EULA (End User License Agreement) for the use of Furniture Studio Software, provided by Nikodem software®, the producer of Furniture Studio Software that reserves all rights.
BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON, OR BY DOWNLOADING, INSTALLING, ACTIVATING OR USING THE FURNITURE STUDIO SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND ITS CONTENTS, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
If you disagree with any of the terms and conditions below, Nikodem software® does not grant you a license to use Furniture Studio Software; click the “I Disagree” or “Cancel” button to exit the installer.
1. Licensed Use and Restrictions
Furniture Studio Software and all other Nikodem software® applications, documentation, and local computer files installed or utilized by the installer application (collectively, the “Furniture Studio Software“) are owned by Nikodem software, or Nikodem software’s licensors and content and data providers (“Nikodem software Licensors”), and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicensable basis on the terms and conditions set forth herein. This EULA defines the legal use of Furniture Studio Software, all updates, revisions, substitutions, and any copies of Furniture Studio Software made by or for you. All rights not expressly granted to you are reserved by Nikodem software or their respective owners.
Furniture Studio Software is protected by Copyright law, trademarks, service marks, international treaties, and/or other proprietary rights and law of the Czech Republic. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this EULA. This EULA grants you no right, title, or interest in any intellectual property owned or licensed by Nikodem software, including, but not limited to, the Furniture Studio and Nikodem software trademarks, and creates no relationship between yourself and Nikodem software’s Licensors, or between you and Nikodem software other than that of Nikodem software to licensee.
You agree that you will use Furniture Studio Software, and any data accessed through Furniture Studio Software, for your own personal or business use only as specified in section 2 of this EULA. Your license to use Furniture Studio Software, its components, and any third-party data will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of Furniture Studio Software, its components, and any third-party data. All rights in any third-party data, any third-party software, and any third-party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Agreement against you directly in their own name.
2. Your rights
Furniture Studio software was created to design and construction of furniture and joinery products.
a) use Furniture Studio on all of your supported personal devices. Your license authorizes you to use Furniture Studio for personal and/or business use, understanding that your license is limited for your individual use.
b) install and personally use Furniture Studio Software and any updates provided by Nikodem software (in its sole discretion) in object code form on a personal computer or other device owned or controlled by you and may use Furniture Studio Software for your own use. You are entitled to use any new Versions made available by Nikodem software during the term of the license. Nikodem software bears no responsibility to inform you of the availability of such software updates. You may terminate the EULA by discontinuing use of all or any of the Furniture Studio Software and by destroying all your copies of the applicable Furniture Studio Software. This EULA terminates automatically if you violate any term of this EULA, or Nikodem software publicly posts a written notice of termination on Nikodem software’s web site, or Nikodem software sends a written notice of termination to you.
YOU MAY NOT
a) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works or improvements from Furniture Studio Software or any portion thereof.
b) incorporate Furniture Studio Software into any computer chip or the firmware of a computing device manufactured by or for you. For such usage conditions, please contact firstname.lastname@example.org.
c) sell, lease, loan, distribute, transfer, or sublicense Furniture Studio Software or access thereto or derive income from the use whether for direct commercial or monetary gain or otherwise, without Nikodem software’s prior express written permission.
d) use Furniture Studio Software in a manner that breaches this agreement or the law of the Czech Republic or your jurisdiction. Specifically you may not use Furniture Studio Software to conduct or promote any illegal activities including uploading data of a harmful content or content that might be used for any illegal activities or that in any way violates the law or the rights of any third party (including any intellectual property rights),
If you violate any of these provisions, Nikodem software is entitled to immediately terminate this agreement and pass on to you the cost of any necessary remedy, as well as take any necessary (legal) steps to prevent you from further use of Furniture Studio Software without the possibility of refund.
3. FURNITURE STUDIO SOFTWAREIS PROVIDED “AS IS”. NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU USE THE SOFTWARE AT YOUR OWN RISK. THE PRODUCER IS NOT LIABLE FOR DATA LOSS, DAMAGES, LIMITATION OF SERVICE AVAILABILITY.
4. Promotional and Free Versions
You may use this software during a test period for the period indicated within the product. To continue using the Furniture Studio Software you must purchase a license during or following this test period. Nikodem software may at its sole discretion provide Furniture Studio Software with a certain set of features free of charge („Free Version“). The current list of available features included in the Free Version will be available on the Nikodem software website.
