indesignHTML5 EULA

END USER TERMS OF USE

NOTICE TO USER: PLEASE READ THIS END USER TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS ENTERED INTO BETWEEN RODRIGO SANDOVAL (“RS”) AND YOU. BY DOWNLOADING, INSTALLING, COPYING, OR USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ACCEPT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
BY CLICKING ACCEPT OR USING THE SOFTWARE, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT, WHICH IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY (SUCH AS AN EMPLOYER) ON WHOSE BEHALF THE SOFTWARE IS USED. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, ACCESS, OR USE THE SOFTWARE.
IF YOU VIOLATE OR PERMIT A VIOLATION OF THIS AGREEMENT, YOUR PERMISSION TO USE THE SOFTWARE TERMINATES IMMEDIATELY, AND YOU MAY BE SUBJECT TO LIABILITY FOR BREACH OF CONTRACT AND INFRINGEMENT OF INTELLECTUAL PROPERTY LAWS.

1. Definitions

  • “Computer” means a single physical or virtual electronic device with one or more central processing units that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
  • “Parent Software” means the host application in which a Plug-in Product operates.
  • “Plug-in Product” means a version of the Software that serves as an extension, add-on, or plug-in to another application.
  • “Software” means:
    1. All computer programs, machine-readable object code, installers, and files provided under this Agreement;
    2. Sample and stock photographs, images, sounds, clip art, templates, and other artistic works bundled with the software and not obtained through a separate service (“Content Files”);
    3. Related explanatory written materials and files (“User Documentation”); and
    4. Any modified versions, copies, upgrades, updates, and additions to the Software provided to You by RS at any time, unless governed by separate terms.
  • “You” and “Your” means you individually if you acquire and use the Software for yourself, or the company or other legal entity for which you acquire and use the Software (excluding affiliates, subsidiaries, or related corporate entities unless expressly agreed).

2. Permitted Use and Scope

Subject to Your continued compliance with this Agreement:
  • 2.1 General Use: RS grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable right to install and use the Software for Your internal or personal purposes solely in machine-readable object code form and consistent with the User Documentation.
  • 2.2 Backup Copy: You may make one (1) copy of the Software solely for archival and backup purposes, provided the copy is not used or installed concurrently for operational purposes.
  • 2.3 Documentation Copies: You may make a reasonable number of copies of the User Documentation for internal reference in connection with Your permitted use of the Software, provided that all original proprietary and copyright notices are preserved verbatim.
  • 2.4 Output Files: Without limiting Sections 5 and 6 below, access to, distribution of, and reliance upon any output files or digital media generated with the Software is entirely at Your own risk.

3. Intellectual Property Ownership

The Software, all copies thereof, and all worldwide intellectual property rights embodied therein are and remain the exclusive property of RS and his licensors.
  • The structure, organization, architecture, and source code of the Software are valuable trade secrets and confidential information of RS.
  • The Software is protected by applicable copyright, trade secret, trademark, and unfair competition laws, as well as international treaty provisions.
  • No title or ownership in the Software is transferred to You. All rights not expressly granted to You in this Agreement are reserved by RS.
  • Feedback: Any feedback, bug reports, feature requests, comments, or suggestions You provide relating to the Software shall become the sole and exclusive property of RS. You hereby assign and waive all intellectual property, moral, or proprietary claims to any such feedback without any entitlement to attribution or compensation.

4. Restrictions and Requirements

  • 4.1 Proprietary Notices: You may not remove, alter, obscure, or deface any copyright, trademark, patent, or proprietary rights notices contained on or within the Software or Documentation.
  • 4.2 Prohibited Transfer and Distribution: You shall not rent, lease, loan, sell, sublicense, distribute, redistribute, transmit, broadcast, circulate, host, time-share, or transfer the Software, or make it available on a network, service bureau, or cloud-hosted environment for access by third parties.
  • 4.3 No Reverse Engineering: You shall not reverse engineer, decompile, decrypt, disassemble, analyze, or attempt to derive the source code, underlying design, algorithms, or protocols of the Software, except solely to the non-waivable extent permitted by mandatory applicable law.
  • 4.4 No Modifications: You shall not modify, adapt, translate, port, or create derivative works based upon the Software or Documentation in whole or in part.
  • 4.5 Trademarks: All trademarks, service marks, logos, and product names relating to the Software are the exclusive property of RS. Nothing in this Agreement grants You any right to use, display, or reproduce such marks without prior written authorization from RS.
  • 4.6 Obligation of Notification: You agree to notify RS promptly in writing if You become aware of any unauthorized use, copying, or distribution of the Software.

