Terms & Conditions
This End User License Agreement (“EULA”) is a legal agreement between you and Hunter Media Suisse Kowalczyk, as the licensor of the software in the Product and related materials which shall be collectively referred to as the “Software.” This EULA covers the Software, including but not limited to the software of Hunter Media’s affiliates and third-party licensors (“Third Party Licensors”), and accompanying printed or online documentation. The Software includes all of the software in your Product, including updates or modified software provided to you by Hunter Media Suisse Kowalczyk, whether stored on media or downloaded via any method.
Hunter Media Suisse Kowalczyk may add to, change, or remove any part, term, or condition of this EULA, including but not limited to as it applies to the Software at any time without prior notice or liability to you.
SOFTWARE LICENSE
The Software is owned by Hunter Media Suisse Kowalczyk, and the Third-Party Licensors, and its structure, organization and code are valuable trade secrets of Hunter Media Suisse Kowalczyk and the Third-Party Licensors. Except as expressly set forth in this EULA, this EULA does not grant you any intellectual property rights in your Product (including but not limited to the Software), and you cannot use the Software except as specified herein. The Software is licensed, not sold. Hunter Media grants you a limited license to use the Software on two (2) computer or mobile device, as applicable, and you may create one (1) back up copy of the Software. If you received a trial version of the Software, subject to your compliance with the terms and conditions of this EULA, Hunter Media Suisse Kowalczyk grants you a limited license for a limited trial period to use one (1) copy of the Software to evaluate the Software, and only for your personal, noncommercial use on a single computer or mobile device, as applicable.
The Software is licensed as a single product, and you may not separate its component parts for use on more than one (1) computer or mobile device unless expressly authorized by Hunter Media Suisse Kowalczyk. You agree not to copy, modify, publish, adapt, redistribute, reverse engineer, decompile, disassemble, attempt to derive or discover source code, or otherwise reduce to a human-perceivable form, or create derivative works of, the Software in whole or in part or to use the Software in whole or in part for any purpose other than as expressly permitted under this EULA. In addition, you may not share, distribute, loan, rent, lease, sublicense, assign, transfer, or sell the Software, but you may transfer all of your rights under this EULA only as part of a sale or transfer of the Product provided:
(i) you retain no copies of, and transfer all of the Software (including but not limited to all copies, component parts, any media, printed materials, all versions and any upgrades of the Software, and this EULA) as part of such sale or transfer;
(ii) uninstall the Software from any device where it has been installed;
(iii) the recipient agrees to the terms of this EULA and Hunter Media Suisse Kowalczyk privacy policy.
Hunter Media Suisse Kowalczyk and its Third-Party Licensors retain all rights, title and interest (including but not limited to intellectual property rights) that this EULA does not expressly grant to you. You shall not: (a) violate, tamper with, bypass, modify, defeat, or circumvent any of the functions or protections of the Software, or any mechanisms operatively linked to the Software; or (b) remove, alter, cover, or deface any trademarks or proprietary legends, notices or language in or on the Software.
INTERNET CONNECTIVITY AND THIRD-PARTY SERVICES
You understand, acknowledge and agree that access to certain Product features, including but not limited to registration of the Product, requires an internet connection for which you are solely responsible. You are solely responsible for payment of any third-party fees associated with your internet connection, including but not limited to internet service provider or airtime charges. Operation of the Product and Software may be limited or restricted depending on the capabilities, bandwidth or technical limitations of your internet connection and service. You understand, acknowledge and agree that internet connectivity in relation to the Product is provided by third parties over which Hunter Media Suisse Kowalczyk has no control, and is governed by the respective terms of such third parties. The provision, quality, availability and security of such internet connectivity, software and services are the sole responsibility of such third party.
EXCLUSION OF WARRANTY
THE SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE FURNISHED TO YOU “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES, DUTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND.
Hunter Media Suisse Kowalczyk, ITS AFFILIATES, AND THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, DUTIES AND CONDITIONS, EXPRESS (EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE BY THIS EULA) OR IMPLIED, STATUTORY OR OTHERWISE, OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Hunter Media, ITS AFFILIATES, AND THIRD-PARTY LICENSORS DO NOT WARRANT THAT THE SOFTWARE OR ACCOMPANYING DOCUMENTATION, WILL MEET YOUR REQUIREMENTS OR PROVIDE SPECIFIC RESULTS, OR THAT THEY WILL BE UPDATED, OR THAT THE OPERATION OF ALL OR ANY OF THEM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. FURTHERMORE, Hunter Media Suisse Kowalczyk, ITS AFFILIATES, AND THIRD-PARTY LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR ACCOMPANYING DOCUMENTATION IN TERMS OF THEIR ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE.
Hunter Media AND ITS AFFILIATES AND THIRD-PARTY LICENSORS SHALL HAVE NO RESPONSIBILITY FOR THE SECURITY OF, TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS OR PERSONALIZED SETTINGS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Hunter Media Suisse Kowalczyk, ITS AFFILIATES, Hunter Media AUTHORIZED REPRESENTATIVE OR ANY THIRD PARTY SHALL CREATE A WARRANTY, DUTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY, DUTY AND CONDITION.
