Creately Desktop - End User License Agreement (EULA)

The End User License Agreement below covers the Software Products - "Creately Desktop (Beta)" and "Creately Desktop".

END-USER LICENSE AGREEMENT FOR CREATELY DESKTOP IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: Cinergix Pty Ltd's End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Cinergix Pty Ltd. for the Cinergix Pty Ltd software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Cinergix Pty Ltd, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

  1. GRANT OF LICENSE.
    The SOFTWARE PRODUCT is licensed as follows:

    1. Installation and Use.
      Cinergix Pty Ltd grants you the right to install and use licensed copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Operating systems which are supported by the Adobe Air environment].

    2. Backup Copies.
      You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.

  2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

    1. Maintenance of Copyright Notices.
      You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.

    2. Distribution.
      You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from Cinergix Pty Ltd's websites may be freely distributed.

    3. Prohibition on Reverse Engineering, Decompilation, and Disassembly.
      You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

    4. Rental.
      You may not rent, lease, or lend the SOFTWARE PRODUCT.
    5. Support Services.
      Cinergix Pty Ltd may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.

    6. Compliance with Applicable Laws.
      You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.

  3. TERMINATION
    Without prejudice to any other rights, Cinergix Pty Ltd may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.

  4. COPYRIGHT
    All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Cinergix Pty Ltd or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Cinergix Pty Ltd.

  5. NO WARRANTIES
    Cinergix Pty Ltd expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness for a particular purpose. Cinergix Pty Ltd does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Cinergix Pty Ltd makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Cinergix Pty Ltd further expressly disclaims any warranty or representation to Authorized Users or to any third party. Cinergix Pty Ltd makes no warranties as to the suitability, reliability, or availability with relation to the Diagrams Anywhere service when used in conjunction with the SOFTWARE PRODUCT.

  6. LIMITATION OF LIABILITY
    In no event shall Cinergix Pty Ltd be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if Cinergix Pty Ltd has been advised of the possibility of such damages. In no event will Cinergix Pty Ltd be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Cinergix Pty Ltd shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

Questions about this End User License Agreement (EULA) should be sent to support at creately dot com.

Cinergix Pty Ltd
ACN: 130 459 906
ABN: 69 130 459 906

1/28 Mentone Parade, Mentone, Victoria 3194, Australia

Version 1 - 5 January 2011