End-User License Agreement

Effective Date: July 27, 2021

 

PLEASE READ AND REVIEW THIS AGREEMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT ACCESS OR INSTALL THE COMMANDGIT APPLICATION (THE SOFTWARE PRODUCT).

1. This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Safe Software Solutions, LLC and describes your rights and obligations regarding the use of the CommandGit software (SOFTWARE PRODUCT). If you do not agree to all of the terms of this agreement, you cannot access or install the CommandGit application (SOFTWARE PRODUCT) and / or you shall remove all the files related to the SOFTWARE PRODUCT from your storage media and cease any further use of the SOFTWARE PRODUCT. Any violation of these terms will subject you to legal liability.

The SOFTWARE PRODUCT is the intellectual property of and is owned by Safe Software Solutions, LLC. Safe Software Solutions, LLC provides you with access to the SOFTWARE PRODUCT by means of a subscription under which Safe Software Solutions, LLC, grants you a limited, nonexclusive, nontransferable, revocable and personal license to access and use CommandGit for your software developing purposes. The SOFTWARE PRODUCT is intended for IT professionals, DevOps engineers or any other IT–related individuals.

Safe Software Solutions, LLC reserves the right, at our discretion, to change, modify, add, or remove portions of these terms, or any additional terms and notices, at any time. The End-User License Agreement for CommandGit in the help section of the CommandGit application will be updated with the modified terms. Your continued use of the SOFTWARE PRODUCT after the posting of changes constitutes your binding acceptance of such modifications or changes. All or any part of the SOFTWARE PRODUCT may be changed or discontinued, at any time and without notice, at Safe Software Solutions, LLC’s sole discretion.

The SOFTWARE PRODUCT is protected by United States copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, services, and all other elements related to the SOFTWARE PRODUCT provided by Safe Software Solutions, LLC are protected by United States copyright laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. The SOFTWARE PRODUCT is licensed, not sold. It is Safe Software Solutions, LLC’s policy to terminate in appropriate circumstances subscription holders who repeatedly infringe or are believed to be repeatedly infringing copyright law.

This agreement begins on the date on which you accept these terms and continues until terminated. Safe Software Solutions, LLC may terminate this agreement (including your subscription), or suspend or terminate the services, with or without cause, at any time and without notice to you. Upon any cancellation or termination of this agreement and/or your subscription, the rights and licenses granted to you under this agreement will automatically terminate. This means that, among other things, you will no longer have access to the SOFTWARE PRODUCT.

2. You must purchase a subscription license to install and use the SOFTWARE PRODUCT from Safe Software Solutions, LLC in order to use the SOFTWARE PRODUCT for a period longer than the fourteen-day trial counted from the date the SOFTWARE PRODUCT was installed on any of your computers. If you decide not to purchase a license, you must stop using the SOFTWARE PRODUCT and remove it from your computer after the free trial has expired.

The subscription license is renewed on a monthly basis until you cancel it or when the monthly payment cannot be processed for two consecutive months. Your access to the subscription is conditioned upon timely payment of your subscription; and you will not have access to the SOFTWARE PRODUCT if your subscription is cancelled, allowed to lapse, or terminated for non-payment. Your subscription entitles you to download and install a copy of the SOFTWARE PRODUCT on up to two computers that you own or control and to access over 300 CommandGit presets that are offered to you upon subscription at no additional charge during the SOFTWARE PRODUCT subscription period. The subscription gives you the right to receive customer support and new versions of the SOFTWARE PRODUCT for the duration of your SOFTWARE PRODUCT subscription.

When you purchase a subscription to the SOFTWARE PRODUCT through Paypal, you may be asked to supply additional information relevant to your transaction, including, without limitation, your credit card number, the expiration date of your credit card and your billing address. You represent and warrant that you have the legal right to use all payment method(s) submitted by you.

It is important that you provide accurate, complete and up-to-date information for your Subscription and you agree to update such information, as needed, to keep it accurate and up-to-date. Your subscription may be suspended or terminated if your information is not up-to-date. You are responsible for all activities that occur under your subscription, whether or not you know about them.

Fees, charges, and any materially different terms from those described to you in these terms will be disclosed to you at sign-up or in other communications made available to you. All fees and charges are nonrefundable and there are no refunds or credits. Safe Software Solutions, LLC will not refund subscription fees, either in full or in part, when a subscription is cancelled or terminated.

