FuzzyLocker Application – End-User License Agreement
Last updated: 5 July 2023
Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading or using the FuzzyLocker application.
By purchasing a License Key and/or downloading and using the FuzzyLocker application, You agree, without reservation to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase a License Key and/or download and use the FuzzyLocker application.
If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
You may not accept this EULA if You are not of legal age to form a binding contract with cat.NIP Solutions.
1) Definitions and expressions
In this EULA the expressions below, whether they appear in singular or in plural, shall have the meaning assigned to them in this clause, unless the context requires otherwise:
“Activate” – Turning the Demo version into an Active version (Free, Professional or Agency) of the same FuzzyLocker application with a License Key provided to You by JMG Consulting;
“Agreement” – This End-User License Agreement that forms the entire agreement between You and JMG Consulting regarding the use of the FuzzyLocker application;
“cat.NIP Solutions” – A commercial name referring to the line of solutions and services provided by JMG Consulting;
“Content” – All content such as text, images, video, sound, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
“Demo version” – A non-registered version of the FuzzyLocker application with the sole purpose of evaluating the FuzzyLocker application features, until it is Activated by a License Key;
“Device” – Any device that can access the FuzzyLocker application such as a computer, a cellphone or a digital tablet.
“FuzzyLocker application” (also referred to as “FuzzyLocker” or “the Application”) – The software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by JMG Consulting, including any Updates or Upgrades;
“Documentation” – Information about the FuzzyLocker application, its features and its system requirements as provided by JMG Consulting, as amended from time to time;
“Free version” – A license to Use the FuzzyLocker application for the term specified on the webpage where You purchase the license, or in any applicable agreement concerning the purchase of the license;
“JMG Consulting” (also referred to as either “JMGC”, “We”, “Us” or “Our”) – EI JMG Consulting, 34 les quatre chênes, F35760 Saint-Grégoire, France, a sole proprietor business registered as RCS RENNES 413351099;
“License Key” – A unique code provided by JMG Consulting, which enables You to Activate the unregistered Demo version into the Free, Professional or Agency version by entering the Key into the FuzzyLocker application and to subsequently use the FuzzyLocker application during the applicable license term;
“Nifty Improved Process for CAT” – A tagline for services provided under the name cat.NIP Solutions;
“Agency version” – A license to Use the FuzzyLocker application for the term specified on the webpage where You purchase the license, or in any applicable agreement concerning the purchase of the license;
“Professional version” – A license to Use the FuzzyLocker application for the term specified on the webpage where You purchase the license, or in any applicable agreement concerning the purchase of the license;
“Register” – Creating a User Account in order to Activate the FuzzyLocker application and enable its features;
“Third-Party Service” – Any service or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the FuzzyLocker application.
“Trial version” – A time-limited license to Use the FuzzyLocker application for the sole purpose of testing and evaluating the FuzzyLocker application;
“Update” – Any modified version and update of, or addition to the FuzzyLocker application (excluding upgrades of the FuzzyLocker application) that is Activated by the current License Key;
“Upgrade” – Any new version of the FuzzyLocker application or addition to the FuzzyLocker application (excluding updates of the FuzzyLocker application) that require Activation by a different License Key;
“Use” – To access, download, install, copy or get benefit from using the FuzzyLocker application in accordance with the documentation and the Terms of Use;
“You” – The final and ultimate user of the FuzzyLocker application or the authorized representative of a company or other legal entity that will be the final and ultimate user of the FuzzyLocker application, as applicable.
2) General
This EULA applies to any licenses granted to You by JMG Consulting for the use of the FuzzyLocker application.
By purchasing a License Key for the FuzzyLocker application and/or downloading and using the FuzzyLocker application, You enter into this EULA with JMG Consulting.
This EULA may be modified from time to time. JMG Consulting will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the provision of the License Key. Any modifications to this EULA shall only apply upon acceptance by You.
3) License
JMG Consulting grants You a non-exclusive, non-transferable, limited, revocable license to Use the FuzzyLocker application in accordance with this EULA. JMG Consulting reserves all rights not expressly granted to You.
JMG Consulting is and remains the owner of any intellectual property rights with respect to the FuzzyLocker application. You shall not acquire any ownership to the FuzzyLocker application as result of Your purchase of the License Key or Your Use of the FuzzyLocker application.
