Gitfox Software License Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

This Agreement is a legal agreement between you (either an individual or legal entity) and bytieful e.U., a sole proprietorship established and existing under the laws of Austria (hereinafter: “bytieful”) for the use of the application Gitfox.

The application Gitfox, together with all materials included in or distributed through it (hereinafter collectively: “Gitfox”), is licensed, not sold, to you by bytieful. bytieful reserves all rights not expressly granted to you within this Agreement.

By downloading, installing, copying or otherwise using all or any portion of Gitfox you agree to be bound by the terms of this Agreement. If you are not willing to be bound by the terms of this Agreement, do not use Gitfox. You hereby irrevocably waive any rights under previous license agreements with bytieful for Gitfox and unconditionally accept that your license for the use of current and previous copies of the Gitfox software shall be exclusively governed by the terms and conditions of this Agreement.

1. License Terms

bytieful grants you a non-exclusive license to use Gitfox, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend Gitfox to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.

Gitfox licenses are on a per-user basis. Purchase of a License grants you the right to activate and use Gitfox on multiple machines, within reasonable limits, that are owned and used by you. bytieful may at its sole discretion define and adjust what said reasonable limits amount to.

2. Subscriptions And Payment

2.1. Pricing

Unless you are using the Trial version, access to Gitfox requires the purchase of a subscription. Our pricing, details about the different plans, and the limits and available features associated with each plan, are available at www.gitfox.app.

If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term, if not explicitly stated otherwise.

2.2. Upgrades, Downgrades and Changes

You may change your subscription at any time by initiating a change through the license dialog. If you choose to cancel your account, you may lose access to features, or capacity of your account.

We will immediately bill you when you upgrade to any paid plan. If you upgrade to a higher plan, we will bill you for the upgraded plan immediately.

2.3. Payment Terms

All plans are billed in advance on a yearly basis. Upon cancellation of your subscription, your license will expire at the end of the current billing period and there will be no cancellation or downgrade refunds.

When you purchase a Subscription (such purchase, a “Transaction”) you expressly authorize us (or our third party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including, without limitation, your credit card number, the expiration date of your credit card, and your address(es) for billing (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to our third party service providers so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).

2.4. Authorization For Recurring Payments

If you purchase a Subscription, you will be charged the then-applicable Subscription fee (“Subscription Fee”) at the beginning of your Subscription and each year thereafter, depending on the term of your Subscription, at the then-current rate. Subscription Fees are outlined at www.gitfox.app. Please note that our Subscription Fees are subject to change if not explicitly stated otherwise, although we will notify you before we effect any change in Subscription Fees.

By agreeing to these Terms and purchasing a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or bytieful. We (or our third party payment processor) will automatically charge you in accordance with the term of your Subscription (e.g., each year), on the calendar day corresponding to the commencement of your Subscription, using the Payment Information you have provided. In the event your Subscription began on a day not contained in a given month, your payment method will be charged on a day in the applicable month or such other day as we deem appropriate. We may also periodically authorize your payment method in anticipation of applicable fees or related charges. Your Subscription continues until canceled by you or we terminate your access to or use of the Services or the Subscription in accordance with these Terms.

2.5. Canceling Subscriptions

You may cancel your Subscription at any time and your license will expire at the end of the current billing period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can either (i) contact us at www.gitfox.app and follow any instructions, if any, we provide to you in response to your cancellation request, or (ii) initiate a cancellation through the Gitfox license dialog. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period.

3. General Terms

3.1. Copyright And Restrictions

Copyright and other intellectual, industrial and/or proprietary rights to Gitfox and to any whole or partial copies that you make are owned by bytieful or its licensors. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of Gitfox except where explicitly allowed in the terms of this Agreement. You agree not to remove any label indicating that Gitfox is the subject of copyright and other intellectual, industrial or proprietary rights of bytieful and/or third parties. You may not redistribute Gitfox or any part thereof. You agree not to purchase Gitfox licenses for the purpose of reselling and/or distributing them unless prior written agreement from bytieful is granted.

3.2. Additional Services

Fees may apply for additional services and products offered by bytieful and others, including, but not limited to, services that integrate with Gitfox or extend the functionality of Gitfox.

3.3. Warranties

bytieful does not warrant that Gitfox operates on the computer you intend Gitfox to be used on and you shall be solely responsible for obtaining a computer compatible with Gitfox. bytieful is providing you Gitfox on an ‘as-is’ basis without warranty of any kind. bytieful does not and cannot warrant the performance or results you may obtain using Gitfox, or that Gitfox operates error free.

3.4. Limitation Of Liability

To the maximum extent permitted by applicable law, bytieful is not liable to you or to any third party for any damages, either direct, indirect, incidental, consequential or otherwise — including in each case, but not limited to damages — rising from inability to use Gitfox or access data, loss of data, loss of business, loss of profits, business interruptions or the like – arising out of the use or inability to use Gitfox even if bytieful has been advised of the possibility of such damages.

