Release License

BY INSTALLING OR USING THIS SOFTWARE, YOU ARE BECOMING A PARTY TO, AND ARE CONSENTING TO BE BOUND BY, THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THIS SOFTWARE.

DEFINITIONS

"Software" means Clang Power Tools Commercial edition in object code form, documentation, and updates included in software maintenance.

"Licensor" means Caphyon SRL, having a place of business at Str. Ana Ipatescu, Nr 51, Craiova, 200340, Romania, EU.

"Licensee" means:

  • the individual evaluating the Software during a trial;
  • the company, corporation, or organization that purchased a Standard License(s) for the Software;
  • the individual who purchased a Team License for the Software;
  • the individual who was granted an NFR License for the Software for commercial purposes, OSS projects; and
  • the educator who was granted a NFR License for the Software for non-commercial, OSS projects, or educational purposes only.

"Activation Key" means a one-line value that identifies a Licensee, license count if applicable, term of software maintenance, and hashcode to activate a genuine copy of the Software.

"Authorized User" means:

  • the individual evaluating the Software during a trial;
  • an employee or independent contractor who might at any time use the Software, of the company, corporation, or organization that purchased a Standard License(s) for the Software;
  • the individual who purchased a Team License for the Software; any individual from the team is an Authorized User;
  • the individual who wa granted an NFR License for the Software; the individual is the only Authorized User; and
  • the educator who was granted a NFR License for the Software, and students of computer programming courses under his direction; the educator and said students are the only Authorized Users.

"Team" means:

  • the group of users that report directly to Licensee.
  • "Account" means the Clang Power Tools account that you create by Signing Up on this website, with all its related items (users, email templates, resources, data)
  • “Resources” means the sources that are available in the Account for gathering Data.
  • "Data” means the your email address.
  • "Subscription" means the free trial period or paid plan you choose on your own, that limits your use of the Service according to their Attributes.
  • "Attributes" - means the characteristics of a Subscription, included in the description of that Subscription.

GRANT

Subject to the terms of this Agreement, Licensor hereby grants Licensee a non-transferable, non-exclusive, non-sub-licensable, limited license that allows:

Licensee to distribute an Activation Key(s) to Authorized User(s);

Authorized User(s) to install the licensed version of the Software on computer PCs where potential use of the Software is restricted exclusively to Authorized User(s);

Authorized User(s) to use the Software on computer PCs, in virtual machines, in multiple IDEs, and in multiple instances of an IDE; and

Licensee to make a copy of the Software for archival purposes, provided the copy contains all of the proprietary notices of the Software.

RESTRICTIONS

Licensee will not, and will have no right to:

distribute, use, or transfer an Activation Key(s) that has been superseded by an Activation Key(s) provided with software maintenance or upon consolidation of Activation Keys;

modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), create derivative works based on, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Software;

sell, rent, lease, distribute, or otherwise transfer rights to the Software without prior written consent from Licensor; and

remove any proprietary notices or labels from the Software.

TITLE AND COPYRIGHT

Title, ownership rights, intellectual property rights, and copyright to the Software, and any copies or portions thereof, shall remain in Licensor. The Software is protected by Romanian copyright laws and international intellectual property treaty provisions.

VALIDATION, AUTOMATIC UPDATES, AND COLLECTION FOR SOFTWARE

Licensor reserves the right, but shall have no obligation, at any time to verify that Authorized Users have been authorized by Licensee and to restrict access to the Software if, in Licensor’s reasonable judgment, an Authorized User cannot be so verified. Further, Licensee agrees that Licensor has the right to require an audit (electronic or otherwise) of Licensee or an Authorized User’s installation, use and/or access of the Software including access to machine IDs, serial numbers and related information. As part of any such audit, Licensor or its authorized representative will have the additional right, on fifteen (15) days’ prior notice to Licensee, to inspect Licensee or the Authorized User’s records and systems, including machine IDs, serial numbers and related information, to verify that the installation, use of, and access to any and all Software is in conformance with this Agreement and its applicable terms. Additionally, within fifteen (15) days of such prior notice for audit, Licensee will provide Licensor all records and information requested by Licensor in order to verify that the installation, use and/or access of the Software is in conformance with this Agreement. Licensee and the Authorized User will provide full cooperation to enable any such audit. If Licensor determines that Licensee or the Authorized User’s installation, use of or access to the Software is not in conformity with this Agreement, Licensee will immediately take such steps as are necessary to bring Licensee and the Authorized Users’ installation, use and/or access into compliance with this Agreement, and pay the reasonable costs of the audit. Licensee shall be invoiced for such underpaid fees (based on the list prices in effect at the time the audit is completed); and if the underpaid fees exceed 5% of the License fees already paid. Licensor reserves the right to seek any other remedies available at law or in equity, whether under this Agreement or otherwise.