Subscription prices are displayed in dollars (U.S.), or, whenever possible, Your equivalent local currency. The currency used to charge you for your subscription payments depends on the billing country where your payment method is located. Your country of billing must match the country where your payment method is located.

In accordance with these terms you acknowledge that Safe Software Solutions, LLC reserves the right, in its sole discretion, to convert the displayed currency to that of your billing country or the home country of your payment method as necessary. You acknowledge that Safe Software Solutions, LLC cannot control any currency conversion or foreign transaction fees that may be charged to you by your card issuer or bank for your subscription payment, and you agree to not hold Safe Software Solutions, LLC or its affiliates, contractors, employees, agents, or third-party partners, or suppliers liable for any such fees.

If you elect to purchase a monthly subscription, you will be automatically charged the recurring monthly subscription fee on the calendar day corresponding to the commencement of the paying portion of your subscription. In the event your subscription began on a day not contained in a given month, Safe Software Solutions, LLC may charge your payment method on a day in the applicable month or such other day as deemed appropriate. For example, if you started your subscription on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on that date. Safe Software Solutions, LLC may also periodically authorize your payment method in anticipation of applicable fees or related charges. Your subscription continues until cancelled by you or until we terminate your access to, or use of, the SOFTWARE PRODUCT in accordance with these terms.

You can cancel your subscription anytime from the application menu or directly from your PayPal account. CommandGit will still run until the end of your billing cycle. You may cancel your subscription through the application menu. You may also initiate cancellation of a subscription directly from your PayPal account. You will be responsible for all subscription fees (plus any applicable taxes and/or other charges) incurred before the effective date of your cancellation.

Financial transactions may, at Safe Software Solutions, LLC’s discretion, be banned if they are directed to, issued by, or are otherwise involving a country, territory, individual or company that is subject to economic or trade sanctions or restrictive measures enacted, administered, imposed or enforced by any governmental institutions and agencies. You shall be solely responsible for ensuring that the country in which you intend to issue payments to Safe Software Solutions, LLC is not considered to be a sanctioned entity.

3. Safe Software Solutions, LLC may offer a free trial for a specified period of time. If Safe Software Solutions, LLC offers you a free trial, the specific terms of your free trial will be provided at signup and/or in the promotional materials describing the free trial. Free trials may not be combined with any other offer. If you cancel your free trial before the expiration of the free trial term, you will not be eligible to use any unused portion of such free trial term provided that Safe Software Solutions, LLC continues to offer the free trial that you were previously offered. Free trials are only available to users who have not previously started a free trial. Safe Software Solutions, LLC reserves the right to modify or terminate free trials at any time, without notice and at Safe Software Solutions, LLC’s sole discretion.

Promo codes expire on the date indicated in your account settings or as indicated in the promotional offer and may expire prior to the actual use of the promo code, without liability to Safe Software Solutions, LLC. Only one promo code may be redeemed per household/per user/per promotion. Promo codes are not transferable and are not redeemable for cash. Safe Software Solutions, LLC reserves the right to modify or cancel any offer at any time. Promo codes must be used for the intended audience and purpose, and in a lawful manner. You are responsible for the security of your promo code number. Promo codes are not replaceable if lost, stolen or damaged. Promo codes cannot be used in combination with other discounts, coupons, promotions, or other promo codes.

4. Subject to your compliance with these terms and during your valid SOFTWARE PRODUCT subscription period, Safe Software Solutions, LLC grants you a limited, non-exclusive, non-transferable, freely revocable license to download and install a copy of the SOFTWARE PRODUCT on up to two computers that you own or control and to run such copy of the SOFTWARE PRODUCT solely for your own software development purposes. You may not:

a) reverse engineer, decompile, disassemble the SOFTWARE PRODUCT, or otherwise attempt to discover the SOFTWARE PRODUCT source code or any part thereof except and only to the extent that applicable law expressly permits such activity notwithstanding this limitation.

b) make the functionality of the SOFTWARE PRODUCT available to multiple users through any means.

c) copy, modify or create derivative works based on the SOFTWARE PRODUCT.

d) sell, resell, rent, lease, lend or sublicense the SOFTWARE PRODUCT to any third party.

e) remove any proprietary notices or labels on the SOFTWARE PRODUCT.

f) disclose any license keys provided with the SOFTWARE PRODUCT to any third party.

g) distribute or transfer, the files of the SOFTWARE PRODUCT in open or encrypted form without prior signed permission from Safe Software Solutions, LLC.

h) use the SOFTWARE PRODUCT for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.

i) use any robot, spider, scraper, or other automated means to access the SOFTWARE PRODUCT for any purpose or bypass any measures Safe Software Solutions, LLC may use to prevent or restrict access.

j) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the subscription accounts of others without permission, forge another persons’ digital signature, or perform any other similar fraudulent activity.

k) transfer your rights under this EULA.

