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Cursr

End-User License Agreement (EULA)

This End-User License Agreement (EULA) is a legal agreement between user and Bitgapp Ltd. It governs user's acquisition and use of Cursr Software.

Read this EULA agreement and Terms & Conditions (T&C) carefully before downloading/purchasing, installing or otherwise using the Cursr Software. By using the Cursr Software in any way, user is confirming the acceptance of the Software and agreeing to become bound by the terms of this EULA agreement and T&C. This EULA agreement is effective from the date user first uses the Software in any way and shall continue until terminated.

EULA does not apply to any open source components that the Cursr software makes use of, referring only to proprietary components developed by Bitgapp.

Definitions

  • Agreement - a contract between the parties incorporating this document, and any amendments to that contract from time to time
  • Content - text, graphics, animations, user and visual interfaces, images, trademarks, logos, music, videos, design, artwork and computer code.
  • Cursr - irrespective of the version nomenclature, the base product name.
  • Software - Cursr software including any content incorporated into the Software and any “online” or electronic documentation collectively.
  • System - Computer (ex. home computer or a workstation) on which Software will be installed.
  • Use - downloading, installation, copying, storing, executing, loading, searching, displaying or otherwise using the Software.
  • User - individual or legal entity using Software, services or site.
  • Account - user profile created/registered for use with Software for means of profile management, authentication and authorization to access services provided by Bitgapp.

Copyright

The Software is licensed, not sold, therefore any and all copies of Bitgapp Software are owned by Bitgapp. This agreement only gives user some rights to use the software as expressly permitted in this agreement. Bitgapp reserves all other rights. With exception to open-source components, Bitgapp will at all times retain ownership of the Software and its associated documents as originally downloaded by user and all subsequent downloads of the Software. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made to it) are and shall remain the property of Bitgapp.

Limitation of Liability

Bitgapp is not liable for any acts, omissions and conduct of any third parties in connection with or related to user use of Bitgapp site, software or services.

In no event shall Bitgapp be liable to the user for any loss, damages, claims or costs whatsoever, including any special, consequential, indirect or incidental damages, any lost profits or lost savings, lost data, loss of privacy, any damages resulting from business interruption, personal injury or failure to meet any duty of care, or claims by a third party arising out of the use or inability or inappropriate use of the Software, even if Bitgapp has been advised of the possibility of such loss, damages, claims or costs in advance.

Limited Warranty

The Software is provided “As Is” without warranty of any kind, express or implied, including, but not limited to, warranties of performance or merchantability or fitness for a particular purpose. If the Software does not perform substantially in accordance with the documentation, user's exclusive remedy will be limited to, at Bitgapp sole discretion, correction of the defect in the Software, if any, or refund of the actual cost paid by the user for the Software, subject to "Disclaimer" section in T&C. Alternatively user can terminate agreement as described in "Termination" section.

Bitgapp will try to resolve the issues arising from this Software, however cannot warrant:

  • Performance of the Software on user's specific System.
  • Compatibility with third-party software or hardware.
  • That the Software will meet user's requirements.
  • That the operation of Software will be uninterrupted or error-free.
  • That all errors will be corrected.

This limited warranty is void if failure of the Software has resulted from accident, abuse, misapplication or violating the EULA or T&C.

Support

Company offers online support for this Software, pre and post sale. The nature of support can be free or on payment basis and the option of switching from free or on payment basis may be amended without prior notice, at the discretion of Bitgapp. Bitgapp will try to resolve the issues arising from this Software. User will cooperate with the company support team for investigation of issues.

Risk

Cursr is intended to be used as a personal utility tool. Cursr enhances the cursor handling by using proprietary algorithms and manipulating System's cursor position. The Software is designed and thoroughly tested by Bitgapp to override System's cursor position only when certain conditions (defined by user within the Software) are met which under normal usage do not cause loss of control over the cursor by user or any other System usage interruptions.

User is solely responsible for all the actions and bears all risk relating to the use of the Software.

