End User License Agreement

Before downloading / installing / purchasing ColorTells software (hereinafter referred to as the ColorTells App), please read this user license agreement carefully. By downloading / installing / purchasing this software, you agree to be bound by the terms of this contract. If you do not agree with the terms of this contract, do not download, purchase, install and / or use the software.

If You accept the terms and conditions in this EULA on behalf of a person or 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 person or company or other legal entity, and to legally bind such person or 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:

  1. "Activate" turning the Trial version into the Full version of the same application with the License Key provided by ColorTells;
  2. "License Key" an unique code provided by ColorTells, which enables You to activate the Trial version or Full version by entering the code into the ColorTells App and to subsequently use the ColorTells App during the applicable license term;
  3. "ColorTells" Beijing Weijian Technology Co., Ltd. ,The company of ColorTells App's creator;
  4. "ColorTells App" any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by ColorTells, including any Updates;
  5. "Trial version" the license for the ColorTells App for the term of 7 days to Use the ColorTells App for the sole purpose of testing and evaluating ColorTells App;
  6. "Full version" the license for the ColorTells App for the term specified on the webpage of the store where You purchase the license, or in any applicable agreement concerning the purchase of the license (as stand-alone product or as part of a subscription) to Use the ColorTells App;
  7. "Updates" any modified versions and updates of, and additions to the ColorTells App;
  8. "Use" the access, download, install, copy or get benefit from using the ColorTells App;
  9. "You" you, the final and ultimate user of the ColorTells App or the authorized representative of a company or other legal entity that will be the final and ultimate user of the ColorTells App, if applicable.
General
  1. This EULA applies to any licenses granted to You by ColorTells for the use of the ColorTells App.
  2. By purchasing a License Key for the ColorTells App and/or downloading and using the ColorTells App, You enter into this EULA with ColorTells.
  3. This EULA may be modified from time to time. ColorTells will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the provision of the License Key.
License
  1. ColorTells grants You a non-exclusive, non-transferable, limited, revocable license to Use the ColorTells App in accordance with this EULA. ColorTells reserves all rights not expressly granted to You.
  2. ColorTells is and remains the owner of any intellectual property rights with respect to the ColorTells App. You shall not acquire any ownership to the ColorTells App as result of Your purchase of the License Key or Your Use of the ColorTells App.
Permitted use and restrictions
  1. You may Use the ColorTells App on one computer only. If You exceed the limit, ColorTells may block the License Key.
  2. You shall Use the Full version or Trial version in accordance with applicable laws and shall not:
    1. use the Trial version on any system where the Trial version was previously Used and expired;
    2. rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key, the Full version, the Trial version;
    3. assign the License Key, the Full version, the Trial version without prior written approval of ColorTells;
    4. use the Full version, Trial version for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
    5. delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the ColorTells Mac 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 ColorTells App or the License Key or any parts thereof, except to the extent permitted by applicable law.
    6. bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the services (or other accounts, computer systems or networks connected to the services) or take any action that imposes or may impose an unreasonable or disproportionately large load on our (or our third-party providers') infrastructure;
  3. ColorTells may modify the ColorTells App at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates.
Maintenance and support
  1. ColorTells will notify You of any available Updates and upgrades.
  2. You will be entitled to receive Updates and Use ColorTells free of charge. During a period of six(6) or twelve (12) months upon purchasing the License Key for the Full version. In order to receive Updates after this six or twelve months' period, You will need to renew your License Key or Buy a new License for the Full version.
  3. You can download available Updates and upgrades from the website of ColorTells.
  4. Any maintenance and support provided by ColorTells, 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.
Use of data
  1. ColorTells and its subsidiaries may periodically collect and use technical and related data concerning the ColorTells App You have licensed, including about the version number of the ColorTells You have installed and about the system You have installed the ColorTells App on. ColorTells will use such data to facilitate maintenance and support with respect to the ColorTells App, to improve its products and to provide further services or technologies to You.
  2. ColorTells may process personal data with respect to You, if to the extent necessary to provide the License Key, to provide maintenance and support to You with respect to the ColorTells App and to comply with its obligations under this EULA. To the extent ColorTells will process personal data, it will comply with its obligations under applicable data protection law. Please see our Privacy Policy for more details on the processing of Your personal data that ColorTells has collected and received through its website.
Disclaimer
  1. You Use the ColorTells App at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
  2. The ColorTells App are provided on an "as is" and "as available" basis without warranty - express or implied - of any kind, and ColorTells specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by ColorTells, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.
  3. You are solely responsible for obtaining all computer equipment and connections required to access and use ColorTells App. ColorTells will not be responsible for the workings or failures of your computer equipment, network, software or Internet access.
  4. You are solely responsible for resolving any disputes you may have with other Site users. ColorTells may, but is not obligated to, assist you with this. ColorTells will have no liability whatsoever to you in connection with any such dispute, regardless of whether or not ColorTells assists you with that dispute.
Liability limitation

ColorTells and any third party that has been involved in the creation, production, or delivery of the ColorTells 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 ColorTells App).

If, despite all statement in this EULA , events occur that cause ColorTells, ColorTells App or Services, or a combination of the above, to be liable to you, the maximum amount of liability is limited to USD $99.

Termination
  1. This EULA will continue to be in force until the expiry or termination of the Full version or the Trial version.
  2. The Full version or Trial version will terminate automatically at the end of the applicable license term, unless repurchased, renewed or Activated prior to the end of the applicable license term.
  3. ColorTells is entitled to terminate the Full version or the Trial version by blocking the License Key during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your (subscription) fee for the License Key within the applicable payment term, or in the event ColorTells is required to do so by law or an order of an applicable court.
  4. Upon termination of the Full version or the Trial version, You shall cease all use of the ColorTells App.
  5. You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.
Payments and Billings

We use a third-party payment processor (the "FastSpring") to bill you through a payment account linked to your Account on the Services (your "Billing Account") for use of the Full Version. The processing of payments will be subject to the terms, conditions, and privacy policies of the FastSpring in addition to their Terms of Service. We are not responsible for error by FastSpring. We reserve the right to correct any errors or mistakes that the FastSpring makes even if the FastSpring has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other providers of your chosen Payment Method. If we, through the FastSpring, checked possible problems but still could not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

Please note that any payment terms presented to you in the process of using Full Version are deemed part of these Terms of Services. FastSpring, our third-party payment processor, will transmit invoices automatically by sending you an email after you've finished your purchasing of ColorTells App.

We may revise the price for Full Version at any time. If you are a Full Version user of ColorTells App, we will provide prior notice of any increase of fees.

Refund

The software provides a trial period, during which you can evaluate whether it meets the requirements for Your Use. If a refund is required due to special reasons after purchase, please write to customer service to request, ColorTells reserves the right of final decision.

Contacting us

If you have any questions about these Terms & Conditions or would like further information, please contact us by email. support@colortells.io