4) Permitted use and restrictions
In order to be able to install the FuzzyLocker application and receive Updates or Upgrades, Your computer shall have access to the Internet and shall meet the system requirements described in the documentation or on the website www.fuzzyreps.com.
You may Use the FuzzyLocker application on one computer only, unless You have purchased (a) a volume license or (b) more than one Active version. In the event You have purchased a volume license or more than one Active version, the number of computers You may Use the FuzzyLocker application on shall not exceed the number of the Active version purchased. If You exceed the limit, JMG Consulting may block the License Key.
You shall Use the Active version in accordance with applicable laws and shall not:
- use the Trial version on any system where the Trial version was previously Used and expired;
- rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key or the Active version;
- assign the License Key or the Active version without prior written approval of JMG Consulting;
- Use the FuzzyLocker application for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
- delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the FuzzyLocker application; or
- copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the FuzzyLocker application and the License Key or any parts thereof, except to the extent permitted by applicable law.
JMG Consulting may modify the FuzzyLocker application at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and Upgrades.
Certain components of the FuzzyLocker application may be Open Source Software and licensed under the terms of the applicable license(s) of the Open Source Software. You shall adhere to these terms and conditions, which can be found via the webpage: https://www.fuzzyreps.com/acknowledgements/.
5) Maintenance and support
JMG Consulting will notify You of any available Updates and Upgrades.
You will be entitled to receive Updates free of charge during a period of twelve (12) months upon purchasing the License Key for the Active version. In order to receive Updates after this twelve months’ period, You will need to renew your License Key for the Active version.
You may need to pay an additional fee in order to be able to download an Upgrade.
You can download available Updates and Upgrades from the website fuzzyreps.com.
Any maintenance and support provided by JMG Consulting, including the provision of Updates and Upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.
6) Use of data
JMG Consulting and its subsidiaries may periodically collect and use technical and related data concerning the FuzzyLocker application You have licensed, including about the version number of the FuzzyLocker application You have installed and about the system You have installed the FuzzyLocker application on. JMG Consulting will use such data to facilitate maintenance and support with respect to the FuzzyLocker application, to improve its products and to provide further services or technologies to You.
JMG Consulting may process personal data with respect to You, if and to the extent necessary to provide the License Key, to provide maintenance and support to You with respect to the FuzzyLocker application and to comply with its obligations under this EULA. To the extent JMG Consulting will process personal data, it will comply with its obligations under applicable data protection law. Please see our privacy statement for more details on the processing of Your personal data that JMG Consulting has collected and received through its website.
7) Disclaimer
You Use the FuzzyLocker application at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
The FuzzyLocker application and accompanying documentation are provided on an “as is” and “as available” basis without warranty – express or implied – of any kind, and JMG Consulting specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by JMG Consulting, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.
8) Liability limitation
The liability of JMG Consulting and any third party that has been involved in the creation, production, or delivery of the FuzzyLocker application for all damages arising out of or in any way relating to the Use of the Active version, the License Key, the FuzzyLocker application and/or this EULA shall in no event exceed the total amount of 50.00 € (fifty euro).
JMG Consulting and any third party that has been involved in the creation, production, or delivery of the FuzzyLocker application are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the FuzzyLocker application).
The limitations of liability referred to in clause 8.a and 8.b shall not apply in the event that: (i) any negligence on the part of JMG Consulting leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of JMG Consulting or the management of JMG Consulting.
9) Termination
This EULA will continue to be in force until the expiry or termination of the Active version.
The Active version will terminate automatically at the end of the applicable license term, unless renewed or Activated prior to the end of the applicable license term.
JMG Consulting is entitled to terminate the Active version by revoking and blocking the License Key during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your fee for the License Key within the applicable payment term, or in the event JMG Consulting is required to do so by law or an order of an applicable court.
Upon termination of the Active version, You shall cease all use of the FuzzyLocker application.
You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.
10) Governing law and disputes
This EULA shall be governed by and construed in accordance with the laws of the France, excluding its conflicts of law rules.
Any dispute between JMG Consulting and You shall exclusively be submitted to the competent court in Rennes, France.