Effective date: December 08, 2022
Please read this End-User License Agreement ("Agreement") carefully. This Agreement is a legally binding agreement between you (either an individual or a single entity) and Office Data Apps sp. z o.o. that governs your use of Ultimate Suite for Excel.
When we say "Application", we mean Ablebits Ultimate Suite for Excel (https://www.ablebits.com/excel-suite/).
The Application is offered by Office Data Apps sp. z o.o., a limited partnership established under the laws of the Republic of Poland ("we", "our", or "us").
When we say "you", "user", or "users", we mean all of customers and consumers that use the Application.
By clicking the "I Agree" button, downloading, or using the Application, you agree to Agreement herein. If you do not agree to our Agreement, do not use the Application.
We grant to you a revocable, non-exclusive, limited license to download, install, and use the Application strictly in accordance with the terms of this Agreement.
TRIAL EDITION. You may install and use one copy of the Application for a single user for the period indicated on https://www.ablebits.com/excel-suite/. The TRIAL EDITION cannot be used on systems such as terminal servers for shared usage.
PERSONAL EDITION. You may install and use one copy of the Application, or any prior version legally licensed for the same operating system, on 2 (two) computers for a single user. The PERSONAL EDITION cannot be used on systems such as terminal servers for shared usage.
BUSINESS EDITION. You may install and use one copy of the Application, or any prior version legally licensed for the same operating system, on 5 (five) computers for a single user. The BUSINESS EDITION cannot be used on systems such as terminal servers or virtual desktop servers for shared usage and should be installed for each licensed user separately.
TERMINAL SERVER EDITION (obsolete). If you need to install the Application on a terminal server, you should obtain a license of the TERMINAL SERVER EDITION of the Application. If you have such a license, you may install and use one copy of the Application on a single terminal server for all users of this terminal server.
FOR TERMINAL SERVER USERS EDITION. If you need to install the Application for terminal server users, you should obtain a license labeled as "FOR TERMINAL SERVER USERS" for each user. If you have such licenses, you may install one copy of the Application for all users of a terminal server, terminal servers farm, or virtual/remote desktop server, but should activate it for licensed users only.
You may transfer all of your rights to use the Application to another person on condition that you transfer to that person all of the software and documentation provided in the package (including this Agreement) and destroy all copies of the Application in any form. Once you transfer the Application, you no longer have any right to use it, and the person to whom it is transferred may use it only in accordance with the copyright law, international treaty, and this Agreement.
If you have purchased an upgrade for the Application, the original Application together with the upgrade Application constitute a single license. The original Application and the upgrade Application cannot both be available for use and cannot be used by more than one person and cannot be transferred separately without a written permission from us.
We may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, and other modifications ("Updates").
Updates may modify or delete certain features and/or functionality of the Application. You agree that we have no obligation to provide or continue to provide you with any Updates or enable any particular features and/or functionality.
You further agree that all Updates are deemed to constitute an integral part of the Application, and are subject to the terms and conditions of this Agreement.
We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
We may provide support service for you related to the Application ("Customer Support Service"). The use of Customer Support Service is governed by our policies and programs described in documentation. Any supplemental Application code provided to you as part of Customer Support Service shall be considered part of the Application and subject to the terms and conditions of this Agreement. With respect to technical information you provide to us as part of Customer Support Service, we may use such information for our business purposes, including the Application improvements and features development. We will not use such technical information in a form that personally identifies you.
Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to us with respect to the Application shall remain our sole and exclusive property.
We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
We only provide support in respect of your use of the Application. For the avoidance of doubt, this support does not extend to assistance with generic issues and questions relating to Microsoft Office applications.
You agree not to, and you will not permit others to:
Limitations on Reverse Engineering, De-compilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Application, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Separation of Components. The Application is licensed as a single product. Its component parts may not be separated for use on more than two or five computers (depending on the Application edition) of a single user.
