Calmly Script

End-user license agreement

This EULA applies to the Calmly Script App in all its forms: the Desktop App for Windows, macOS and Linux, and the Android App.

By purchasing a License Key, by purchasing the Android App through Google Play, and/or by downloading and using the Calmly Script App, you ("the User") agree, without reservation, to be bound by the terms of this EULA. If you do not agree with the terms of this EULA, please do not purchase the Calmly Script App and/or download and use it.

If you accept the terms and conditions in this EULA on behalf of a company or other legal entity, you warrant that you have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

Definitions

In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:

  • "The Author" Yusef Hassan Montero, the author of Calmly Script App;
  • "Activate" turning the Trial version into the Full version of the Desktop App with the License Key provided by the Author;
  • "Android App" the version of the Calmly Script App for devices running Android, including ChromeOS devices able to run Android applications, distributed and sold through Google Play;
  • "Desktop App" the version of the Calmly Script App for Windows, macOS and Linux, activated by means of a License Key;
  • "Documentation" the detailed information about the Calmly Script App, its features and the system requirements as made available on the website calmlyscript.com;
  • "Full version" the license for the Calmly Script App acquired with a single payment, either by purchasing a License Key for the Desktop App or by purchasing the Android App through Google Play; it is not a subscription and has no time limit;
  • "Google Play" the digital distribution service operated by Google through which the Android App is distributed and sold;
  • "License Key" a unique code provided by the Author, which enables the User to activate the Full version of the Desktop App by entering the code into the Calmly Script App and to subsequently use it;
  • "Calmly Script App" any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to the User by the Author, including any Updates; the term covers both the Desktop App and the Android App;
  • "Trial version" the license for the Desktop App for the term of 14 days to use it for the sole purpose of testing and evaluating the Calmly Script App; the Android App is not offered as a Trial version;
  • "Updates" any modified versions and updates of, and additions to the Calmly Script App (excluding upgrades of the Calmly Script App);
  • "The User" you, the final and ultimate user of the Calmly Script App or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Calmly Script App, and the company or other legal entity that will be the final and ultimate user of the Calmly Script App, if applicable.

General

  1. This EULA applies to any licenses granted to the User by the Author for the use of the Calmly Script App.
  2. By purchasing a License Key for the Calmly Script App and/or downloading and using the Calmly Script App, the User enters into this EULA with the Author.
  3. This EULA may be modified from time to time. The Author will notify the User of such modifications on its website or otherwise, e.g. by using the email address used for the provision of the License Key. Any modifications to this EULA shall only apply upon acceptance by the User.
  4. The Calmly Script App is offered as two separate products: the Desktop App and the Android App. Each is licensed separately, and purchasing one does not grant the User any license to the other. Where a provision of this EULA refers to the License Key, to Activation or to the Trial version, that provision applies to the Desktop App only.
  5. The Android App is purchased through Google Play. That transaction is additionally subject to Google's own terms and conditions, which govern the sale, the payment and the distribution of the Android App. This EULA governs the User's use of the software itself. In the event of a conflict between this EULA and the terms of Google Play in respect of the transaction, the terms of Google Play shall prevail.

License

  1. The Author grants the User a non-exclusive, non-transferable, limited, revocable license to use the Calmly Script App in accordance with this EULA. The Author reserves all rights not expressly granted to the User.
  2. The Author is and remains the owner of any intellectual property rights with respect to the Calmly Script App. The User shall not acquire any ownership to the Calmly Script App as result of his purchase of the License Key of the Calmly Script App.

Permitted use and restrictions

  1. In order to be able to install the Calmly Script App and receive Updates and upgrades, the User's device shall have access to the Internet.
  2. Each Full version of the Desktop App is a personal license for one individual, who may install and use the Desktop App on all the computers they use, with no limit on their number. Each individual who uses the Desktop App needs a Full version of their own; where the User is a company or other legal entity, it needs one Full version for each individual who uses the Desktop App. The Android App may be installed on the devices associated with the Google account used to purchase it, in accordance with the terms of Google Play.
  3. The User shall use the Full version or Trial version in accordance with applicable laws and shall not:
  • use the Trial version on any system where the Trial version was previously used and expired;
  • rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key, the Full version or the Trial;
  • use the Full version or Trial version for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
  • delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Calmly Script App; or
  • copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Calmly Script App and the License Key or any parts thereof, except to the extent permitted by applicable law.
  1. The Author may modify the Calmly Script App at any time at its sole discretion and without notice to the User, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.
  2. Certain components of the Calmly Script App are Open Source Software and licensed under the terms of the applicable license(s) of the Open Source Software. The User shall adhere to these terms and conditions, which can be found in the Calmly Script App under Help > About Calmly Script (Help > Licenses on macOS).

Maintenance and support

  1. The User who has purchased the Full version will be entitled to receive all future Updates at no extra cost, with no time limit.
  2. The User can download available Updates and upgrades for the Desktop App from the website of Calmly Script. Updates to the Android App are distributed through Google Play.
  3. Any maintenance and support provided by The Author, including the provision of Updates and upgrades, will be provided in an adequate way on an "as is" basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.

Refunds

  1. The User may request a refund of the Full version of the Desktop App within 30 days of its purchase by writing to the Author at hello@calmly.studio. The Author will review the request and, where the refund is granted, will order it through the store where the payment was made.
  2. Refunds of the Android App are governed by the terms of Google Play.

Disclaimer

  1. The User uses the Calmly Script App at their own risk.
  2. The Calmly Script App and accompanying documentation are provided on an "as is" and "as available" basis without warranty - express or implied - of any kind, and the Author specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by the Author or his employees shall create a warranty or in any way increase the scope of this warranty and the User may not rely upon such information or advice.
  3. Nothing in this EULA excludes or limits the rights the User has as a consumer under the applicable consumer protection law.

Liability limitation

  1. Except where the applicable consumer protection law provides otherwise, the liability of the Author and any third party that has been involved in the creation, production, or delivery of the Calmly Script App for all damages arising out of or in any way relating to the Full version, the Trial version, the License Key, the Calmly Script App and/or this EULA shall in no event exceed the total amount paid by the User for the license concerned.
  2. Except where the applicable consumer protection law provides otherwise, the Author and any third party that has been involved in the creation, production, or delivery of the Calmly Script App are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Calmly Script App).

Termination

  1. The Full version is perpetual: it has no term and does not need to be renewed. This EULA remains in force for as long as the User holds it.
  2. The Trial version ends automatically at the end of its 14 days, unless the Desktop App is Activated before then.
  3. The User acknowledges that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.

Governing law and disputes

  1. This EULA shall be governed by and construed in accordance with the laws of Spain, excluding its conflicts of law rules.
  2. Any dispute between the Author and the User shall be submitted to the competent court in Spain, except where the applicable consumer protection law provides otherwise, such as the right of a User who is a consumer to bring proceedings before the courts of their place of residence.