END USER LICENSE AGREEMENT (EULA)
1. Definitions
1.1. “Agreement” refers to this End User License Agreement, inclusive of all its terms and conditions.
1.2. “Apogee Studios Subscription software” refers to the proprietary software application owned and provided by The Apogee Project AT Limited (“Company”), under the name “Apogee Studios Subscription,” encompassing the software, accompanying documentation, and any updates or enhancements.
1.3. “User” refers to any individual or entity that accesses, installs, or uses the Apogee Studios Subscription software, hereinafter referred to as “You” or “Your.”
2. Grant of License
2.1. Subject to compliance with the terms of this Agreement, Company hereby grants You a limited, non-exclusive, non-transferable, revocable license to use the Apogee Studios Subscription software for the duration of Your subscription.
3. License Restrictions
3.1. You shall not, directly or indirectly, engage in any of the following activities:
a) Copying, reproducing, modifying, distributing, or creating derivative works based on the Apogee Studios Subscription software, its components, or any associated content without prior written consent from Company.
b) Decompiling, reverse engineering, disassembling, or attempting to derive the source code from the Apogee Studios Subscription software, except to the extent that such activities are expressly permitted by applicable law.
c) Removing, altering, or obscuring any proprietary notices, labels, or marks on the Apogee Studios Subscription software.
d) Using the Apogee Studios Subscription software for any unlawful, unauthorized, or fraudulent purpose, or in any manner that could damage, disable, overburden, or impair the software’s functionality.
4. Ownership of Intellectual Property
4.1. You acknowledge and agree that all intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, and patents, related to the Apogee Studios Subscription software and its components, including any documentation and content, are the exclusive property of Company.
5. Termination
5.1. Company reserves the right to terminate this Agreement and revoke Your access to the Apogee Studios Subscription software at any time and for any reason, with or without prior notice.
5.2. Upon termination, You shall immediately discontinue all use of the Apogee Studios Subscription software, remove any installed copies from Your devices, and destroy any associated materials.
6. Limitation of Liability
6.1. In no event shall Company be liable for any indirect, consequential, special, incidental, or punitive damages arising out of or related to the use or inability to use the Apogee Studios Subscription software, including but not limited to loss of data, loss of profits, or interruption of business operations.
7. Governing Law and Jurisdiction
7.1. This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom.
7.2. You agree that any legal actions arising from or related to this Agreement shall be exclusively brought before the courts of the United Kingdom, and You hereby consent to the exclusive jurisdiction and venue of such courts.
8. Severability
8.1. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
9. Entire Agreement
9.1. This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements, whether oral or written, regarding the subject matter herein.
10. Waiver
10.1. No failure or delay by either party in exercising any right, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy.
By installing, accessing, or using the Apogee Studios Subscription software, You acknowledge that You have read, understood, and agreed to be bound by the terms and conditions of this Agreement.