End-User License Agreement ("Agreement")
Last updated: April 13, 2021
Please read this End-User License Agreement carefully before clicking
the "I Agree" button, downloading or using Mimicc.
1 Interpretation and Definitions
================================
1.1 Interpretation
------------------
The words of which the initial letter is capitalized have meanings
defined under the following conditions. The following definitions shall
have the same meaning regardless of whether they appear in singular or
in plural.
1.2 Definitions
---------------
For the purposes of this End-User License Agreement:
- "Agreement" means this End-User License Agreement that forms the
entire agreement between You and the Company regarding the use of the
Application.
- "Application" means the software program provided by the Company
downloaded by You to a Device, named Mimicc
- "Company" (referred to as either "the Company", "We", "Us" or "Our"
in this Agreement) refers to Eurba Labs Development Tools, a series
of Eurba Labs LLC.
- "Content" refers to content such as text, images, or other
information that can be posted, uploaded, linked to or otherwise made
available by You, regardless of the form of that content.
- "Country" refers to: California, United States
- "Device" means any device that can access the Application such as a
computer, a mobile phone or a digital tablet.
- "Third-Party Services" means any services or content (including
data, information, applications and other products services) provided
by a third-party that may be displayed, included or made available by
the Application.
- "You" means the individual accessing or using the Application or
the company, or other legal entity on behalf of which such individual
is accessing or using the Application, as applicable.
2 Acknowledgment
================
By clicking the "I Agree" button, downloading or using the Application,
You are agreeing to be bound by the terms and conditions of this
Agreement. If You do not agree to the terms of this Agreement, do not
click on the "I Agree" button, do not download or do not use the
Application.
This Agreement is a legal document between You and the Company and it
governs your use of the Application made available to You by the
Company.
The Application is licensed, not sold, to You by the Company for use
strictly in accordance with the terms of this Agreement.
3 License
=========
3.1 Scope of License
--------------------
The Company grants You a revocable, non-exclusive, non-transferable,
limited license to download, install and use the Application strictly in
accordance with the terms of this Agreement.
3.2 License Restrictions
------------------------
You agree not to, and You will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host,
outsource, disclose or otherwise commercially exploit the Application
or make the Application available to any third party.
- Modify, make derivative works of, disassemble, decrypt, reverse
compile or reverse engineer any part of the Application.
- Remove, alter or obscure any proprietary notice (including any notice
of copyright or trademark) of the Company or its affiliates,
partners, suppliers or the licensors of the Application.
4 Your Suggestions
==================
Any feedback, comments, ideas, improvements or suggestions provided by
You to the Company with respect to the Application shall remain the sole
and exclusive property of the Company.
The Company shall be free to use, copy, modify, publish, or redistribute
the Suggestions for any purpose and in any way without any credit or any
compensation to You.
5 Third-Party Services
======================
The Application may display, include or make available third-party
content (including data, information, applications and other products
services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for
any Third-party Services, including their accuracy, completeness,
timeliness, validity, copyright compliance, legality, decency, quality
or any other aspect thereof. The Company does not assume and shall not
have any liability or responsibility to You or any other person or
entity for any Third-party Services.
You must comply with applicable Third parties' Terms of agreement when
using the Application. Third-party Services and links thereto are
provided solely as a convenience to You and You access and use them
entirely at your own risk and subject to such third parties' Terms and
conditions.
6 Term and Termination
======================
This Agreement shall remain in effect until terminated by You or the
Company. The Company may, in its sole discretion, at any time and for
any or no reason, suspend or terminate this Agreement with or without
prior notice.
This Agreement will terminate immediately, without prior notice from the
Company, in the event that you fail to comply with any provision of this
Agreement. You may also terminate this Agreement by deleting the
Application and all copies thereof from your Device or from your
computer.
Upon termination of this Agreement, You shall cease all use of the
Application and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company's rights
or remedies at law or in equity in case of breach by You (during the
term of this Agreement) of any of your obligations under the present
Agreement.
7 Indemnification
=================
You agree to indemnify and hold the Company and its parents,
subsidiaries, affiliates, officers, employees, agents, partners and
licensors (if any) harmless from any claim or demand, including
reasonable attorneys' fees, due to or arising out of your: (a) use of
the Application; (b) violation of this Agreement or any law or
regulation; or (c) violation of any right of a third party.
