EULA

For a custom EULA and T&C an upfront $15K commitment is required, to cover legal costs. Reach out to legal@hedge.video with the suggested changes and your PO.

End User License Agreement

  1. The Sync Factory B.V., owner of the brand Hedge and as such referred to hereafter as 'Hedge', a private company with limited liability, established in Amsterdam, the Netherlands, hereby grants to the rightful acquirer ('you') of a license for a software product of Hedge ('the software') a right to use this software.

  2. This license is limited, nonexclusive, and nontransferable. The software may be installed on an unlimited number of computers, but only an authorized user (or the authorized number of users) may actually use it.

  3. You may make a backup copy of the software. This backup copy may not be used, traded, or distributed in any way except in conjunction with the original software.

  4. It is expressly forbidden to:

    1. Reverse engineer the source code of the software or decompile the software, except to the extent permitted by mandatory law or an applicable open-source license;

    2. Provide copies of the software to third parties;

    3. Sublicense the software or otherwise make available the software to third parties, including by rental, Software-as-a-Service models, or otherwise;

    4. Modify the software, except to the extent permitted by mandatory law;

    5. Remove indications of Hedge as the copyright holder of the software or to remove or render illegible any part of the software.

Intellectual property

  1. All rights, title, and interest to the software, the accompanying documentation, and all modifications and extensions thereto rest and remain with Hedge. You only have the rights and permissions explicitly granted to you by this agreement or granted in writing otherwise. You may not use, copy, distribute, or publish the software in any other manner.

  2. The software comprises third-party open-source software. The respective third-party rights holders grant you the rights indicated in the applicable open-source licenses. These licenses can be found in the application under Acknowledgements in the About menu. This end-user license agreement does not apply to this open-source software, and nothing in this agreement shall be construed as a limitation of any right granted to you under an open-source license.

Consideration

  1. You are solely responsible for the installation and usage of the software. The website will provide recommended requirements for the hardware and software environment.

  2. The software's usage right is subject to payment of a one-time and/or recurring license fee, due before the software's first use. Hedge will inform you separately about the manner of payment.

  3. Certain features of the software may require activation. The software will inform you about the procedure for activation.

  4. You must register to obtain and use this software. During registration and activation, Hedge processes certain parts of your personal data, in addition to data acquired by third parties that take care of payments and software deployment. This data is used to execute the license agreement and can be used for related purposes, such as notifications of available updates, after your explicit consent.

  5. Hedge will not retain, use, or disclose any personal information provided by you or your employees, agents, or representatives for any purpose (including a commercial purpose) other than to provide the software to you. Hedge will comply with all applicable laws with respect to such personal information and maintain reasonable security measures to safeguard personal information from loss, misuse, unauthorized access, disclosure, alteration, or destruction.

  6. Personal data will be deleted when it is no longer necessary for executing this agreement, unless applicable law demands that the data be retained for a longer period. By accepting this EULA, you give explicit consent for the collection of anonymous and aggregated statistics on software usage that will not contain personal information or otherwise identify you, your users, or your content as the source of such data. The software cannot work without it. Consult our GDPR Data & Privacy Policy to see what is collected, how, and why.

Updates

  1. Hedge, from time to time, releases updates that address bugs or improve the functioning of the software.

  2. The software periodically checks for available updates and can prompt users to download and install them. No liability is accepted for any damage caused by bugs addressed in an update.

  3. Hedge tests its software with the latest macOS and Windows updates. Support for older systems may be halted at any time. Operating system requirements are published on our website.

  4. An update may provide terms in addition to those in this agreement. You will be informed of this and have an opportunity to refuse the update. If you choose not to accept the update, this agreement will continue to be in effect.

Support

Hedge shall provide you with reasonable support through its website and/or e-mail (or other communication channels announced to you). Hedge, however, does not guarantee that all requests for support or bug reports are considered. Service Level Agreements are available for purchase upon request.

Guarantees and liability

  1. Other than as expressly provided, the software is supplied ‘as is’ without warranty or representation regarding implicit or explicit defects ("bugs"). You use the software at your own risk.

  2. Hedge aims for high-quality software and will never deliberately include viruses, spyware, backdoors, or malicious code.

  3. Except in cases of intentional misconduct or gross negligence, Hedge is not liable to you, regardless of the grounds, for any damages in connection with the software. In case Hedge is liable towards you, liability is limited to an amount equal to the fee paid by you for your use of Hedge.

  4. No liability exists if damages were not reported within three days after discovery to Hedge by sending an e-mail to legal@hedge.video. In addition, no liability exists if the cause of damage is beyond Hedge's control. You indemnify and hold harmless Hedge against all claims by third parties in connection with your use of the software.

Term of the agreement

  1. This agreement enters into force when you start using the software and remains in force until terminated.

  2. You and Hedge may terminate the agreement and any issued license keys or agreements by providing one month's notice. If Hedge terminates the agreement before twelve months have passed since the agreement entered into force, you are entitled to a proportional refund of the fee paid by you under this agreement.

  3. This agreement may be terminated immediately if you violate its terms or pass away without being entitled to a refund.

  4. After termination of the agreement (regardless of reason), you must cease all use of the software. In addition, you must remove all copies (including backup copies) of the software from all computer systems under your control.

Miscellaneous terms

  1. Dutch law applies to this end-user license agreement.

  2. Unless dictated otherwise by mandatory law, all disputes arising in connection with this agreement shall be brought before the competent Dutch court for the principal place of business of Hedge.

  3. A finding that any particular provision of this agreement is legally void shall not affect the validity of the entire agreement. In such a case, the parties shall determine a replacement provision that is legally valid and approximates the intent of the offending provision as much as possible.

  4. Hedge may assign its rights and obligations under this agreement to a third party that acquires the relevant business or the copyrights to Hedge from her.

Contact details

In case you have any questions regarding this End User License Agreement, feel free to contact us at legal@hedge.video

Dutch Chamber of Commerce: #64730999 VAT ID: NL855805171B01

version 1.8, 20240823

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