Trademarks. This Agreement does not grant you any rights in connection with any our trademarks or service marks.
Rental. You may not rent, lease, or lend the Application.
Sublicense. You may not sublicense the license of the Application. Any attempt to sublicense any of the rights, duties, or obligations hereunder is void.
All title and copyrights in and to the Application (including but not limited to any images, demos, source code, intermediate files, packages, photographs, distributables, animations, video, audio, music, text, and "applets" incorporated into the Application, the accompanying printed materials, and any copies of the Application) are owned by us. The Application is protected by copyright laws and international treaty provisions.
The Application, including without limitation all copyrights, patents, trademarks, trade secrets, and other intellectual property rights are, and shall remain, our sole and exclusive property.
This Agreement shall remain in effect until terminated by you or us.
We may, in our sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from us, if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your computer.
Termination of this Agreement will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our affiliates and our and their respective licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error free, or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither we nor any our reseller make any representation or warranty of any kind, express or implied: (a) as to the operation or availability of the Application, or the information, content, and materials, or products included thereon; (b) that the Application will be uninterrupted or error-free; (c) as to the accuracy, reliability, or currency of any information or content provided through the Application.
If applicable law requires any warranties with respect to the Application, all such warranties are limited in duration to sixty (60) days from the date of installation. No oral or written information or advice given by us and/or our authorized representatives will create a warranty. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Notwithstanding any damages that you might incur, the entire maximum liability of us and any of our resellers under any provision of this Agreement and your exclusive remedy for all the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall we or our resellers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if we or any reseller has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Because some US states do not allow the exclusion and/or limitation of liability for consequential and/or incidental damages, in such US states, our liability is limited to the maximum extent permitted by law.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.
You agree to indemnify and hold harmless us, our employees, and our contractors from all demands, proceedings, losses, costs, damages, awards, fees, expenses, and/or liabilities of any nature including, without limitation, reasonable attorneys' fees, in connection with or because of your violation of this Agreement or any law or regulation.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will assist and cooperate with us in asserting any available remedies. You agree not to resolve any matter without our prior written consent. We will use reasonable efforts to notify you of any such request, action, or proceeding as soon as we become aware of it.
You hereby forever discharge and release us, our employees, and our contractors from, and hereby waive and relinquish, each past, present and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, and/or that relates directly or indirectly to the Application or any error, omission, interruption, deletion, defect, delay in operation and/or transmission, communications line failure, theft and/or destruction and/or unauthorized access.
If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her, must have materially affected his or her settlement with the debtor".
This Agreement should be interpreted and construed in accordance with the laws of the Republic of Poland (a member state of the European Union) without regard for any conflict of rules laws. All disputes arising out of this Agreement should be brought in front of the competent courts of the Republic of Poland.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except for payment obligations, neither we nor you will be liable by reason of any failure or delay in the performance of obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, shortages, riots, pandemics, fires, acts of God, war, strikes, terrorism, and governmental action.
We may make changes to this Agreement and/or our other policies, operating rules, and/or procedures at any time, in our sole and absolute discretion. It is our policy to post any changes we make to our Agreement on our website. The date of the latest revision is identified at the beginning of this Agreement.
If we make material changes to this Agreement, we may also notify you by email through the email address specified in your order.
You are responsible for ensuring we have your up-to-date active and deliverable email address and for periodically visiting our website and reviewing this Agreement to check for any changes.
If you do not agree with the changes and/or modifications, you shall not use the Application after the effective date of the changes. The then-current version of Agreement will supersede all earlier versions. You agree that your continued use of the Application after such changes have been published will constitute your acceptance of such revised Agreement, policies, operating rules, and/or procedures (as applicable).
Any changes to our policies, operating rules, and/or procedures shall be incorporated by reference herein.
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org or the following physical address:
Office Data Apps sp. z o.o.
Warszawska str, 109, office 5,
Lomianki, 05-092, Poland