PacKit - End User License Agreement
THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND CAPHYON. IT PROVIDES A LICENSE TO USE THIS SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU ARE INDICATING YOUR ASSENT TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, DO NOT DOWNLOAD OR INSTALL THE SOFTWARE, DISCONTINUE ITS USE IMMEDIATELY AND DESTROY ALL COPIES IN YOUR POSSESSION.
1. DEFINITIONS
a) “Caphyon” means Caphyon SRL.
b) “Software” means the executable code of PacKit, additional tools, libraries, source files, header files, data files, any updates or error corrections provided by Caphyon, any user manuals, guides, printed materials, on-line or electronic documentation.
c) “License Key” means a serial number issued to you by Caphyon to activate and use the Software.
d) “Named User” is an individual authorized by You to use the Software through the assignment of a single user ID, in your Account, regardless of whether or not the individual is using the Software at any given time. A non-human operated device is counted as a User in addition to all individuals authorized to use the Software, if such device can access the Software.
e) “Account” reffers to the PacKit account that you create either by signing up on this website or when you purchase an PacKit product, with all its related items (users and licenses).
i) “Registration” means the process by which you sign up for an Account and provide current and accurate identification information with the scope of accessing and using the Software.
g) “Device” means the environment, physical or virtual, used by an end-user of your company to consume the applications delivered or updated using PacKit.
2. LICENSE GRANTS
2.1 Freeware Features License. Caphyon grants you an unlimited license to use the Freeware Features of the Software. The install packages created using only the Freeware Features can be freely redistributed and used both in commercial and non-commercial purpose.
2.2 Trial Period License. You may download and use the Software for free for thirty (30) days after installation (“Trial Period”). During the Trial Period, Caphyon grants You a limited, non-exclusive, non-transferable, non-renewable license to copy and use the Software for evaluation purposes only and not for any commercial use. At Caphyon’s discretion, Caphyon may provide limited support through email or discussion forums at Caphyon web site. The evaluation copy of the Software contains a feature that will automatically disable the Software at the end of Trial Period. Caphyon will have no liability to you if this feature disables the Software.
2.3 License After Trial Period. This Software is licensed, not sold. During the Trial Period, You have the option of paying a license fee in order to use the Software after the expiration of the Trial Period or purchase an annual Subscription. Upon your payment of the license or subscription fee, Caphyon provides you with a permanent registration number (“License key”) and grants you a limited, non-exclusive, non-transferable license to:
a) use the Software on a Named User basis meaning specific individuals are authorized to access the Software and the total number of named users may not exceed the total number licensed by You.
b) copy the Software in machine-readable form solely for archival and backup purposes.
c) freely create and redistribute an unlimited number of install packages to an unlimited number of users.
2.4 The Named User of the Software may install and use the Software on up to five computers (including operating systems and Virtual Machine Environments).
3. LICENSE RESTRICTIONS
3.1 You shall undertake any necessary steps to protect the License Key against unauthorized use.
3.2 You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
3.3 You may not sell, rent, lease, sub license, transfer, resell for profit or otherwise distribute the Software or any part thereof.
3.4 You may not modify the Software or create derivative works based upon the Software.
3.5 You may not remove or obscure any copyright and trademark notices relating to the Software.
4. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
4.1 This Agreement gives you limited rights to use the Software. Caphyon retains all rights, title and interest in and to the Software and all copies thereof, including copyrights, patents, trade secret rights, trademarks and other intellectual property rights. All rights not specifically granted in this Agreement, including International Copyrights, are reserved by Caphyon. The structure, organization and code of the Software are valuable trade secrets and confidential information of Caphyon.
5. LIMITATION OF LIABILITY
5.1 Caphyon’s cumulative liability to You or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Caphyon for use of the Software.
5.2 Caphyon shall be relieved of any and all obligations for any portions of the software that are revised, changed, modified, or maintained by anyone other than Caphyon.
6. PATENT AND COPYRIGHT INDEMNITY
6.1 Caphyon represents and warrants that the Software shall not infringe or misappropriate any copyrights, patents, trade secret rights, trademarks and other intellectual property rights.
6.2 In the event the Software is found to infringe, Caphyon will have the option, at its expense, to
a) modify the Software to cause it to become non-infringing;
b) substitute the Software with other Software reasonably suitable to You, or
c) if none of the foregoing remedies are commercially feasible, terminate the license for the infringing Software and refund any license fees paid for the Software.