Licensor will collect information about Licensee uses of the Software for auditing purposes, including, but not limited to, verify license compliance, improve Licensor products and services and check for updates. This information includes, but it is not limited to, the software version, the product ID information, a machine ID, and the internet protocol address of the device. If the Software is not properly licensed, its functionality will be affected. By using the Software, Licensee and its Authorized Users’ consent to the transmission of the information described in this section. The feature that checks for update may be disabled in the options dialog for the Software. For more information about Licensor collection, use and disclosure of personal data, please review Whole Tomato Privacy Policy at https://www.wholetomato.com/company/privacyPolicy.asp .

CONDITIONS GOVERNING SUBSCRIBERS.

For purposes of this Agreement, a User who pays for the Service shall be referred to as a "Subscriber". As a Subscriber, you must agree to the payment terms presented to you at the time you sign up for the Service.

Caphyon provides a free trial and several fee based Subscriptions. Each Subscription has a monthly or an annual fee, based on the Attributes of the Subscription.

If you would like to upgrade to a higher Subscription level you can do this directly from your Clang Power Tools account settings. By upgrading to a paid Subscription, you agree to pay for the Service provided according to the monthly fee of that Subscription.

Subscribers are responsible for taking action prior to renewal if you do not want your subscription to renew automatically. You might not receive further notice of your renewal after signing up for an account or subscription, and must visit your Subscription and Billing page to find out when your account or subscription is set to renew. Subscriptions recur either monthly or annually, depending upon the renewal term you choose during the sign up process.

You are responsible to ensure that the credit card associated with your account or subscription is up to date, that the information posted in connection with it is accurate, and that you are authorized to use it. If Caphyon cannot charge your credit card, we may cancel your subscription and you may lose access to the Service and any data associated with your subscription.

Invoiced Subscriptions. Some accounts can be paid for via invoicing with mutual agreement between the parties. There may be extra fees associated with invoiced accounts. If Caphyon has agreed to enter into an invoicing relationship with you, all invoices must be paid within 30 days. You agree that Caphyon may charge interest of 1.5% per month for past due accounts and that you are liable for attorneys' fees and reasonable collection costs arising from Caphyon's efforts to collect on past due amounts.

DISCLAIMER OF WARRANTY

THE SOFTWARE IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND. LICENSOR HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME U.S. STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO LICENSEE. LICENSEE MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

LIMITATION OF LIABILITY

LICENSEE ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. LICENSOR ASSUMES NO LIABILITY FOR THE COST OF ANY SERVICE OR REPAIR IF THE SOFTWARE IS DEFECTIVE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL LICENSOR, OR ITS LICENSORS, SUPPLIERS OR RESELLERS, BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE MONEY PAID FOR THE SOFTWARE, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME U.S. STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO LICENSEE.

TERMINATION

The license granted herein shall be a subscription. If Licensee fails to comply with any of the terms of this Agreement, this Agreement and the rights granted herein will terminate immediately. Licensor may, at its sole discretion and at any time, terminate this Agreement. On termination, Licensee must cease using and destroy all copies of the Software.

EXPORT CONTROLS

Licensee shall comply with all export laws, restrictions and regulations of the United States. Licensee shall not export, re-export or otherwise transfer the Software to any country for which the United States maintains an embargo, or to any person or entity on the U.S. Department of Treasury List of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. Licensee represents and warrants that licensee is not located in, under the control of, or a national or resident of any restricted country or on any such list.

THIRD PARTY CREDITS

Portions of the Software utilize or include third party software and other copyrighted materials. Credits, licensing terms, and disclaimers for such materials are contained in the installation directory for the SoftwareSuch software will have its own individual LICENSE.TXT file in the directory in which it appears. This file will describe the copyrights, license, and restrictions which apply to that code. Licensee agrees that use of such copyrighted materials is governed by their respective terms.

ENTIRE AGREEMENT

This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only in writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under Romanian law.

CONTACT

If you have questions regarding this agreement, contact:

Caphyon SRL
Str. Ana Ipatescu No. 51
Dolj, Craiova, 200340
European Union, Romania