SHOULD THE SOFTWARE OR THE MEDIA ON WHICH IT IS FURNISHED OR THE ACCOMPANYING DOCUMENTATION PROVE DEFECTIVE, YOU (AND NOT Hunter Media, ITS AFFILIATES, A Hunter Media Suisse Kowalczyk AUTHORIZED REPRESENTATIVE OR ANY THIRD PARTY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
WARNING: IF YOU ARE RECEIVING OR PURCHASING A TRIAL LICENSE, THE SOFTWARE MAY CONTAIN A MECHANISM THAT WILL CAUSE THE SOFTWARE TO CEASE PROPER OR FULL FUNCTIONING AFTER A CERTAIN PERIOD OF TIME. THIS MAY OCCUR BEFORE OR AFTER EXPIRATION OR TERMINATION OF THE LICENSE, SO YOU MUST BE PREPARED FOR SUCH EVENT AT ALL TIMES AND MAY NOT RELY ON THE SOFTWARE.
Without limiting the generality of the foregoing, you further understand, acknowledge and agree that the Software is not designed or intended for use on any other Product other than as the Product is presented. You expressly acknowledge and agree that any other hardware, software, content or data could be damaged by installing or using the Software on any other Product other than the Product, and Hunter Media, its affiliates and Third-Party Licensors are not responsible for any such damage.
LIMITATION OF LIABILITY
IN NO EVENT WILL Hunter Media Suisse Kowalczyk (INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE ISSUES RELATED TO THIRD PARTY LICENSORS), ITS AFFILIATES OR THIRD PARTY LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF OR RELATING TO THIS EULA ON ACCOUNT OF THE USE OR LOSS OF USE OF THE PRODUCT, SOFTWARE OR ACCOMPANYING DOCUMENTATION, DOWNTIME OR YOUR TIME, LOSS OF PRESENT OR PROSPECTIVE PROFITS, LOSS OF DATA, INFORMATION OF ANY KIND, BUSINESS PROFITS, OR OTHER COMMERCIAL LOSS, OR FOR ANY OTHER REASON WHATSOEVER, WHETHER BASED ON THEORIES OF CONTRACT OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), EVEN IF Hunter Media, ITS AFFILIATES OR THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PRODUCT, SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE FURNISHED TO YOU FOR USE AT YOUR OWN RISK. Hunter Media Suisse Kowalczyk, ITS AFFILIATES, AND THIRD-PARTY LICENSORS WILL NOT BE LIABLE FOR DAMAGES FOR BREACH OF ANY EXPRESS (EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE BY THIS EULA OR ACCOMPANYING DOCUMENTATION) OR IMPLIED WARRANTY, DUTY OR CONDITION, UNDER BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE PRODUCT, SOFTWARE, ACCOMPANYING DOCUMENTATION, OR THIS EULA.
Hunter Media Suisse Kowalczyk, ITS AFFILIATES, AND THIRD-PARTY LICENSORS CANNOT ENSURE THAT THE PRODUCT, THE SOFTWARE OR OTHER DATA YOU ACCESS OR DOWNLOAD FROM OR THROUGH THE PRODUCT WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES, AND Hunter Media, ITS AFFILIATES, AND THIRD-PARTY LICENSORS DISCLAIM ANY LIABILITY RELATED THERETO. Hunter Media Suisse Kowalczyk, ITS AFFILIATES AND THIRD-PARTY LICENSORS FURTHER DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PRODUCT or SOFTWARE. IF, NOTWITHSTANDING THE TERMS OF THIS EULA, Hunter Media Suisse Kowalczyk, ITS AFFILIATES and THIRD-PARTY LICENSORS ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH THIS EULA, INCLUDING BUT NOT LIMITED TO YOUR USE OF THE PRODUCT, THE SOFTWARE, OR ACCOMPANYING DOCUMENTATION, THEIR COLLECTIVE TOTAL AGGREGATE LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE MANUFACTURER’S SUGGESTED RETAIL PRICE OF YOUR PRODUCT.
Some jurisdictions may not allow exclusions or limitations of incidental or consequential damages, exclusions or limitations of implied warranties, duties or conditions, or allow limitations on how long an implied warranty, duty or condition lasts, so the above limitations or exclusions may not apply to you.
THIRD PARTY BENEFICIARIES
This EULA shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each Indemnified Party, and Third-Party Licensor shall be and is an express intended third-party beneficiary of, and shall be entitled to directly enforce and rely upon, each provision of this EULA that confers a right or remedy in favor of such party.
TERM AND SURVIVAL
This EULA is effective until terminated. Hunter Media Suisse Kowalczyk may terminate this EULA immediately if you fail to comply with its terms by giving you notice. In addition, upon termination you will have no recourse against Hunter Media Suisse Kowalczyk, its affiliates or Third-Party Licensors for your inability to use the Software or the accompanying documentation. Any of your obligations under this EULA which by their nature are intended to survive the termination of this EULA or your use of the Product or Software shall continue to apply to you after the termination of this EULA or you cease to use the Product or Software.
Direct Contact: +41 079 716 85 88