8 No Warranties
===============
The Application is provided to You "AS IS" and "AS AVAILABLE" and with
all faults and defects without warranty of any kind. To the maximum
extent permitted under applicable law, the Company, on its own behalf
and on behalf of its affiliates and its and their respective licensors
and service providers, expressly disclaims all warranties, whether
express, implied, statutory or otherwise, with respect to the
Application, including all implied warranties of merchantability,
fitness for a particular purpose, title and non-infringement, and
warranties that may arise out of course of dealing, course of
performance, usage or trade practice. Without limitation to the
foregoing, the Company provides no warranty or undertaking, and makes no
representation of any kind that the Application will meet your
requirements, achieve any intended results, be compatible or work with
any other software, applications, systems or services, operate without
interruption, meet any performance or reliability standards or be error
free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the
company's provider makes any representation or warranty of any kind,
express or implied: (i) as to the operation or availability of the
Application, or the information, content, and materials or products
included thereon; (ii) that the Application will be uninterrupted or
error-free; (iii) as to the accuracy, reliability, or currency of any
information or content provided through the Application; or (iv) that
the Application, its servers, the content, or e-mails sent from or on
behalf of the Company are free of viruses, scripts, trojan horses,
worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of
warranties or limitations on applicable statutory rights of a consumer,
so some or all of the above exclusions and limitations may not apply to
You. But in such a case the exclusions and limitations set forth in this
section 8 shall be applied to the greatest extent enforceable under
applicable law. To the extent any warranty exists under law that cannot
be disclaimed, the Company shall be solely responsible for such
warranty.
9 Limitation of Liability
=========================
Notwithstanding any damages that You might incur, the entire liability
of the Company and any of its suppliers under any provision of this
Agreement and your exclusive remedy for all of the foregoing shall be
limited to the amount actually paid by You for the Application or
through the Application.
To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, but not
limited to, damages for loss of profits, loss of data or other
information, for business interruption, for personal injury, loss of
privacy arising out of or in any way related to the use of or inability
to use the Application, third-party software and/or third-party hardware
used with the Application, or otherwise in connection with any provision
of this Agreement), even if the Company or any supplier has been advised
of the possibility of such damages and even if the remedy fails of its
essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or
exclusion may not apply to You.
10 Severability and Waiver
==========================
10.1 Severability
-----------------
If any provision of this Agreement is held to be unenforceable or
invalid, such provision will be changed and interpreted to accomplish
the objectives of such provision to the greatest extent possible under
applicable law and the remaining provisions will continue in full force
and effect.
10.2 Waiver
-----------
Except as provided herein, the failure to exercise a right or to require
performance of an obligation under this Agreement shall not affect a
party's ability to exercise such right or require such performance at
any time thereafter nor shall the waiver of a breach constitute a waiver
of any subsequent breach.
11 Product Claims
=================
The Company does not make any warranties concerning the Application.
12 United States Legal Compliance
=================================
You represent and warrant that (i) You are not located in a country that
is subject to the United States government embargo, or that has been
designated by the United States government as a "terrorist supporting"
country, and (ii) You are not listed on any United States government
list of prohibited or restricted parties.
13 Changes to this Agreement
============================
The Company reserves the right, at its sole discretion, to modify or
replace this Agreement at any time. If a revision is material we will
provide at least 30 days' notice prior to any new terms taking effect.
What constitutes a material change will be determined at the sole
discretion of the Company.
By continuing to access or use the Application after any revisions
become effective, You agree to be bound by the revised terms. If You do
not agree to the new terms, You are no longer authorized to use the
Application.
14 Governing Law
================
The laws of the Country, excluding its conflicts of law rules, shall
govern this Agreement and your use of the Application. Your use of the
Application may also be subject to other local, state, national, or
international laws.
15 Entire Agreement
===================
The Agreement constitutes the entire agreement between You and the
Company regarding your use of the Application and supersedes all prior
and contemporaneous written or oral agreements between You and the
Company.
You may be subject to additional terms and conditions that apply when
You use or purchase other Company's services, which the Company will
provide to You at the time of such use or purchase.
16 Third Party Software Terms And Conditions
============================================
16.1 LLVM
---------
This Application contains software from the LLVM Compiler Infrastructure
project. Legal information including license for each release can be
found at: https://llvm.org/
16.2 CTemplate
--------------
This Application uses the open source C++ template engine CTemplate.
CTemplate is licensed under the BSD 3-Clause license. Legal information
including license text can be found at:
https://github.com/OlafvdSpek/ctemplate.
17 Contact Us
=============
If you have any questions about this Agreement, You can contact Us:
- By email: legal@mimicc.dev
- By visiting this page on our website: https://mimicc.dev/contact-us
