Disk Diet

Disk Diet End-User License Agreement ("Agreement")

Last Updated: September 4, 2023

Acceptance

By installing, copying, or otherwise using Disk Diet ("Software"), the Licensee agrees to be bound by the terms of this Agreement. If the Licensee does not agree to the terms of this Agreement, do not install or use the Software.

License Grant

Tunabelly Software Inc. ("Vendor") grants the Licensee a non-exclusive, non-transferable license to use the Software according to the terms and conditions herein.

Use Rights

The Software is eligible for installation on up to three computers when obtained through our website. For versions acquired from the Mac App Store, the installation limit aligns with Apple's specified guidelines, currently set at five computers.

Software Updates

1. Minor updates to the Software (e.g., 5.5.0 to 5.5.1) are provided at no additional cost.
2. Major version upgrades (e.g., Disk Diet 5.x to Disk Diet 6) may require a separate purchase and the payment of an additional license fee.

Restrictions

1. The Licensee shall not sub-license, assign, or transfer the Software to any third party.
2. The Licensee shall not modify, reverse-engineer, or decompile the Software.
3. Unauthorized distribution of the Software or accompanying materials is expressly forbidden.

Limitation of Liability

1. The Software is provided "as is" and the Vendor disclaims all warranties and conditions, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
2. In no event shall the Vendor be liable for any special, incidental, indirect, or consequential damages whatsoever arising from the use of or inability to use the Software.
3. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
4. The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.

Warrants and Representations

The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.

Indemnification

The Licensee shall indemnify, defend, and hold harmless the Vendor against any claims, demands, losses, damages, or expenses arising out of the Licensee's use, possession, or operation of the Software.

Specific Exclusions

1. Improper installation or unauthorized use of the Software.
2. Use of the Software in conjunction with hardware or software not authorized or supported by the Vendor.
3. Unauthorized modifications to the Software.

Termination

This Agreement is effective until terminated by either party. Unauthorized copying or failure to comply with the above restrictions will result in automatic termination of this Agreement and will make available to the Vendor other legal remedies.

Force Majeure

The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.

Governing Law

This Agreement is governed by the laws of the Province of Ontario, Canada.

Entire Agreement

This Agreement represents the entire understanding between the parties and supersedes all prior oral agreements and representations between the parties relating to the Software.

Miscellaneous

1. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
2. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
3. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
4. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor's successors and assigns.

Amendments

Any modification to this Agreement must be in writing and signed by a duly authorized representative of both parties.