This End-User License Agreement (EULA) is a legal agreement between you (either as an individual or on behalf of an entity) and Exploratory, Inc. regarding your use of Exploratory's applications, including Exploratory Desktop, Exploratory for Mac, and Exploratory for Windows, Exploratory Collaboration Server, Exploratory Web Server, and associated documentation (the "Software") and your use of the Exploratory.io web site (the "Service"). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, DO NOT INSTALL, USE OR COPY THE SOFTWARE.
By downloading, installing, using, or copying the Software, you accept and agree to be bound by the terms of this EULA. If you do not agree to all of the terms of this EULA, you may not download, install, use or copy the Software.
This EULA entitles you to install as many copies of the Software as you want, and use the Software for any lawful purpose consistent with this EULA. However, your login may only be used by one person - i.e., a single login may not be shared by multiple people. Your license to use the Software is expressly conditioned upon your agreement to all of the terms of this EULA. Exploratory reserves all other rights not granted by this EULA.
Products are made available on a limited license or access basis, and no ownership right is conveyed to Licensee, irrespective of the use of terms such as "purchase" or "sale". Exploratory has and retains all right, title and interest, including all intellectual property rights, in and to the Products any and all related or underlying technology, and any modifications or derivative works of the foregoing created by or for Exploratory, including without limitation as they may incorporate Feedback (as defined below).
This EULA applies whether you purchase an Exploratory Subscription directly from Exploratory, Inc. or through resellers. If you purchase through a reseller, the Exploratory Subscription details shall be as stated in the Subscription Confirmation issued by a reseller to Licensee, and the reseller is responsible for the accuracy of any such Subscription Confirmation. Resellers are not authorized to make any promises or commitments on Exploratory's behalf, and Exploratory, Inc. is not bound by any obligations to Licensee other than as specified in this Agreement.
You must pay Exploratory Subscription fees in accordance with the Exploratory Terms of Purchase or reseller's terms of purchase, whichever is applicable. If you fail to make the timely payment of Exploratory Subscription fees, this Agreement will be terminated and you may not use Products.
You have no obligation to provide us with ideas, suggestions, or proposals ("Feedback"). However, if you submit Feedback to us, then you grant us a nonexclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.
Subject to the terms of this Agreement, you are granted a one-time right to install and use Exploratory for evaluation purposes without charge for a period of thirty (30) days from the date of the activation, unless otherwise specified ("Evaluation Period"). Your use of Exploratory during Evaluation Period shall be limited to the internal evaluation of Exploratory for the sole purpose of determining whether it meets your requirements and whether you desire to continue using it.
You may withdraw from using Product at your sole discretion anytime before expiration of Evaluation Period. Upon expiration of Evaluation Period, your right to continue to use Exploratory will terminate, unless your purchases a Subscription to the Exploratory products and services. The product contains a feature that will automatically disable the product upon expiration of Evaluation Period.
The Software automatically communicates with Exploratory servers for authenticating your user account.
Certain components of the Software may be subject to open-source software licenses ("Open-Source Components"), which means any software license approved as open-source licenses by the Open Source Initiative or any substantially similar licenses, including without limitation any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format. The Software documentation includes copies of the licenses applicable to the Open-Source Components.
To the extent there is conflict between the license terms covering the Open-Source Components and this EULA, the terms of such licenses will apply in lieu of the terms of this EULA. To the extent the terms of the licenses applicable to Open-Source Components prohibit any of the restrictions in this Agreement with respect to such Open-Source Component, such restrictions will not apply to such Open-Source Component. To the extent the terms of the licenses applicable to Open-Source Components require Licensor to make an offer to provide source code in connection with the Product, such offer is hereby made, and you may exercise it by contacting firstname.lastname@example.org
The Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Exploratory. Exploratory reserves all rights in and to the Software not expressly granted to you in this EULA.
The names Exploratory, Exploratory Desktop, Exploratory for Mac, Exploratory for Windows, Exploratory Collaboration Server, Exploratory Web Server, and related Exploratory logos and/or stylized names are trademarks of Exploratory. You agree not to display or use these trademarks in any manner without Exploratory's prior, written permission.
THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. Exploratory does not warrant that (i) the Software will meet your specific requirements; (ii) the Software is fully compatible with any particular platform; (iii) your use of the Software will be uninterrupted, timely, secure, or error-free; (iv) the results that may be obtained from the use of the Software will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your expectations; or (vi) any errors in the Software will be corrected.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXPLORATORY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EXPLORATORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE SOFTWARE, including, for example: (i) the use or the inability to use the Software; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Software; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the Software; (v) or any other matter relating to the Software.
Exploratory reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice. Exploratory shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Software.