5. Disclaimer of Warranties

THE SOFTWARE AND USER DOCUMENTATION ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, AND NON-INFRINGEMENT. RS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RISK AND RESPONSIBILITY FOR SELECTING, INSTALLING, USING, AND RELYING UPON THE SOFTWARE AND ANY OUTPUT GENERATED THEREFROM.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL RS, HIS AGENTS, CONTRACTORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
THIS INCLUDES, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, REPUTATION, OR BUSINESS OPPORTUNITIES; COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES; DOWNTIME, WORK STOPPAGE, COMPUTER FAILURE, OR CORRUPTION OF FILES; HARDWARE DAMAGE OR THEFT; PERSONAL INJURY; OR ANY CLAIMS ASSERTED BY THIRD PARTIES, EVEN IF RS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE THIS SOFTWARE IS PROVIDED FREE OF CHARGE, RS’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, SHALL BE STRICTLY LIMITED TO ZERO DOLLARS ($0.00 USD).
THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

7. Updates and Upgrades

RS is under no obligation to provide maintenance, technical support, bug fixes, patches, enhancements, or updates for the Software.
If RS chooses to provide an update or upgrade, such update shall be subject to the terms of this Agreement unless accompanied by a separate agreement. Installation of an update or upgrade may supersede, disable, or modify earlier versions of the Software.

8. Internet Connectivity and Data Collection

  • 8.1 Automatic Connections: The Software may cause Your Computer to automatically connect to the Internet and communicate with RS servers without additional notice for purposes that include checking for updates, verifying installation integrity, and delivering informational messages.
  • 8.2 Diagnostic & Environmental Data: When communicating with RS servers, the Software may transmit non-personal technical data including your IP address, operating system, Parent Software version, session identifiers, hardware specifications, and usage telemetry. RS may use this information to measure traffic, evaluate product performance, and improve tools.
  • 8.3 Privacy Policy: All information transmitted to or handled by RS is governed by RS’s applicable privacy policy and website terms of use.

9. Online and Third-Party Services

  • 9.1 First-Party Services: The Software may facilitate automated access to online resources, documentation, or downloadable assets provided by RS, which may be modified or discontinued at any time.
  • 9.2 Third-Party Services: The Software may facilitate access to websites, APIs, tools, or content maintained by third parties (“Third-Party Services”). RS does not review, monitor, endorse, or assume responsibility for Third-Party Services. Your use of Third-Party Services is strictly governed by the separate legal agreements, policies, and terms established by those third parties.

10. Peer-to-Peer / Local Network Communication

The Software may utilize Your local area network (LAN) connection to communicate with other running instances of RS software on the same network (for example, to synchronize local tools or prevent local execution conflicts). These connections may broadcast your local IP address within your local subnet. You may review the User Documentation for configurable network preferences.

11. Export Regulations

You agree that the Software will not be downloaded, shipped, transferred, or exported into any country, or used in any manner prohibited by applicable trade embargoes, sanctions, or international export control laws.

12. Term and Termination

  • 12.1 Term: This Agreement is effective upon Your initial download, installation, or use of the Software and remains in effect until terminated.
  • 12.2 Termination by You: You may terminate this Agreement at any time by ceasing all use and irreversibly deleting or destroying all copies of the Software and Documentation in Your possession or control.
  • 12.3 Termination by RS: RS may terminate or revoke this Agreement and Your permission to use the Software at any time, with or without cause, immediately upon notice or publication, or automatically if You fail to comply with any term herein.
  • 12.4 Effect of Termination: Upon termination, You must immediately stop using the Software and destroy all full and partial copies. Sections 3, 4, 5, 6, 8, 9, 13, 14, 15, and 16 shall survive any termination of this Agreement.

13. Governing Law and Jurisdiction

This Agreement shall be governed by, interpreted, and construed in accordance with substantive applicable law, without giving effect to any conflict of law principles that would result in the application of the laws of another jurisdiction.
You and RS submit to the jurisdiction of the competent courts presiding over the location of RS for any legal action or proceeding arising out of or relating to this Agreement. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed and excluded.

14. Severability and Interpretation

If any provision of this Agreement is held to be invalid, void, illegal, or unenforceable by a court of competent jurisdiction, such holding shall not impair or invalidate the remainder of this Agreement, which shall remain in full force and effect. The unenforceable provision shall be reformed only to the minimum extent necessary to make it valid and enforceable while preserving the original intent. The headings in this Agreement are for convenience only and do not affect construction or interpretation.

15. Modifications to Agreement

RS reserves the right to modify or amend this Agreement at any time. When modifications are made, RS will provide notice by updating the version posted online or notifying users electronically. Continued access to or use of the Software following notification constitutes Your binding acceptance of the revised terms.

16. Entire Agreement, Non-Assignment, and No Waiver

  • Entire Agreement: This Agreement constitutes the complete and exclusive understanding between You and RS regarding the Software, superseding all prior oral or written discussions, promises, proposals, or communications.
  • No Assignment: You may not assign, sublicense, delegate, or transfer any rights or obligations under this Agreement, by operation of law, change of control, or otherwise, without the express prior written consent of RS. Any attempted assignment without consent is null and void.
  • No Waiver: No delay or omission by RS in exercising any right or power under this Agreement shall operate as a waiver of that right or any subsequent breach.