6.3 Caphyon will have no liability for any claim of infringement based on
a) code contained within the Software which was not created by Caphyon;
b) use of a superseded or altered release of the Software, except for such alteration(s) or modification(s) which have been made by Caphyon or under Caphyon’s direction, if such infringement would have been avoided by the use of a current, unaltered release of the Software that Caphyon provides to You, or
c) the combination, operation, or use of any Software furnished under this Agreement with programs or data not furnished by Caphyon if such infringement would have been avoided by the use of the Software without such programs or data.
7. LIMITED WARRANTIES
7.1 THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. CAPHYON MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. CAPHYON MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. IN PARTICULAR, THE SOFTWARE IS NOT DESIGNED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE. CAPHYON EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES.
7.2 Caphyon warrants that it holds the proper rights allowing it to license the Software and is not currently aware of any actions that may affect its rights to do so.
7.3 Caphyon cannot guarantee that the Software will work at all times. If you change your operating system, the software may not work anymore. You acknowledge and agree that such changes are fair and reasonable.
7.4 You should make sure that it is legal to use the Software in your country or jurisdiction. Caphyon only provides a license for You to use the software. It is Your responsibility to make sure that You are allowed to use the Software.
7.5 Caphyon reserves the right at any time to cease the support of the Software and to alter prospectively the prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
8. SUPPORT
8.1 Caphyon reserves the right to limit or cease product support and updates for such discontinued version. Caphyon reserves the right to discontinue free support with thirty (30) days written notice posted to the Caphyon or the Software web site.
9. INTERNET-BASED SERVICES
9.1 Consent for Internet-Based Services. Certain Software features connect to Caphyon or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off these features or not use them. BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Caphyon does not use the information to identify or contact you. For more information, see www.advancedinstaller.com/privacy-policy.html
9.2 Computer Information. The Software features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Caphyon uses this information to make the Internet-based services available to you.
9.3 Installation telemetry data, no personally identifiable software and hardware information, is gathered when you install PacKit through our Installer Analytics platform. This data is used only for improving the software product and services we provide you with.
10. HIGH RISK ACTIVITIES
10.1 The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). Caphyon and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
11. THIRD PARTY SITES AND SOFTWARE
11.1 The Software will direct you to third party Web sites. Caphyon does not control, endorse, or guarantee content, including software, data or other information found on such third party sites. You agree that Caphyon is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that Caphyon shall not be liable for any loss or damage of any sort associated with your use of third party content. Access to these sites is provided for your convenience only.
11.2 The Software contains third party software. By accepting this EULA, You are also accepting the additional terms and conditions with respect to such software, if any, forth herein.
11.3 PacKit uses the PSAppDeployToolkit (https://psappdeploytoolkit.com/)
12. AUDIT RIGHTS
12.1 Caphyon audits your use of the Software to verify compliance with this Agreement. The Software is configured to enable periodic HTTPS communication with Caphyon. During this communication, license information is transmitted from the Software to Caphyon to ensure license compliance. The information transmitted during these periodic updates includes the operating system, license serial number, and other relevant information to verify compliance. If you are unwilling to provide this communication capability, you may opt out of ongoing communication, but you will no longer receive Software updates and search engine configuration updates. If the usage of the Software is considered to be out of compliance with this Agreement, the Software may, without notice, cease to function.
12.2 During the audit process, Caphyon has the ability to personally identify the individual that registered with Caphyon to acquire the Software license (“Registrant”) through the identification number assigned to your account at the time of registration, by using the personal information the Registrant provided to Caphyon during the registration process. Such personal information will only be used by Caphyon in connection with such audit process.
13. SEVERABILITY
13.1 If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected.
14. GOVERNING LAW
14.1 This Agreement is to be governed by and construed in accordance with the laws and jurisdiction of the defending party. Service of process upon either party shall be valid if served by registered or certified mail, return receipt requested and to the most current address provided by such party. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
15. TERMINATION
15.1 Your license to use the Software continues until terminated. This license will terminate automatically if you fail to comply with any term hereof. If the Software is licensed on subscription basis, this Agreement will automatically terminate upon the termination of your subscription period. No notice shall be required from Caphyon to effect such termination. You may also terminate this Agreement at any time by notifying Caphyon in writing of termination. On termination, you must destroy all copies of the Software. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.
16. ASSIGNMENT
16.1 Neither this Agreement nor any rights granted hereunder may be sold, leased, assigned, or otherwise transferred, in whole or in part, by you, whether voluntary or by operation of law. Any such attempted assignment shall be void and of no effect without the prior written consent of Caphyon.
17. ENTIRE AGREEMENT
17.1 This Agreement contains the entire agreement between Caphyon and You related to the software and supersedes all prior agreements and understandings, whether oral or written. It may be amended only by a writing executed by both parties.
