaf App will be corrected. Furthermore, FigLeaf Ltd. does not warrant or make any representations regarding the use of, or the results of the use of FigLeaf App in terms of its correctness, accuracy, or reliability, or in any other terms. No oral or written information or advice that is given by FigLeaf Ltd., FigLeaf Ltd. authorized representative, or any other party shall create any warranty with respect to FigLeaf App. Should FigLeaf App prove defective, you (and not FigLeaf Ltd. or an FigLeaf Ltd. authorized representative) assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the exclusions that are described in this license may not apply to you. FigLeaf Ltd. Provides no warranty that any computer hardware or software will not be damaged by the software or any data that you download by using the software. You assume the entire risk of downloading, installing, copying, operating, and using the software. FigLeaf Ltd. strongly recommends that you perform a virus check of all software before installation or use.
You acknowledge and agree that, to the fullest extent that is permissible by law, neither FigLeaf Ltd., Nor any of its affiliates, its or their respective officers, directors, employees, agents, representatives, suppliers, licensors, and contractors shall be liable for any loss or damage of any kind, direct or indirect, including, but not limited to, compensatory, consequential, incidental, direct, indirect, special, exemplary, or punitive damages in connection with or arising from use of FigLeaf App or otherwise in connection with this license. In all cases, FigLeaf Ltd.’s entire liability under any provision of this license shall be limited to the amount that is actually paid allocable to the associated software. Some jurisdictions do not allow the exclusion of or certain limitations on damages and remedies. Accordingly, some of the exclusions and limitations that are described in this license may not apply to you.
FigLeaf Ltd. will endeavor to provide you with email, phone and chat support pertaining to your use of FigLeaf Software. The said support will be limited to topics within the domain of basic usage of FigLeaf App. FigLeaf Ltd. is not required to offer you general advice on technologies underlying or related to Product. FigLeaf Ltd. reserves the right to cease offering support of any kind pertaining to the usage of older releases of FigLeaf App whenever a new release of Product becomes available.
You agree to defend FigLeaf Ltd., its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers, and suppliers against any and all claims, demand and/or actions and indemnify and hold FigLeaf Ltd., its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, representatives, suppliers, licensors, and contractors harmless from and against any and all losses, damages, costs, and expenses (including reasonable attorneys' fees), resulting from your breach or violation of this Agreement, infringement, misappropriation, or your violation of the rights of any other party, your violation or noncompliance with any law or regulation, or your alteration or export of FigLeaf App. Company reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with FigLeaf Ltd. upon its request.
FigLeaf Ltd. and its subsidiaries may collect and use technical and related information, including, but not limited to, technical information concerning your Device, system, and applications. FigLeaf Ltd. and its subsidiaries are free to use this information in any form that does not personally identify the Customer or the Customer’s Device. Any collection of technical and related information by FigLeaf Ltd. and its subsidiaries shall be limited in such a manner that Company and its subsidiaries will not be capable of reconstructing the contents of files and folders that you use from within FigLeaf App or any other personal files and folders that are accessible to Product when you use it.
FigLeaf Ltd. may issue to the Customer a License Code or a License Key, which you may need to activate FigLeaf App under the terms of the Commercial License. FigLeaf Ltd. and its subsidiaries and distributors may link the aforementioned License Code or License Key to you personally. Any issued License Code or License Key is intended only for your usage and may not be distributed, published, or otherwise communicated to third parties by you, unless permission to do so is granted to you in writing by FigLeaf Ltd.
This Agreement is effective until it is terminated. Without prejudice to any other rights, FigLeaf Ltd. may, in its sole discretion, at any time immediately terminate this Agreement and/or discontinue providing or limit access to the Product or to its website in whole or any specific areas/features (hereinafter "Termination"). Inaction by FigLeaf Ltd. in Termination after you fail to comply with any terms and conditions that are set out in this Agreement does not imply a waiver of any kind of the rights reserved by the FigLeaf Ltd. under this and other provisions.
FigLeaf Ltd. shall be under no obligation under the Agreement if the failure to perform such obligation is due to any event beyond control of FigLeaf Ltd., including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
This Agreement is the entire agreement between you and Company relating to FigLeaf App, and it supersedes all prior oral or written communications and representation with respect to FigLeaf App or any other subject matter that is covered by this Agreement. If any provisions of this Agreement are held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.
The titles used herein are for convenience only and shall not be considered in construing or interpreting any provisions of this Agreement.
You represent and warrant that:
If any part of this License is held invalid or unenforceable, the remaining provisions of this License shall be unimpaired and remain in full force and effect.
The Parties mutually acknowledge and agree that this Agreement shall be construed and enforced in accordance with the English law, to the exclusion of the conflicts of laws provisions thereof. In the event any disputes, differences or controversies arise between the Parties in connection with this Agreement, the Parties shall thoroughly explore all possibilities for an amicable settlement. If an amicable settlement cannot be reached, all disputes or differences shall be determined by arbitration administered by the International Centre for Dispute Resolution® in accordance with its International Dispute Resolution Procedures, as modified by the ICDR® Online Protocol for Manufacturer/Supplier Disputes then in effect (please find the International Dispute Resolution Procedures and the ICDR Online Protocol for Manufacturer/Supplier Disputes at www.icdr.org). The language of the arbitral proceedings shall be English. THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS LICENSE.
FigLeaf Ltd. reserves the right, in its sole and absolute discretion and without notice to you, to amend, revise, update, change, modify, add to, supplement, or delete certain terms of this agreement (hereinafter the “changes”). Any such changes shall be effective once the revised agreement has been posted on this page. The “effective date” section at the top of this page states when this agreement was last revised. You are responsible for checking this agreement periodically for changes. If any future changes to this agreement are unacceptable to you or cause you to no longer be in compliance with this agreement, you must immediately uninstall the product and destroy all copies of the product. Your continued use of the product following any revision to this agreement constitutes your complete and irrevocable acceptance of any and all such changes. You can review the most current version of this agreement by clicking the “eula” link either in the product or at https://figleafapp.com/eula.
Functions and features are subject to further change without notice after installation by the user. All users must accept all changes that are made to product, which may include the inability to continue using a feature or function if FigLeaf Ltd. elects, in its sole discretion, to discontinue it. In case of any material change to product, FigLeaf Ltd. may notify the user through the software and/or website.
For all purposes of this License, each of Company’s third-party licensors of FigLeaf App shall be expressly deemed an intended third-party beneficiary of this License and shall have the right to enforce the terms and conditions of this License.
Should you have any questions or comments regarding this License or the limited warranty, you may contact FigLeaf Ltd. in writing at 69, Arch. Makariou III Ave. TLAIS TOWER, 3rd Floor, office 301, 1070 Nicosia, Cyprus