5. License fees and payments
There are no additional license fees, apart from the published subscription fees, and/or the cost of purchasing a license and upgrades associated with using your legally acquired version of the Furniture Studio Software. Nikodem software owns all rights to improvements, upgrades and fixes related to Furniture Studio Software („Improvements“) even in the event that any such improvements have been created based on feedback, ideas or suggestions submitted by you in any form. You will not be entitled to any compensation, including any royalties related to such Improvements.
6. Support and Software Updates
Nikodem software may elect to provide you with customer support and/or software upgrades, enhancements, or modifications to the Furniture Studio Software (collectively “Support”), at its sole discretion, and may terminate such Support at any time without notice to you. Nikodem software may change, suspend, or discontinue any aspect of the Furniture Studio Software at any time, including the availability of any Furniture Studio Software feature, database, or content. Nikodem software may also impose limits on certain features and services or restrict your access to parts or all of the Furniture Studio Software or the Nikodem software website without notice or liability.
7. Limitation of Liability
NIKODEM SOFTWARE ENTITIES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF FURNITURE STUDIO SOFTWARE BY YOU OR BY THIRD PARTIES, TO THE USE OR NON-USE OF ANY BROKERAGE FIRM OR DEALER, OR TO THE SALE OR PURCHASE OF ANY SECURITY, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY.
NIKODEM SOFTWARE ENTITIES AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED THROUGH FURNITURE STUDIO SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS FURNITURE STUDIO SOFTWARE, OR ANY DATA PROVIDED THROUGH FURNITURE STUDIO SOFTWARE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION. NIKODEM SOFTWARE MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF FURNITURE STUDIO SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN FURNITURE STUDIO SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU.
IF THE PROVISIONS IN THIS ARTICLE ARE VOID FOR ANY REASON OR NIKODEM SOFTWARE IS DEEMED LIABLE FOR LOSSES, DAMAGES ETC UNDER APPLICABLE LAWS. THE PARTIES AGREE THAT NIKODEM SOFTWARE‘S LIABILITY TO YOU WILL BE LIMITED TO THE TOTAL AMOUNT OF LICENSE FEES PAID BY YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NIKODEM SOFTWARE AND ITS EMPLOYEES, SUBSIDIARIES, AFFILIATES, REBRANDING AND OTHER PARTNERS FROM AND AGAINST ANY AND ALL THIRD-PARTY (INCLUDING OWNERS OF THE DEVICE OR PARTIES WHOSE RIGHTS WERE AFFECTED BY THE DATA USED IN FURNITURE STUDIO SOFTWARE OR IN STORAGE) CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES THAT SUCH PARTIES MAY INCUR AS A RESULT OF YOUR USE OF THE FURNITURE STUDIO SOFTWARE.
8. Data in the Furniture Studio Software
Unless otherwise, and explicitly, selected by you, all data entered by you that is saved into the Furniture Studio Software database is stored in unencrypted format on your computer, or other storage device as defined by you. You understand that in the case of deletion of, or damage to, any Furniture Studio Software database or other files, all the data contained therein will be irreversibly lost and you understand and accept the risk of such loss.
Transmission of Personal Data to Nikodem software®:
Any transactions over the Internet or e-mail whether or not in conjunction with the Furniture Studio Software is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting from downloading and/or using of any such material or service. To minimize the risk of losing valuable data, Nikodem software recommends that customers perform periodic backup of the database and other sensitive files to external drives. Nikodem software is not able to provide you with any assistance in recovering lost or damaged data.
By using Furniture Studio Software, you agree that the software may contact the Nikodem software servers from time to time in order to check for the license information, available patches, service packs and other updates that may improve, maintain, modify or enhance the operation of the Furniture Studio Software. The software may send general system information related to the functioning of the Furniture Studio Software.
Uninstall information and instructions:
Furniture Studio Software may be uninstalled by clicking the uninstall button. By uninstalling the Furniture Studio Software, you accept that you will lose access to all data in the encrypted database. Any information that you would like to retain from the database must be exported prior to uninstalling the Furniture Studio Software.
This EULA and the relationship between you and Nikodem software is governed by the law of the Czech Republic without regard to its conflict of law provisions. You and Nikodem software agree to submit to the personal and exclusive jurisdiction of the courts located in Prague, Czech Republic.