End-User License Agreement for SpaceMan 99¶

1. Introduction¶

This License applies to the SpaceMan 99 software and its accompanying files, data and materials ("SpaceMan 99"). You should carefully read the following terms and conditions before using, installing, copying, or distributing this software. Unless you have a different license agreement signed by ExtraBit Software Ltd. ("ExtraBit"), your use, installation, copying, or distribution of SpaceMan 99 indicates your acceptance of this agreement. There are two licenses available for SpaceMan 99, "Free" and "Pro" which are described in section 2.

2. Scope of License¶

All rights of any kind in SpaceMan 99 which are not expressly granted in this License are entirely and exclusively reserved to and by ExtraBit. SpaceMan 99 is protected by copyright laws and other applicable laws and treaties. You may use, install and distribute SpaceMan 99 solely as expressly provided in this License. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on SpaceMan 99, nor permit anyone else to do so. You may not make access to SpaceMan 99 available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.

2.1. Free License¶

The Free license for SpaceMan 99 is for NON-COMMERCIAL USE ONLY.

For the avoidance of doubt, commercial use is anything other than:

Personal use on a home computer, or
Educational use on a computer owned by a recognized school, college or university, or
Charitable use on a computer owned by a registered charity.

If you want to use SpaceMan 99 for any other purpose, you need to use the Pro license for SpaceMan 99.

2.2. Pro License¶

The Pro license for SpaceMan 99 may be used for any purpose and has no built-in restrictions.

Pro licenses must be purchased from www.extrabit.com or an authorized distributor/reseller.

Each SpaceMan 99 Pro License may be activated in one of two modes, machine or user.

If a license is activated in machine mode, then the license can be used by any user on the machine on which it is activated.

User mode is intended for enterprise environments and allows a given user to use a license on any machine, but only by that user.

Once a license has been activated it cannot be transferred to a different machine or user, or reactivated in a different mode.

If you or your organization has a valid multi-license pack of Pro licenses, then you or your organization has the right to activate up to the number of licenses indicated in the pack.

3. Distribution¶

You may make as many copies of this software and documentation as you wish. You may freely distribute this software by any means provided that you include all files in the original distribution, and none of the files are altered in any way.

The Pro license(s) must not be distributed beyond the individual/organization that purchased them and/or the end user(s) that they were purchased for.

4. Warranty Disclaimers and Liability Limitations¶

SPACEMAN 99, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXTRABIT DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, SPACEMAN 99. EXTRABIT DOES NOT WARRANT THAT THE OPERATION OF SPACEMAN 99 WILL BE UNINTERRUPTED OR ERROR-FREE.

EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE STATUTES, EXTRABIT SHALL NOT BE LIABLE FOR ANY DAMAGE OR FINANCIAL LOSS ARISING OUT OF THE USE OF, OR INABILITY TO USE, SPACEMAN 99. ANY LIABILITY OF EXTRABIT WILL BE LIMITED EXCLUSIVELY TO REFUND OF THE LICENSE FEE PAID TO EXTRABIT. EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE STATUTES, IN NO EVENT SHALL EXTRABIT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF SPACEMAN 99, OR TO YOUR RELATIONSHIP WITH EXTRABIT, (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION, LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR BUSINESS ADVANTAGE, OR BUSINESS INTERRUPTION), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY, OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, IN NO EVENT DOES EXTRABIT AUTHORIZE YOU OR ANYONE ELSE TO USE SPACEMAN 99 IN APPLICATIONS OR SYSTEMS WHERE SPACEMAN 99'S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF PROPERTY, OR IN LOSS OF LIFE. ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD EXTRABIT HARMLESS FROM ANY AND ALL CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.

5. General¶

This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements. This License shall be governed by the laws of England, and the parties submit to the exclusive jurisdiction of the courts of England and Wales. There are no third-party beneficiaries of any promises, obligations, or representations made by ExtraBit herein. Any waiver by ExtraBit of any violation of this License by you shall not constitute, nor contribute to, a waiver by ExtraBit of any other or future violation by you of the same provision, or any other provision, of this License. If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.

Personal data collected in connection with SpaceMan 99, including license activation, is handled in accordance with the ExtraBit Software privacy policy at https://www.extrabit.com/privacy.