END USER SOFTWARE LICENSE AGREEMENT – (EULA)
PLEASE READ THIS END USER SOFTWARE LICENSE AGREEMENT “LICENSE” CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU WILL NOT BE PERMITTED TO USE THE SOFTWARE.
1. The License
The TCommander Software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (the “Software”) are licensed to you by ‘Metasoft’. You own the media on which the Software is recorded, but ‘Metasoft’ and/or ‘TCommander’ licensor(s) retain title to the Software. The Software that you download from https://www.tcommanderbot.com/ and any copies that this License authorizes you to make are subject to this License. ‘Metasoft’ hereby grant you (the “User” and/or “you”) a non-transferable, non-sub, non-exclusive License for the use of TCommander Software, for a trial period of 7 days, under the restrictions of use contemplated in this Agreement. Under the License, the User can make use of the Software for the intended use only.
2. Permitted Uses and Restrictions
– This License allows you to install and use the Software on any amount of computers and devices at a time.
– Each License is restricted to be used per one server account. If you want to use the Software for other server accounts you must purchase more Licenses per each server account.
– You may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute, or creative derivative works based upon the Software in whole or in part or transmit the Software or a network. You may not transfer or assign your rights to this License. Your rights under this License will terminate automatically without notice from ‘Metasoft’ if you fail to comply with any term(s) of this License.
3. Term and Termination
This Eula and your right to download, update and use the Software will take effect at the moment you click “I ACCEPT” in the software installer and is effective until terminated, as set forth below.
This Agreement will terminate automatically if you click “I REJECT”, with the consequence that you will not be permitted to download or access the Software. This Agreement may be terminated by ‘Metasoft’ without notice at any time and for any reason. In addition, ‘Metasoft’ reserves the right at any time and on reasonable grounds, such as any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access the Software, in whole or in part, in order to protect its name and goodwill, its business and/or other authorized users, and if you fail to comply with this Agreement, subject to the survival rights of certain provisions identified below.
Termination is effective without notice. You may also terminate this Agreement at any time by ceasing to use the Software, subject to the survival rights below. Upon termination, you must remove the downloaded Software from your possession.
The following provisions shall survive termination of this Eula for any reason:
– License (1.)
– Permitted Uses and Restrictions(2.)
– Intellectual Property (4.)
– Disclaimer of Warranty on Software (6.)
4. Intellectual Property
TCommander Software does not contain any copyrighted material which does not belong to Metasoft.
TCommander Software does not include any images from any web game.
TCommander Software use its own graphics and images created by our designers which are copyrighted material.
The User expressly agree that all and any intellectual rights in the Software, including any changes, modifications etc., that will be made to the Software in the future, with or without connection to the User, are, and shall remain at all times, wholly and exclusively vested in ‘Metasoft’.’Metasoft’ expressly reserves all other rights not specifically granted herein to User. User understands that the Software as offered by ‘Metasoft’ is the intellectual property of ‘TCommander’ Software, and/or its affiliated companies, and/or its providers, in part or in full. It is hereby clarified that User neither has nor will have the right to copy, to modify, to disassemble, to hack nor to duplicate any proprietary right, of any kind whatsoever, in any matter whatsoever that relates to the Software and/or ‘Metasoft’ intellectual property rights, directly or indirectly, including without limitation any modifications, enhancements or derivatives thereof and/or even extra developments.
5. Third Party Technology Disclaimer
User acknowledges that some of the Software components and/or services are based on third parties and there might be latency, error, malfunction, delay in data etc. which ‘Metasoft’ has no control of, ‘Metasoft’ shall make all commercially reasonable efforts to make the Software available to the User, but shall not be responsible or liable for any direct, indirect, punitive, incidental, special or consequential damages that arise from any fault, inaccuracy, omission, delay or any other failure due to third party failure(s).
6. Disclaimer of Warranty on Software
You expressly acknowledge and agree that use of the Software is at your sole risk and responsibility. THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND AND ‘METASOFT’ EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
DUE TO GAME SERVERS WEBSITES ARE BEING UPDATED PERIODICALLY, ‘METASOFT’ DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. IF YOU DETECT AN ERROR IN THE SOFTWARE YOU MAY CONTACT OUR CUSTOMER SUPPORT SERVICE AND WE WILL TRY TO FIX THE ISSUE AS SOON AS POSSIBLE.
FURTHERMORE, ‘METASOFT’ DOES NOT TAKE ANY RESPONSIBILITY FOR SERVER ACCOUNTS OF WHICH TAKE DAMAGE BY USING THE SOFTWARE. HOWEVER WE WILL DO OUR BEST EFFORTS TO MAKE ‘TCOMMANDER SOFTWARE’ AS SAVE AS POSSIBLE.
‘METASOFT’ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. HOWEVER YOU MAY CONTACT US TO REQUEST NEW FEATURES IN OUR PUBLIC FORUM OR BY CONTACT FORM.
IN ADDITION, You understand and accept that ‘Metasoft’ cannot and does not guarantee or warrant that software available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints on your personal computer to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
7. Complete Agreement
This Eula, along with ‘TCommander Software’ website Privacy Policy, the Site Terms and Conditions, represent the entire agreement between you and ‘Metasoft’ with respect to use of the Software and the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and ‘Metasoft’.