EULA - Chat Mapper AI

Chat Mapper End User License Agreement

IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT (“LICENSE AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR LEGAL ENTITY) AND CHAT MAPPER. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN SELECT THE “CANCEL” BUTTON. DO NOT INSTALL THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE.

THIS LICENSE AGREEMENT SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY CHAT MAPPER HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.

DEFINITIONS
===========

(a) “Chat Mapper” and “Software” refers to the Chat Mapper program, in each case, supplied by Urban Brain Studios herewith, and corresponding documentation, associated media, and online or electronic documentation.

(b) “Chat Mapper” means Urban Brain Studios, Inc., a Delaware corporation.

(c) “Free Version” or “Freeware Version” or “Hobbyist Version” means a free version of the Software for personal use only, so identified, to be used only for non-profit projects. The Free Version is fully functional, but with some restrictions on the tools and options available.

(d) “Indie Version” means a version which has been bought and an independent developer license has been provided by Chat Mapper.

(e) “Commercial Version” means a version which has been bought and a commercial developer license has been provided by Chat Mapper.

GRANT OF LICENSE
=================
Chat Mapper hereby grants you the following rights provided that you comply with all the terms and conditions of this License Agreement:

FOR CHAT MAPPER FREE VERSION ONLY
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(a) Any project files or associated exported files generated by Chat Mapper Free Version MUST NOT be used for, or in relation with, any commercial or business purpose, whether “for profit” or “not for profit”. Any work performed or produced as a result of use of this Software cannot be performed or produced for the benefit of other parties for a fee, compensation or any other reimbursement or remuneration.

(b) The Chat Mapper Free Version may be freely distributed, with exceptions noted below, provided the distribution package is not modified in ANY WAY.

(c) The Chat Mapper Free Version may not be distributed inside of any other software package without written permission of Chat Mapper.

(d) The Chat Mapper Free Version allows the user to publish its work according to the license agreement, but neither Chat Mapper nor any principal, director, officer, employee, agent, shareholder or affiliate of Chat Mapper can or shall be held liable for the content of the publication.

FOR CHAT MAPPER INDIE VERSION ONLY
===================================

(a) You may install and use the Software on a single computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run. A license for the Software may not be shared, installed or used concurrently on different computers.

(b) The Chat Mapper Indie version allows the registered user to publish its work according to the license agreement, but neither Chat Mapper nor any principal, director, officer, employee, agent, shareholder or affiliate of Chat Mapper can or shall be held liable for the content of the publication.

(c) The Chat Mapper Indie version guaranties to the registered user free updates for a whole version cycle and for at least 12 (twelve) months.

(d) The Chat Mapper Indie version may not be licensed and used by any companies or incorporated entities that had more than 10 (ten) employees or a turnover in excess of $250,000 USD in their last fiscal year.

FOR CHAT MAPPER COMMERCIAL VERSION ONLY
==========================================

(b) The Chat Mapper Commercial version allows the registered user to publish its work according to the license agreement, but neither Chat Mapper nor any principal, director, officer, employee, agent, shareholder or affiliate of Chat Mapper can or shall be held liable for the content of the publication.

(d) The Chat Mapper Commercial version may be licensed by any company, incorporated entity, or individual.

RESTRICTIONS
=============

All rights to the Software and related documentation not expressly granted under this License Agreement are reserved to Chat Mapper, including all patent, copyright, trade secret, trademark and other proprietary rights therein. The Software is licensed, not sold. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer any version of the Software, or any subset of it, except as provided for in this License Agreement. Any such unauthorized use shall result in immediate and automatic termination of this License Agreement and may result in criminal and/or civil prosecution.

TERMS
======

This license granted pursuant to this License Agreement is effective until terminated. You may terminate said license by destroying the Software, the documentation and copies thereof. The license granted herein will also terminate if you fail to comply with any terms or conditions of this License Agreement or otherwise wrongfully use or disseminate any version of the Software or any subset of it. You agree upon such termination to destroy all copies of the Software and of the documentation, or return them to Chat Mapper. If, for any reason, the license granted pursuant to this Agreement is terminated, you will no longer have any right to use any version of the Software and the other provisions of this License Agreement will remain in force and effect.

LIMITED WARRANTY AND REMEDIES
===============================

CHAT MAPPER PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE CHAT MAPPER FREE VERSION. THE SOFTWARE AND DOCUMENTATION ACCOMPANYING THE CHAT MAPPER FREE VERSION ARE PROVIDED “AS IS.” CHAT MAPPER WILL NOT BE LIABLE FOR ANY DATA LOSS, DAMAGES, AND LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING THE CHAT MAPPER FREE VERSION.

Chat Mapper warrants that the Indie Version and the Commercial Version of the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt (this warranty is referred to herein as the “Limited Warranty”). If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE NINETY (90) DAY PERIOD OF THIS LIMITED WARRANTY. AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.

Your exclusive remedy for any breach of the Limited Warranty is as set forth below. Except for any refund elected by Chat Mapper, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Indie Version or Commercial Version does not meet the Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of the below section entitled “Exclusion of Incidental, Consequential and Certain Other Damages” are also incorporated into the Limited Warranty. 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. The Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. Chat Mapper and its suppliers’ entire liability and your exclusive remedy shall be to, at Chat Mapper’s option from time to time exercised subject to applicable law, (i) replace defective media or documentation, as the case may be, (ii) use reasonable efforts to correct significant defects in the Indie Version or the Commercial Version, whichever is applicable, without charge, or (iii) refund the license fee paid to Chat Mapper for the applicable copy of the Software and terminate all licenses granted to you for such copy. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Outside the United States or Canada, neither these remedies nor any product support services offered by Chat Mapper are available without proof of purchase from Chat Mapper or an authorized international source. To exercise your remedy, contact:

Chat Mapper
Attn: Warranty Support
PO Box 4076
Cerritos, California 90703
USA

DISCLAIMER OF WARRANTIES
=========================

The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Chat Mapper and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

By way of example, without limitation, Chat Mapper provides no warranties of any kind to any end-users accessing or otherwise using applications developed or otherwise obtained by you. Because programs such as the Software are inherently complex, Chat Mapper does not warrant that the Software is error-free or will operate without interruption. Furthermore, Chat Mapper does not warrant that the Software will work with any given database, network or network application. You acknowledge that due to the complexity of the Software, it is possible that use of the Software could lead to the unintentional loss or corruption of data. You assume all risks of such data loss or corruption. The Limited Warranty provided in this License Agreement does not cover any damages or losses resulting from data loss or corruption.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
===================================================================

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHAT MAPPER OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CHAT MAPPER OR ANY SUPPLIER, AND EVEN IF CHAT MAPPER OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY
=====================

Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Chat Mapper and any of its suppliers under any provision of this License Agreement and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Chat Mapper with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Software or U.S.$5.00. The foregoing limitations, exclusions and disclaimers (including those in the sections above entitled Limited Warranty and Remedies, Disclaimer of Warranties and Exclusion of Incidental, Consequential and Certain Other Damages) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

MISCELLANEOUS
===============

The internal laws of the State of California shall control this License Agreement, regardless of any laws on choice of law or conflicts of laws of any jurisdiction. This License Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods and will be deemed a contract under seal. Any dispute arising under or related to this License Agreement shall be resolved exclusively in state or federal court in Los Angeles County, California. You hereby consent to such exclusive jurisdiction and venue and waive any objections thereto.

This License Agreement (including any addendum or amendment to this License Agreement which is included with the Software) is the entire agreement between you and Chat Mapper relating to the Software and the support services (if any) and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this License Agreement.