Following conditions govern the business relationship between Pragmio, a company registered in Poland (hereafter “Pragmio”) and users or direct order customers (hereafter “customer”).
General
The contract between Pragmio and the customer is concluded with the purchase. No other terms are accepted by Pragmio. All objects of purchase remain property of Pragmio until full payment is received. Errors and omissions in quotations are reserved and are non-binding.
Quotes are binding for 30 days after the date of quotation.
Our privacy policy is part of this agreement.
Grant of License
Pragmio grants a users a non-exclusive, non-transferable and revocable license to use the software. Ownership of the software, documentation and all intellectual property rights therein shall remain at all times with Pragmio.
Demo version: The freeware edition of the software is free-of-charge. Feature limitations may apply for freeware software.
Full version: Full version requires an online license key registratation.
Xcelcor Macro for Windows and Mac
The software can be used on a single computer while you are logged in with the same license key. Each physical person requires a separate license.
Copyright
The software and documentation contain material that is protected by Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Pragmio. You may not remove any proprietary notice of Pragmio from any copy of the software or documentation.
Restrictions
You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the software, nor shall you attempt to create the source code from the object code for the software.
Confidentiality
You agree to the terms and conditions of this Software License Agreement including, without limitation, not knowingly use any portion of the Program for the purpose of deriving the source code of the Program or defeating the license key. You must not publish the license key to any third party and keep it strictly confidential. Releasing license keys to the public will terminate this agreement and published license keys will be marked invalid without reimbursement and will not be replaced.
Delivery
Pragmio delivers license keys and download links by email after payment. No physical goods are shipped or required.
Pragmio does not provide a download archive of older software versions.
Maintenance / Updates / Support
Maintenance includes free updates, upgrades and major new version during the selected maintenance term. Licenses are valid while subscription is active. Maintenance is valid for the selected term, beginning with the month of purchase. If a maintenance renewal is purchased, new license keys are issued. Old license keys used to receive a maintenance renewal discount are revoked and become invalid with the delivery of new license keys. Support is based on the latest available software version only and provided on a complimentary basis. Support does not include software consulting or training, custom macro programming or analysis of user system configurations.
Extended support and consulting is available as a paid service.
Limited Warranty
PRAGMIO WARRANTS CUSTOMERS THAT THE PAID SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION WHILE SUBSCRIPTION IS ACTIVE. SHOULD THE SOFTWARE NOT SO OPERATE, YOUR EXCLUSIVE REMEDY, AND PRAGMIO’S SOLE OBLIGATION UNDER THIS WARRANTY, SHALL BE AT PRAGMIO’S SOLE DISCRETION, CORRECTION OF THE DEFECT OR REFUND OF THE PURCHASE PRICE PAID FOR THE SOFTWARE. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY PRAGMIO REGARDING THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SOFTWARE IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRAGMIODISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRAGMIO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. NO WARRANTY IS PROVIDED FOR PRODUCTS PROVIDED FREE-OF-CHARGE. SOLE PURPOSE OF ANY PRODUCT PROVIDED ON A FREE AND COMPLIMENTARY BASIS IS FOR DEMONSTRATION PURPOSES ONLY.
Limitation of Liability
IN NO EVENT WILL PRAGMIO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF PRAGMIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRAGMIO’S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND documentation OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND documentation. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, “HIGH RISK ACTIVITIES”). PRAGMIO EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
Termination
This Agreement is effective until it is terminated. You may terminate this Agreement at any time by destroying all copies of the software and documentation in your possession or under your control. Pragmio may terminate this Agreement if Pragmio finds that you have violated any of the terms of this Agreement. Pragmio may terminate this Agreement for freeware products at any time. Upon notification of termination, you agree to destroy all copies of the software and documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement.
Miscellaneous
This Agreement shall be construed, interpreted and governed by the laws of Poland without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate court sitting in Warsaw, Poland. UN sales law is excluded. This Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably affect the intention of the parties.