VERSIONS LICENSE AGREEMENT

Last Updated: January 13, 2021

This Agreement is a legal agreement for the licensed use of the Versions application (“Versions”) between you, either an individual or as an authorized representative of a legal entity (“you”) and Letter Opener GmbH, a limited liability company established and existing under the laws of Austria (“Letter Opener”). By downloading, installing, copying or otherwise using all or any portion of Versions you agree to be bound by the terms and conditions of this Agreement. If you do not agree to this Agreement, you are not authorized or licensed to use Versions.

Versions, together with all materials included in or distributed through it, is licensed, not sold, to you by Letter Opener. Letter Opener reserves all rights not expressly granted to you within this Agreement.

LICENSE GRANT

Subject to the terms and conditions of this Agreement and your payment of the required license fee, Letter Opener grants to you a limited, non-exclusive, non-transferable (except as expressly permitted in this Agreement) right and license (during the term of this Agreement to install, activate, and use this version of Versions for your personal use or internal business purposes (“License”) either (a) as one installed instance of Versions on one device, or (b) installed on up to three (3) different devices for your use on no more than one device at a time. This License does not allow multiple users to use Versions on multiple computers unless a separate license has been purchased for each user. This License will apply to all updates to the application, if any, made generally available by Letter Opener without charge, provided, however, that upon downloading and installing an update to the Versions application, your right to use prior versions of Versions will terminate and earlier versions may no longer be used. This License will remain in effect unless and until this Agreement is either terminated according to its terms or superseded by a new agreement between the parties.

This License to use Versions is limited to the current major release of Versions. Letter Opener GmbH will at its sole discretion decide when a version of Versions will be considered a new major release that requires a new purchase or upgrade license. Letter Opener GmbH reserves the right to change the terms of this Agreement in any future major or minor release of Versions. If you do not agree to accept the changes made in the Agreement, you may not use the new release of Versions but your License under this Agreement to your existing version of Versions will not be affected.

COPYRIGHT AND RESTRICTIONS

Copyright and other intellectual, industrial and/or proprietary rights in Versions are owned by Letter Opener or its licensors. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of Versions except where explicitly allowed in the terms of this Agreement or as allowed by applicable law without Letter Opener’s consent. You agree not to remove any label indicating that Versions is the subject of copyright and other intellectual, or proprietary rights of Letter Opener and/or third parties. You may not redistribute or sublicense Versions or any part thereof.

ADDITIONAL SERVICES

Fees may apply for additional services and products offered by Letter Opener and others, including, but not limited to, services that integrate with Versions or extend the functionality of Versions.

HEALTH WARNING

If you or anyone in your family has experienced symptoms linked to an epileptic condition (e.g. a seizure or loss of awareness), immediately consult your physician before using Versions. If you experience dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, and/or convulsions, stop using Versions immediately and consult your physician.

LIMITED WARRANTY; DISCLAIMER

Letter Opener warrants to you that during the first ninety (90) days following your initial download of a licensed version of Versions (the “Warranty Period”), it will operate in substantial compliance with the documentation Letter Opener provides with Versions when used on devices meeting the specified minimum system requirements. As your sole and exclusive remedy for any breach of this limited warranty that you report to Opener during the Warranty Period, Letter Opener will, at its option, either (i) provide an update that corrects any reported non-compliance or provides a reasonable work-around, or (ii) refund to you the purchase price paid for the Versions license.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, LETTER OPENER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, REGARDING Versions AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. Y

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, YOU AGREE THAT LETTER OPENER WILL NOT BE liable to you or to any third party for any compensatory, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING LOST PROFITS, LOST DATA OR DOWNTIME COSTS), ARISING OUT OF THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY, AND WHETHER OR NOT FORESEEABLE, AND WHETHER OR NOT ANY LIMITATION SHALL FAIL OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE TOTAL LIABILITY OF letter opener to you ARISING OUT OF or related to THIS AGREEMENT EXCEED THE TOTAL purchase price you paid under this agreement. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations in herein which are lawful in your jurisdiction will apply to you and letter opener's liability will be limited to the maximum extent permitted by law.

PERSONAL INFORMATION

This section is not applicable under the App Store License terms.

