End-User License Agreement ("Agreement")
Last updated: 04-04-2021
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, Installing or using Haluter’s Skin Downloader ("Software").
By clicking the "I Agree" button, installing or using the Software, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not install or use the Software.
1. Limited License
The HSD Team hereby grants you a limited personal, non-transferable, non-exclusive license to use the Software on your devices in accordance with the terms of this Agreement.
You are permitted to load the Software onto a device (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Software.
2. Restricted Use
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things;
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose;
- Allow any third party to use the Software on behalf of or for the benefit of any third party;
- Use the Software in any way which breaches any applicable local, national or international law;
- Use the Software for any purpose that The HSD Team considers is a breach of this Agreement.
3. New Versions and Content
During the term of your license, you will be entitled to access future Versions of the Software and new content that The HSD Team chooses to make available to you. The HSD Team does not have any obligation to make new Versions of the Software or new content available. Nor does The HSD Team have any obligation to continue to make available for access or download any or all Versions of the Software. However, any Versions of the Software that The HSD Team has made available to you are considered part of the Licensed Software and may be used under the License provided by section 1. Limited License.
4. Intellectual Property and Ownership
4.1. The HSD Team shall at all times retain ownership of the Software and other HSD Content as originally downloaded by you and all subsequent downloads of the Software and HSD Content by you. The Software and HSD Content (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of The HSD Team.
The HSD Team reserves the right to grant licenses to use the Software to third parties.
4.2. The above Intellectual Property and Ownership agreement does not apply to 5. User-Generated Content.
5. User-Generated Content
5.1. By uploading any User-Generated Content, you grant The HSD Team a License to store, duplicate, modify, distribute or discontinue, temporarily or permanently, any User-Generated Content uploaded to the Software (or any part thereof) with or without notice.
5.2. You retain any intellectual property and ownership rights of User-Generated Content under the Agreement in accordance with the applicable laws. You retain the right to modify, duplicate, distribute or discontinue, temporarily or permanently, any User-Generated Content you upload to the Software. If such actions involve the Software then such actions must be done at the discretion of The HSD Team.
5.3. You hereby grant to any users of the Software a non-exclusive, worldwide, free, perpetual license to reproduce the User-Generated Content on their devices and use it in connection with the Software intended purpose.
5.4. User-Generated Contents Limitations on Liability
5.4.1. You hereby warrant that:
- All information and User-Generated Content provided by you to The HSD Team in connection with this Agreement is true and accurate;
- User-Generated Content that you provided to The HSD Team and other users of the Software do not:
- - Infringe any intellectual property rights of any third party;
- - Constitute defamation, libel or obscenity
- - Result in any consumer fraud, product liability, breach of contract to which you are a party or cause injury to any third party;
- - Promote violence or contain hate speech;
- - Violate any applicable law, statute, ordinance, or regulations;
- - Promote illegal activities.
5.4.2. You hereby agree to indemnify and hold harmless The HSD Team from any expense, loss, claim, damage, fine, penalty or liability, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of this Agreement, including without limitation infringement by User-Generated Content of any third-party intellectual property and/or proprietary right.
5.5. You agree that charging mandatory fees for the use of any User-Generated Content from other users of the Software, in any form and on any web resource, is prohibited.
6. Data collection
You acknowledge that the Software only collects and stores any Personal data (for example email addresses, names, IP addresses) that you provide to the Software or The HSD Team.
You acknowledge that the Software does collect anonymous data about its performance. You agree that The HSD Team may use this data in any way deemed fit at their discretion.
You agree that third party services used by the Software may collect data on the use of the Software.
If you provide The HSD Team with any Feedback, The HSD Team is free to use the Feedback however it chooses. However, you may continue to freely use any Feedback that you provide to The HSD Team.
You understand and agree that The HSD Team is not required to make any use of any Feedback. You agree that if The HSD Team makes use of your Feedback, The HSD Team is not required to credit or compensate you for your contribution.
You represent and warrant that you have sufficient rights in any Feedback that you provide to The HSD Team to grant The HSD Team and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.
8. Disclaimers and Limitations on Liability
THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. The HSD Team does not warrant that (i) the Software will meet your specific requirements; (ii) the Software is fully compatible with any particular platform; (iii) your use of the Software will be uninterrupted, timely, secure, or error-free; (iv) the results that may be obtained from the use of the Software will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your expectations; or (vi) any errors in the Software will be corrected.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT The HSD Team SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF The HSD Team HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE SOFTWARE, including, for example: (i) the use or the inability to use the Software; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Software; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the Software; (vi) or any other matter relating to the Software.
The HSD Team reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice. The HSD Team shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Software.
This Agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to The HSD Team.
It will also terminate immediately if you fail to comply with any term of this Agreement. Upon such termination, the licenses granted by this Agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this Agreement.
10. Governing Law
This Agreement shall be governed by the law of the GB applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of GB therefrom.
If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
As used in this Agreement, the following capitalized words have the following meanings:
“Feedback” means any feedback or suggestions that you provide to The HSD Team regarding the Software.
“HSD Content” means any code, artwork, or other content that The HSD Team makes available to you for use with the Software, other than any User-Generated Content.
“Software” means the proprietary computer software program known as Haluter’s Skin Downloader and any updates or upgrades to the program made available by The HSD Team.
“The HSD Team” is defined as the developers of Haluter’s Skin Downloader and consists of, but is not limited to, Adriaan Jutte, Great Britain and Neeraj Francisco Bindraban, The Netherlands.
“User-Generated Content” means any content generated by you. Either through modification of pre-existing freely available content or newly created content.
“Versions” means any updated or upgraded version of the Software that The HSD Team chooses to make available to the public.
“You”, “your”, “yourself” or “user”, whether or not capitalized in this Agreement, means you as an individual or the legal entity exercising rights under this Agreement through you.
For all issues related to this Agreement, you can contact us at https://discord.gg/RPvmtd8