1. Parties
This End User License Agreement ("Agreement" or "EULA") is a legal contract between you ("End User", "you", or "your") and GAVO B.V. ("GAVO", "Licensor", "we", "us", or "our"), a company incorporated in the Netherlands, with respect to the software product(s), associated media, documentation, and updates provided to you ("Software").
2. Grant of License
Subject to your compliance with all terms and conditions of this Agreement, GAVO B.V. grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
- Install and use the Software on devices you own or control, solely for your personal or internal business purposes.
- Make one (1) copy of the Software for archival or backup purposes, provided the copy contains all original proprietary notices.
This license does not constitute a sale of the Software or any copy thereof. GAVO B.V. retains all right, title, and interest in and to the Software.
3. License Restrictions
You shall not:
- Copy, modify, adapt, translate, or create derivative works of the Software without express written permission from GAVO B.V.
- Sell, rent, lease, sublicense, lend, or otherwise transfer the Software or any rights therein to any third party.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software, except to the extent permitted by applicable law.
- Remove or alter any proprietary notices, labels, or marks on the Software.
- Use the Software for any unlawful purpose or in violation of any applicable laws or regulations.
- Use the Software to develop competing products or services without prior written consent from GAVO B.V.
- Circumvent, disable, or interfere with security-related features of the Software or features that enforce usage limitations.
4. Intellectual Property
The Software, including all copies thereof, is and shall remain the exclusive intellectual property of GAVO B.V. and/or its licensors. The Software is protected by copyright law (including Dutch Copyright Act / Auteurswet), international copyright treaties, and other applicable intellectual property laws.
This Agreement does not grant you any rights in the trademarks, service marks, trade names, or logos of GAVO B.V. All such rights are expressly reserved.
5. Updates and Upgrades
GAVO B.V. may, from time to time, provide updates, patches, bug fixes, or new versions of the Software ("Updates"). This Agreement applies to all Updates unless a separate license accompanies the Update. Updates may be provided automatically or may require manual installation. GAVO B.V. is not obligated to provide any Updates.
6. Third-Party Components
The Software may include third-party open-source components, libraries, or other materials. Such components may be subject to their own license terms, which are made available within the Software documentation or upon request. Your use of those third-party components is governed by their respective licenses.
7. Privacy and Data Collection
The Software may collect certain usage data or diagnostic information to improve performance and user experience. All data collection is carried out in accordance with our Privacy Policy and applicable data protection laws, including the EU General Data Protection Regulation (GDPR).
8. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAVO B.V. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- WARRANTIES THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
- WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF RESULTS OBTAINED THROUGH USE OF THE SOFTWARE.
YOU ASSUME ALL RISK ASSOCIATED WITH THE INSTALLATION AND USE OF THE SOFTWARE. YOUR SOLE REMEDY FOR DISSATISFACTION IS TO STOP USING THE SOFTWARE.
9. Limitation of Liability
⚠️ TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAVO B.V., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF GAVO B.V. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL CASES, GAVO B.V.'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE — REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE) — SHALL BE LIMITED TO A MAXIMUM AGGREGATE AMOUNT OF THIRTY UNITED STATES DOLLARS (USD $30.00).
This cap applies even if any remedy set forth herein is found to have failed its essential purpose. If you are dissatisfied with the Software or any portion of this Agreement, your exclusive remedy is to cease using the Software.
Some jurisdictions do not permit exclusion or limitation of incidental or consequential damages; in such jurisdictions, the above limitations shall apply only to the fullest extent permitted by law.
10. Indemnification
You agree to indemnify, defend, and hold harmless GAVO B.V. and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Software in violation of this Agreement.
- Your violation of any applicable law or regulation.
- Your infringement of any third-party intellectual property or other rights.
11. Term and Termination
This Agreement is effective from the date you first install or use the Software and continues until terminated.
GAVO B.V. may terminate this Agreement immediately, without notice, if you breach any term of this Agreement. Upon termination, all rights granted to you hereunder shall immediately cease, and you must uninstall and destroy all copies of the Software in your possession.
Sections 4, 8, 9, 10, 12, and 13 shall survive termination of this Agreement.
12. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Netherlands, specifically including the Dutch Civil Code (Burgerlijk Wetboek), without giving effect to any conflict-of-law provisions.
Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, or validity thereof shall be submitted to the exclusive jurisdiction of the competent courts located in the Netherlands.
If you are a consumer in the European Union, you may also be entitled to use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
13. Entire Agreement and Severability
This Agreement constitutes the entire agreement between you and GAVO B.V. with respect to the Software and supersedes all prior agreements, representations, and understandings.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
14. Amendments
GAVO B.V. reserves the right to modify this EULA at any time. We will notify you of material changes by updating the "Last updated" date and, where appropriate, through in-product notifications. Your continued use of the Software following the effective date of any modifications constitutes acceptance of the updated Agreement.
15. Contact Information
If you have any questions about this EULA or wish to seek permission for uses not covered herein, please contact us:
GAVO B.V.
Email: legal@gavobvsoftware.com
Website: gavobvsoftware.com