Updates

Bitgapp may from time to time issue updates or upgrades of the Software, including on different application platforms. The software may periodically check for updates, download and install them for the user. User agrees to receive these automatic updates without any additional notice, but may turn off automatic software updates using the Software settings in user interface.

All updates and upgrades will be available to the user at a fixed price, subscription or free of cost, and on the conditions prescribed by Bitgapp. Bitgapp keeps the exclusive rights whether to develop or maintain the Software further or to withdraw the Software from offering for download, without any prior notice to the user.

Data

The software may collect information about user, user’s system and use of the software, and send that to Bitgapp. You may opt-out of some of these scenarios, but not all.

Data collected by the software:

  • User’s system information and/or user related information - Mandatory as part of necessitating an update/upgrade and maintenance or fraud detection with regards to the Software.
  • Software log information - used to help detect and resolve errors as well as optimise the Software.

Bitgapp undertakes to store such information securely in an encrypted form and take all reasonable measures to prevent any unauthorized use of such information. More information can be found in Privacy Policy.

Governing Law

The Software and its associated documents are exported from the United Kingdom. This EULA is expressly made subject to any Laws, regulations, orders, or other restrictions on the export from the United Kingdom, of the Software or information about such Software, which may be imposed from time to time by the Government of the United Kingdom.

EULA shall be governed, construed and implemented by the laws of the United Kingdom without giving effect to conflict of laws principles. All disputes under EULA shall be subject to the exclusive jurisdiction of the High Court of Justice of England and Wales.

Legal Terms and Restrictions

  • No failure to enforce any term of this EULA shall constitute a waiver of such term.
  • User shall not assign its obligations hereunder in whole or in part without the prior written approval of Bitgapp.
  • If any part of this EULA is for any reason found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this EULA shall not be affected and shall remain in effect.

Age Factor

Users below 18 years of age should receive parental or guardian guidance related to downloading and using the Software. If user is below 18 years of age, Bitgapp assumes that user has obtained necessary permission or guidance before downloading or using the application and that user's parents or guardians have no objection in this regard and have read, understood and accepted the EULA and T&C agreements on behalf of user. In certain countries, the minimum age for downloading, installing or using digital Software may vary subject to local laws and Bitgapp assumes that the user has made an informed and legal decision.

Third Party Vendors

Cursr uses third party services in order to analyse Software usage and improve user experience:

  • Google Analytics - for purpose of analysing usage of the Software.

License Grant

User may download Cursr and purchase a license from Bitgapp website or through other authorized third party websites for personal use. All licenses to the Software are revocable, non-exclusive, non-transferable, limited licenses to install and use the copy of the Software and its associated documents.

User is not permitted to, nor can allow any other person to:

  • Modify, adapt, translate, de-compile, disassemble or reverse engineer the Software or any portion thereof, in any manner.
  • Attempt to break security, access, tamper with or use any unauthorized portion of the Software.
  • Remove any Copyright, Trade Mark or other proprietary rights notices contained in the Software.
  • Attempt to collect or maintain any information about other users of the Software or other third parties for unauthorized purposes.
  • Transmit or attempt to transmit the Software over any network or between any devices unauthorized, enabling the use of the Software on multiple Systems.
  • Cause any portion of the Software to be copied onto another person’s System.
  • Use the Software for transmission of any viruses, worms, defects, Trojan horses or other malicious code or items of a destructive nature.
  • Use the Software for any unlawful, copyright infringement, harassing, abusive, criminal or fraudulent purposes.
  • Rent, lease, sell, sublicense, assign or transfer rights in the Software

Termination

Upon termination, the licenses granted by this EULA agreement will immediately terminate and user agrees to cease all access and use of the Software.

Agreement can be terminated:

  • By user at any time upon ceasing all use of and uninstalling/removing all copies of the Software (with all of its contents).
  • By Bitgapp if user fails to comply with any term of this EULA or T&C agreement. In such case termination of agreement may be immediate and without notice. Bitgapp may, at its sole discretion, initiate legal action against user in case of violation of this EULA or T&C agreement, which may result in civil and/or criminal penalties for the user.
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