End User License Agreement

Terms

Please read this End User License Agreement (“EULA”) before You purchase a License Key for the Lunar Mac App and subsequently download and use the Lunar Mac App.

By purchasing a License Key and/or downloading and using the Lunar Mac App, You agree, without reservation to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase a License Key and/or download and use the Lunar Mac App.

If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

You may not accept this EULA if You are not of legal age to form a binding contract with Lunar.

Definitions

In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:

General

  1. This EULA applies to any licenses granted to You by Lunar for the use of the Lunar Mac App.
  2. By purchasing a License Key for the Lunar Mac App and/or downloading and using the Lunar Mac App, You enter into this EULA with Lunar.
  3. This EULA may be modified from time to time. Lunar will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the provision of the License Key. Any modifications to this EULA shall only apply upon acceptance by You.

License

  1. Lunar grants You a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to Use the Lunar Mac App in accordance with this EULA. Lunar reserves all rights not expressly granted to You.
  2. Lunar is and remains the owner of any intellectual property rights with respect to the Lunar Mac App. You shall not acquire any ownership to the Lunar Mac App as result of Your purchase of the License Key or Your Use of the Lunar Mac App.

Permitted use and restrictions

  1. In order to be able to install the Lunar Mac App and receive Updates and upgrades, Your computer shall have access to the Internet and shall meet the system requirements described in the text that can be found on the webpage: https://lunar.fyi/.
  2. You shall Use the Lunar Mac App on three personal computers only, unless You have purchased a volume license. In the event You have purchased a volume license, the number of computers You may Use the Lunar Mac App on shall not exceed the number of Lunar Mac Licenses purchased. If You exceed the limit, Lunar may block the License Key.
  3. You shall Use the Lunar Mac App in accordance with applicable laws and shall not:
    1. rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key;
    2. assign the License Key or the Lunar Mac License without prior written approval of Lunar;
    3. Use the Lunar Mac App for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
    4. delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Lunar Mac App; or
    5. copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Lunar Mac App and the License Key or any parts thereof, except to the extent permitted by applicable law.
  4. Lunar may modify the Lunar Mac App at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.

Maintenance and support

  1. Lunar will notify You of any available Updates and upgrades.
  2. You will be entitled to receive Updates free of charge during a period of twelve (12) months upon purchasing the License Key for the Lunar Mac App. In order to receive Updates after this twelve months’ period, You will need to either renew your License Key or enter into a subscription arrangement with Lunar.
  3. You may need to pay an additional fee in order to be able to download an upgrade.
  4. You can download available Updates and upgrades from the website of Lunar.
  5. Any maintenance and support provided by Lunar, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.
  6. The terms of this EULA will govern any Updates.

Use of data

  1. Lunar and its subsidiaries may periodically collect and use technical and related data concerning the Lunar Mac App You have licensed, including about the version number of the Lunar Mac App You have installed and about the system You have installed the Lunar Mac App on. Lunar will use such data to facilitate maintenance and support with respect to the Lunar Mac App, to improve its products and to provide further services or technologies to You.
  2. Lunar may process personal data with respect to You, if and to the extent necessary to provide the License Key, to provide maintenance and support to You with respect to the Lunar Mac App and to comply with its obligations under this EULA. To the extent Lunar will process personal data, it will comply with its obligations under applicable data protection law.

Disclaimer

  1. You Use the Lunar Mac App at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
  2. The Lunar Mac App and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied - of any kind, and Lunar specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Lunar, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.

Liability limitation

  1. The liability of Lunar and any third party that has been involved in the creation, production, or delivery of the Lunar Mac App for all damages arising out of or in any way relating to the Lunar Mac License, the License Key, the Lunar Mac App and/or this EULA shall in no event exceed the total amount(s) paid by You to Lunar in the preceding 12 (twelve) months.
  2. Lunar and any third party that has been involved in the creation, production, or delivery of the Lunar Mac App are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Lunar Mac App).
  3. The limitations of liability referred to in clause 9.1 and 9.2 shall not apply in the event that: (i) any negligence on the part of Lunar leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of Lunar or the management of Lunar.

Termination

  1. This EULA will continue to be in force until the expiry or termination of the Lunar Mac License.
  2. The License Key will terminate automatically at the end of the Lunar Mac License, unless renewed or activated prior to the end of the applicable license term.
  3. Lunar is entitled to terminate the Lunar Mac License by blocking the License Key during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your fee for the License Key within the applicable payment term, or in the event Lunar is required to do so by law or an order of an applicable court.
  4. Upon termination of the Lunar Mac License, You shall cease all use of the Lunar Mac App.
  5. You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.

Governing law and disputes

  1. This EULA shall be governed by and construed in accordance with the laws of Romania, excluding its conflicts of law rules.
  2. Any dispute between Lunar and You shall exclusively be submitted to the competent court in Brasov, Romania.