Letter Opener may render this Agreement null and void if it finds that the personal information you submitted during online activation or when buying Versions is incorrect, inaccurate or outdated. It is your sole responsibility to keep Letter Opener informed of any changes in your personal information. To do so, contact Letter Opener through the appropriate sections of www.versionsapp.com or, where possible, from within Versions itself. Letter Opener GmbH may require you to verify any changes to personal information.

Letter Opener GmbH may use your personal information to validate your personal license rights, to contact you with information related to Versions and, if you acquired your Versions license through a reseller, to communicate with said reseller regarding your purchase. Letter Opener GmbH may share your information with its licensors within reason.

PRIVACY

Letter Opener will not sell your personal information to third parties. You acknowledge your receipt of and agreement to Letter Opener’s Privacy Policy applicable to the Versions application and our websites.

ONLINE ACTIVATION

This article is not applicable under the App Store License terms.

The Versions Software requires online activation. If you do not activate your copy of Versions, all of or part of the functionality of your copy of Versions will disable automatically 30 days after you first run it. Letter Opener may at its sole discretion decide to adjust the exact technical conditions under which Versions copies that have not been activated cease to work.

You are required to submit personal information during online activation. You need an active, functional internet connection to activate your copy of Versions. Your licensed use of Versions is bound to the device(s) you used to complete activation. You may need to reactivate your copy of Versions after replacing the logic board or otherwise changing the hardware configuration of your computer or device. You may need to contact Letter Opener to complete reactivation.

THIRD PARTY SOFTWARE LICENSES

Versions may make use of third-party software. Notwithstanding the foregoing, use of some third party materials included in Versions Software may be subject to other terms and conditions. The official copyright notices and specific license conditions of this third-party software are to be found via the “About” window of Versions or can be emailed to you upon request. You hereby agree to the terms and conditions for such third-party software.

TERM AND TERMINATION

This Agreement is effective until terminated by you for any reason upon notice to Letter Opener, or until termination by Letter Opener for a material breach of the terms and conditions of this Agreement on your part. Upon any termination of this Agreement, you must cease all use of Versions and delete all copies of Versions that are in your possession.

ENTIRE AGREEMENT

This Agreement is the entire agreement between you and Letter Opener relating to Versions and supersedes all prior oral or written communications and representations with respect to licensed use of Versions or any other subject matter covered by this Agreement.

SEVERANCE

If any of the provisions of this Agreement is held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.

EXPORT CONTROLS

You agree not to export, reexport or use Versions except as explicitly authorized by United States law and the laws of the jurisdiction in which you obtained your Versions License. If you use Versions in the United States, you may not export or re-export Versions to any U.S. embargoed country or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or U.S. Department of Commerce’s Denied Persons List or Entity List. By using Versions, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use Versions for any purposes prohibited by applicable law.

U.S. GOVERNMENT RIGHTS

The Licensed Software is commercial computer software as described in DFARS 252.227-7014(a) (1) and FAR 2.101. If acquired by or on behalf of any the Department of Defense or any component thereof, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in DFARS 227.7202-3, Rights in Commercial Computer Software or Commercial Computer Software Documentation, as applicable. If acquired by or on behalf of any civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in FAR 12.212, Computer Software.

ASSIGNMENT

Neither party may assign any of its rights under this Agreement without the other party’s prior written consent, provided that Letter Opener may assign this Agreement in whole to an affiliate or other entity acquiring all or substantially all of the Letter Opener’s business or of the Versions application, provided that such entity expressly assumes the assigning party’s obligations under this Agreement. This Agreement will be binding upon successors and assigns.

APPLICABLE LAW

This Agreement is governed by Austrian law. The parties disclaim the application of the UN Convention on Contracts for the International Sale of Goods. You agree that Letter Opener GmbH, at its sole discretion, may elect to bring legal action regarding any dispute arising from or in connection with this Agreement before the courts of Klagenfurt, the Austria, or in any court in any country which may have jurisdiction and you herewith irrevocably and unconditionally submit to the exclusive jurisdiction of the courts chosen by Letter Opener.

QUESTIONS

If you have any questions concerning this Agreement or need to contact us, please contact Letter Opener through the appropriate sections of www.versionsapp.com or send us an email at support@versionsapp.com.


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