The liability of bytieful and any third party that has been involved in the creation, production, or delivery of the Software for all damages arising out of or in any way relating to the Commercial License version, the Trial version, the License Key, the Software and/or this EULA shall in no event exceed the total amount of € 29.
Notwithstanding the above or anything else contained in this Agreement, neither party’s liability for death or personal injury resulting from its own negligence shall be limited. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

3.5. Infringement

If Gitfox is, or in bytieful’s opinion is likely to become, the subject of a claim of infringement, bytieful shall have the right, without obligation and at its sole discretion, to: 1. procure for you the right to continue to use Gitfox; 2. replace or modify Gitfox in such a way as to make the modified Gitfox non-infringing; or 3. terminate this Agreement. The foregoing states bytieful’s and its subsidiaries entire liability and obligation to you and your sole remedy with respect to any actual or alleged infringement of intellectual property rights of any kind.

3.6. Technical And Related Information

bytieful may collect and use technical and related information only in the following cases: a) when you activate the trial version or the paid version of the app, b) when transmitting a crash or diagnostic report, c) when sending anonymous usage analytics as described in the Privacy Notice.

3.7. Personal Information

bytieful may render this License Agreement null and void if it finds that the personal information you submitted during online activation or when buying Gitfox is incorrect, inaccurate or outdated. It is your sole responsibility to keep bytieful informed of any changes in your personal information. To do so, contact bytieful through the appropriate sections of www.gitfox.app or, where possible, from within Gitfox itself. bytieful may require you to verify any changes to personal information.

bytieful may use your personal information to validate your personal license rights, to contact you with information related to Gitfox and, if you acquired your Gitfox license through a reseller, to communicate with said reseller regarding your purchase. Bytieful may share your information with its licensors within reason.

bytieful will not sell or in any way license usage of your personal information to third parties.

Participation in a Gitfox mailing list is optional and is not a condition of purchasing, licensing, or using Gitfox. If you separately choose to subscribe to a mailing list, bytieful stores the selected mailing list, your email address, the source of the signup, and the time of subscription for the purpose of administering the list and sending the communications you requested.

Mailing-list information is processed on the basis of your separate consent. You may withdraw that consent for an individual mailing list or for all mailing lists associated with your email address. Withdrawing consent does not affect your Gitfox license or prevent bytieful from sending communications that are necessary to provide or administer a service you use. Further information is available in the Privacy Notice.

3.8. Online Activation

The Gitfox Software requires online activation in order to use it under the Trial or Commercial License Terms. During the trial, Gitfox can be used for a period of 30 days after you first run it. Once the trial expires you need to activate Gitfox with a valid Commercial License. If you do not activate your copy of Gitfox, all of or part of the functionality of your copy of Gitfox will disable automatically 30 days after you first run it. bytieful may at its sole discretion decide to adjust the exact technical conditions under which unactivated Gitfox copies cease to work. You are required to submit personal information during online activation. You need an active, functional internet connection to activate your copy of Gitfox. Your licensed use of Gitfox is bound to the computer(s) you used to complete activation. You may need to reactivate your copy of Gitfox after replacing the logic board or otherwise changing the hardware configuration of your computer. You may need to contact bytieful to complete reactivation.

3.9. Third Party Software Licenses

Gitfox may make use of third-party software. Notwithstanding the foregoing, use of some third party materials included in Gitfox Software may be subject to other terms and conditions. The official copyright notices and specific license conditions of this third-party software are to be found inside the application bundle of Gitfox or can be emailed to you upon request. You hereby agree to the terms and conditions for such third party software.

3.10. Term And Termination

This Agreement is effective until terminated. Without prejudice to any other rights, bytieful may immediately terminate this Agreement if you fail to comply with any of the terms and conditions set out in this Agreement. In such event, you must cease all use of Gitfox and delete all copies of Gitfox that are in your possession.

3.11. Entire Agreement

Your delivery and payment conditions or any other general or special conditions shall not apply. This Agreement is the entire agreement between you and bytieful relating to Gitfox and supersedes all prior oral or written communications and representation with respect to Gitfox or any other subject matter covered by this Agreement.

3.12. Severance

If any of the provisions of this Agreement is 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.

3.13. Export Controls

You agree not to export, reexport or use Gitfox except as explicitly authorized by Austrian law and the laws of the jurisdiction in which you obtained your Gitfox license. If you purchased or use Gitfox in the United States, you may not export or re-export Gitfox to any U.S. embargoed country or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or U.S. Department of Commerce’s Denied Persons List or Entity List. By using Gitfox, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use Gitfox for any purposes prohibited by United States law, including without limitation, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons. If you inadvertently stumble upon a way to use it for the development, design, manufacture or production of said missiles or weapons you will notify bytieful with a detailed description of said way immediately.

3.14. U.S. Government End Users

Gitfox is being licensed to U.S. Government end users only as Commercial Computer Software, and with only the exact same rights granted to all other end users in the terms and conditions of this Agreement. All unpublished rights are reserved under the Copyright laws of the United States, Austria and International copyright treaties and other relevant agreements.

3.15. Applicable Law

This Agreement is governed by Austrian law or at bytieful’s sole discretion the law of any court which may have jurisdiction. This License shall not be governed by the UN Convention on contracts for the international sale of goods. You agree that bytieful, at its sole discretion, may elect to bring legal action regarding any dispute arising from or in connection with this Agreement before the courts of Steyr, Austria, or in any court in any country which may have jurisdiction and you herewith irrevocably and unconditionally submit to the exclusive jurisdiction of the courts chosen by bytieful.

If you have any questions regarding this License Agreement, please contact bytieful at www.gitfox.app.