End-User License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY
FXSyndrome End-User License Agreement ("Agreement")
Last updated on March 19, 2021.
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading, or using FXSyndrome PowerBin products ("Application").
By clicking the "I Agree" button, downloading or using the Application, you agree to be bound by the terms and conditions of this Agreement as well as to the terms of service of our website.
This Agreement is a legal agreement between you (either an individual or a single entity) and FXSyndrome. It governs your use of the Application made available to you by FXSyndrome.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
The Application is licensed, not sold, to you by FXSyndrome for use strictly in accordance with the terms of this Agreement.
FXSyndrome grants you a revocable, non-exclusive, non-transferable, limited number of downloads, install (or equivalent) and use the Application strictly in accordance with the terms of this Agreement. Two license variants were introduced on the 20th of March 2021; the Three-seat license covers three different machines, whereas the Multi (more than three seats) license covers as many machines as you need.
Both licenses cover all types of commercial and non-commercial work.
Those who made their purchase before the 20th of March 2021 are covered by the Multi (more than three seats) license.
You agree not to, and you will not permit others to:
license, sell, resell, 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 in the intent of claiming, selling, reselling, or distributing any part of the Application.
The Application, including without limitation all copyrights, patents, trademarks, trade secrets, and other intellectual property rights, shall remain, the sole and exclusive property of FXSyndrome.
Modifications to Application
FXSyndrome reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Updates to Application
FXSyndrome may, from time to time, provide enhancements or improvements to the Application's features/functionality, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates").
Updates may modify or delete certain features and functionalities of the Application. You agree that:
FXSyndrome has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
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 ("Third- Party Services").
You acknowledge and agree that FXSyndrome 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. FXSyndrome does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
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.
Term and Termination
This Agreement shall remain in effect until terminated by you or FXSyndrome.
FXSyndrome 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 FXSyndrome, if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies from your mobile device or your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or your computer.
Termination of this Agreement will not limit any of FXSyndrome'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.
You agree to indemnify and hold FXSyndrome 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.
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, FXSyndrome, 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, FXSyndrome provides no guarantee that the Application will meet your requirements, achieve any intended results, be compatible with any application versions, system hardware, meet any performance or reliability standards, or be error-free.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of FXSyndrome 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.
To the maximum extent permitted by applicable law, in no event shall FXSyndrome or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for 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 third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if FXSyndrome or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some countries/jurisdictions do not exclude or limit incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is deemed 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. The remaining provisions will continue in full force and effect.
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 after that. Nor shall be the waiver of a breach constitute waiver of any subsequent breach.
Amendments to this Agreement
FXSyndrome 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 before any new terms are taken effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our 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.
The Agreement constitutes the entire agreement between you and FXSyndrome regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and FXSyndrome.