Safe Software Solutions, LLC reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized or prohibited uses.

Safe Software Solutions, LLC reserves all rights in and to the SOFTWARE PRODUCT not expressly granted to you under these terms.

You agree to indemnify, save, and hold Safe Software Solutions, LLC, harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use the SOFTWARE PRODUCT or misuse of the SOFTWARE PRODUCT, any violation by you of these terms, or any breach of the representations, warranties, and covenants made by you herein. Safe Software Solutions, LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Safe Software Solutions, LLC, and you agree to cooperate with Safe Software Solutions, LLC’s defense of these claims. Safe Software Solutions, LLC will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that Safe Software Solutions, LLC, at its sole discretion, for any or no reason, and without penalty, may terminate any subscription you may have with Safe Software Solutions, LLC or your use of the SOFTWARE PRODUCT any time and without notice to you. Safe Software Solutions, LLC may also in its sole discretion and at any time discontinue providing access to the SOFTWARE PRODUCT, or any part thereof, with or without notice. You agree that any termination of your access to the SOFTWARE PRODUCT may be effected without prior notice, and you agree that Safe Software Solutions, LLC will not be liable to you or any third party for any such termination.

This SOFTWARE PRODUCT is provided “AS IS” without warranty of any kind including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. In no event will Safe Software Solutions, LLC be liable for any direct, indirect, incidental, special, exemplary or consequential damages, including damages for loss of profits, loss or inaccuracy of data, incurred by any person from such person's usage of this SOFTWARE PRODUCT even if advised of the possibility of such damages.

Your only remedy with respect to any dissatisfaction with (i) the SOFTWARE PRODUCT, (ii) any term of these Terms, (iii) any policy or practice of Safe Software Solutions, LLC, or (iv) any information in the SOFTWARE PRODUCT website, is to cancel your subscription and to stop using the SOFTWARE PRODUCT. You may cancel your subscription at any time through the application menu. You may also initiate cancellation of a subscription directly from your PayPal account. You may terminate these terms at any time by canceling your subscription and discontinuing the use of the SOFTWARE PRODUCT.

This EULA has no termination date. Safe Software Solutions, LLC may terminate this license agreement if you fail to comply with the terms and conditions of this EULA. In such an event, you shall remove all the files related to the SOFTWARE PRODUCT from your storage media and cease any further use of the SOFTWARE PRODUCT.

5. Disclaimers

No Warranties

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SAFE SOFTWARE SOLUTIONS, LLC, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAFE SOFTWARE SOLUTIONS, LLC OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM SAFE SOFTWARE SOLUTIONS, LLC INCLUDES COMMANDGIT’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AND SUBCONTRACTcausORS.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL SAFE SOFTWARE SOLUTIONS, LLC OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE SOFTWARE PRODUCT, OR ANY OTHER INTERACTIONS WITH THE SOFTWARE PRODUCT, EVEN IF SAFE SOFTWARE SOLUTIONS, LLC OR A SAFE SOFTWARE SOLUTIONS, LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Damages

IN NO EVENT WILL THE TOTAL LIABILITY OF SAFE SOFTWARE SOLUTIONS, LLC OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SOFTWARE PRODUCT OR YOUR INTERACTION WITH OTHER COMMANDGIT SOFTWARE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SOFTWARE PRODUCT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

Reference Sites

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN SAFE SOFTWARE SOLUTIONS, LLC AND RECEIVED THROUGH OR ADVERTISED ON SAFE SOFTWARE SOLUTIONS, LLC OR RECEIVED THROUGH ANY REFERENCE SITES.

Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT SAFE SOFTWARE SOLUTIONS, LLC HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SAFE SOFTWARE SOLUTIONS, LLC, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SAFE SOFTWARE SOLUTIONS, LLC. SAFE SOFTWARE SOLUTIONS, LLC WOULD NOT BE ABLE TO PROVIDE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

Limitations by Applicable Law

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.