END-USER LICENSE AGREEMENT (EULA)
Last Updated: January 4th, 2024
This End-User License Agreement (the “Agreement”) is a legal contract between Nebular Design, LLC (“we,” “us,” or “our”) and you (“End User” or “you”). By installing, downloading, accessing, or otherwise using any portion of the Curator Live software, mobile application(s), or related services (collectively, the “Licensed Software”), you agree to abide by all the terms of this Agreement. If you do not agree with any of these terms, do not install or use the Licensed Software.
1. License Grant
- Limited License
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Licensed Software on compatible devices owned or controlled by you for your personal or internal business use, strictly in accordance with its intended purpose and any accompanying documentation. - Restrictions
Except as explicitly permitted in this Agreement, you must not:- Copy, modify, redistribute, or create derivative works of the Licensed Software.
- Sell, rent, lease, sublicense, or otherwise transfer any rights in the Licensed Software.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Licensed Software, unless permitted by law.
- Remove or alter any proprietary notices, labels, or branding embedded within the Licensed Software.
- Updates & Upgrades
We may (but are not obligated to) provide you with updates, upgrades, or patches for the Licensed Software. Any such updates are subject to this Agreement unless accompanied by a separate license. You agree that we may automatically install updates at our discretion.
2. Ownership & Intellectual Property
- Our Rights
We (and/or our licensors) own and retain all right, title, and interest in and to the Licensed Software, including any and all intellectual property rights (e.g., patents, trademarks, copyrights, trade secrets). The license granted to you does not transfer any ownership rights; it only allows limited use as described in this Agreement. - Feedback
If you choose to submit comments, ideas, or suggestions about improving or modifying the Licensed Software (“Feedback”), we may use this Feedback without obligation or restriction. You grant us a perpetual, worldwide, royalty-free license to incorporate and use your Feedback for any purpose.
3. Privacy & Data Collection
Your use of the Licensed Software may involve the collection and processing of information about you or your device. All such data practices are governed by our
Privacy Policy, which is hereby incorporated by reference. By using the Licensed Software, you acknowledge that you have read and agree to the terms of our Privacy Policy.
4. User Obligations & Conduct
- Compliance with Laws
You agree to use the Licensed Software in compliance with all applicable laws and regulations. You are solely responsible for any content you create, share, or upload through the Licensed Software. - Prohibited Uses
You may not use the Licensed Software:- In any manner that infringes or misappropriates the intellectual property rights of others.
- To transmit any viruses, malware, or other harmful code.
- To attempt to disrupt or degrade the Licensed Software or related systems.
- In any way that violates any third-party privacy, publicity, or other personal rights.
- Third-Party Services
The Licensed Software may allow integrations or links to third-party sites or services. We do not endorse, monitor, or control those services, and we are not responsible for their actions or policies. Your interactions with such third parties are at your own risk.
5. Payment & Subscription Terms (If Applicable)
- Fees
If the Licensed Software or certain features require payment, you agree to pay all applicable fees as described at the time of purchase or subscription. - Billing
You must provide accurate payment information. If we cannot process your payment for any reason, we may suspend or terminate your license. Additional details, if any (like auto-renewal or free trials), are outlined separately on our website or within the Licensed Software. - Refunds
Unless required by applicable law or stated otherwise in a separate policy, all payments are non-refundable.
6. Term & Termination
- Term
This Agreement remains in effect from the time you first install or use the Licensed Software until terminated by you or us. - Termination by You
You may terminate this Agreement by uninstalling and ceasing to use the Licensed Software at any time. If you have a user account, you can also request account deletion via
[email protected]. - Termination by Us
We may suspend or terminate this Agreement immediately if:- You violate any provision of this Agreement.
- Required by law.
- We decide, in our sole discretion, to discontinue or materially alter the Licensed Software.
- Effects of Termination
Upon termination, all rights granted to you in this Agreement cease, and you must delete or remove the Licensed Software from your devices. Termination does not relieve you of any obligation to pay accrued fees or any other liability arising prior to termination.
7. Disclaimer of Warranties
- As Is / As Available
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSED SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT ANY GUARANTEE OF PERFORMANCE OR ACCURACY. - No Warranties
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. - No Guarantee
WE DO NOT WARRANT THAT THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED SOFTWARE.
8. Limitation of Liability
- Indirect Damages
IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, NOR FOR ANY LOSS OF PROFITS OR REVENUE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE (OR INABILITY TO USE) THE LICENSED SOFTWARE. - Aggregate Liability
OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATED TO THE LICENSED SOFTWARE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US (IF ANY) FOR THE LICENSED SOFTWARE IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100). - Jurisdictional Limits
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH AREAS, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Indemnification
You agree to defend, indemnify, and hold harmless Nebular Design, LLC, its affiliates, officers, directors, employees, and agents from and against all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:
- Your breach of this Agreement.
- Your misuse of the Licensed Software.
- Your violation of any third-party rights or applicable laws in relation to your use of the Licensed Software.
10. Governing Law & Dispute Resolution
- Governing Law
This Agreement shall be governed by and construed under the laws of the State of Florida, USA, without regard to conflict of law provisions. - Venue
Any dispute arising from or related to this Agreement shall be brought in the state or federal courts located in Palm Beach County, Florida. You expressly consent to personal jurisdiction in those courts. - Injunctive Relief
Notwithstanding any provision of this Agreement, we reserve the right to seek injunctive or equitable relief in any court of competent jurisdiction to protect our intellectual property or proprietary interests.
11. Miscellaneous
- Entire Agreement
This Agreement, along with any referenced documents (e.g., Privacy Policy), constitutes the complete agreement between you and us regarding the Licensed Software. It supersedes any prior communications or understandings about its subject matter. - Severability
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, that provision shall be severable, and the remaining provisions shall remain in effect. - Waiver
Our failure to enforce any right or provision under this Agreement does not constitute a waiver of that right or provision. - Assignment
You may not assign, delegate, or transfer this Agreement or any of your rights herein without our prior written consent. We may freely assign or transfer this Agreement in the event of a merger, acquisition, or sale of assets. - No Third-Party Beneficiaries
This Agreement does not create any rights in parties other than you and us.
12. Contact Us
If you have any questions, concerns, or comments about this Agreement, please contact us at:
- Email: [email protected]
- Address: 22 Swinton Gardens Dr., Delray Beach, FL 33444, USA
Thank you for choosing Curator Live. By downloading, installing, or using the Licensed Software, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms.