Terms & Conditions
Use of our software and purchases of Registration Codes are subject to our End-User License Agreement (‘EULA’). All of our software is licensed, not sold, and users must accept the terms of the EULA before using our software.
End-User License Agreement
IMPORTANT: PLEASE READ CAREFULLY THIS END USER LICENSE AGREEMENT (“EULA”). YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA IF YOU PROCEED TO USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, QUIT THE SOFTWARE NOW AND REMOVE IT FROM YOUR COMPUTER. 1 DEFINITIONS (a) The “Company” means Tropical Quest Limited (trading as monohex software), a limited company incorporated in the Hong Kong S.A.R. under the Companies Ordinance (Chapter 622 of the Laws of Hong Kong) with business registration number 76878413. (b) The “Software” means the software programme and associated software components supplied by the Company herewith and any corresponding online or electronic documentation, media and materials. 2 LICENCE GRANT (a) A licence is hereby granted to you, subject to the terms set out herein, to install and use an unlimited number of copies of the Software. (b) The scope of this EULA, and the licence granted hereby, is limited to the specific version of the Software supplied by the Company herewith. This EULA does not grant any licence in respect of any future or updated versions of the Software. The Company reserves, at its sole discretion, the right to amend the terms of the licence agreements and/or terms of use under which future versions of the Software may be used. (c) The Software is licensed, not sold. Ownership of the Software and any related intellectual property rests at all times with the Company. This EULA does not confer any ownership rights in relation to the Software whatsoever. (d) You may not transfer your rights under this EULA to any other person or user without the Company's prior written consent. If such consent is given by the Company, the transfer of rights is conditional upon the transferee's agreement to be bound by the terms of this EULA. (e) This EULA shall continue for as long as the Software is used in accordance with its terms or until otherwise terminated. This EULA and the licence granted hereby will terminate automatically if you fail to comply with any term or condition of this EULA. Upon termination, you agree to destroy all copies of the Software in your possession. 3 REGISTRATION AND TRIAL PERIOD (a) Subject to clause 3(e) below, in order to use the Software, you must register it by purchasing a registration code (“Registration Code”). The Software will automatically unlock its full functionality for use upon a valid Registration Code being entered. (b) The purchase of a Registration Code entitles you, as purchaser, to use the full functionality of the Software on one or more computers for your own personal use, subject to the terms of this EULA. Registration Codes are personal to the individual purchaser and must not be rented to, resold to, transferred to, disclosed to, shared with or used for the benefit of other parties. (c) You may purchase a Registration Code for the Software from the Company's merchant of record, Bright Market, LLC dba FastSpring (“Fastspring”). All such purchases are subject to Fastspring's own terms and conditions, including any applicable refund and billing policies. (d) The Company may from time to time release a new major version of the Software which requires the purchase of a new Registration Code in order to register and use the new version of the Software. If this happens, existing Registration Codes may not be used to register the new major version but will continue to be valid for registration of previous versions of the Software. The Company may at its discretion offer a discount on the price of Registration Codes for the new version for users who previously purchased a Registration Code for the a previous version. (e) The Software includes functionality allowing for a 30-day trial period for you to evaluate and test the Software free of charge (the “Trial Period”). You may use all features and functions of the Software during the Trial Period. At the end of the Trial Period, the Software will cease to function unless and until you enter a valid Registration Code for the Software. You must not seek to extend the length of the Trial Period beyond 30 days or otherwise circumvent the automatic expiry of the Trial Period. 4 TERMS OF USE (a) Except for your own individual backup and installation purposes, you must not copy, reproduce or distribute the Software on any type of media (including but not limited to CD-ROM, USB stick or internet download) without the Company's express written approval. (b) You may not reverse engineer, decompile, disassemble, crack, debug or modify the Software, or any part thereof, in any manner and/or for any purpose. (c) You may not sell, resell, lease, rent, sublicense or lend the Software to any other user, individual, party or entity whatsoever. (d) You must not use the Software for any unlawful, copyright infringing, abusive, criminal or fraudulent purposes. (e) You must not share or distribute any Registration Code for the Software, and you must not enter or use any Registration Code for the Software not purchased by you. (f) If you breach any of clauses 4(a) to 4(e) above, the Company may disable any Registration Code(s) purchased, used or distributed by you in future versions of the Software. (g) While the Company has endeavoured to ensure that the Software operates as intended, the Company does not guarantee, represent or warrant that the Software is free from unintended bugs, errors or defects or that it is fit for any particular purpose. (h) This EULA does not confer on you any right to receive support or assistance from the Company in relation to the Software. (i) While the Company may make available updated or upgraded versions of the Software from time to time, this is entirely at the Company's discretion, and this EULA neither confers any right to receive updates nor contains any warranty or guarantee as to the availability, timing or functionality of any such updates. (j) All of the Company's rights in relation to this EULA are reserved. 5 DISCLAIMER OF LIABILITY (a) The Company expressly disclaims any warranty for the Software. The Software 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, or non-infringement. The entire risk arising out of use or performance of the Software remains with you. (b) In no event shall the Company be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of data or business information, or any other pecuniary loss) arising out of the use of or inability to use the Software, even if the Company is aware of the possibility of such damages and known defects. 6 COMPLAINTS (a) If you are not satisfied with your purchase of a Registration Code, please contact the Company by email at <mail@monohex.com>, so that the Company may try to resolve the problem. (b) You may request a refund of the purchase price paid for a Registration Code within 30 days of purchase. Upon a refund being granted, this EULA will be terminated, and you must destroy all copies of the Software and of the Registration Code previously provided to you. Please contact the Company by email at <mail@monohex.com> in relation to refund requests. 7 GOVERNING LAW AND SEVERABILITY (a) This EULA is governed by, and shall be construed in accordance with, the laws of the Hong Kong Special Administrative Region. You agree to submit to the jurisdiction of the courts of the Hong Kong Special Administrative Region for the purpose of any dispute arising in connection with the Software or this EULA. (b) If any part of this EULA is for any reason found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this EULA shall not be affected and same shall remain in effect.