End User License Agreement
IMPORTANT — READ CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE
This End User License Agreement ("Agreement" or "EULA") is a legally binding contract between you ("You" or "User") and thinkertankApps ("Licensor", "We", "Us", or "Our"), located in Ontario, Canada, governing your use of UltraWall, including all associated files, assets, documentation, and future updates ("Software").
BY CLICKING "I HAVE READ AND AGREE TO THE TERMS" DURING INSTALLATION, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE. YOU MAY REQUEST A REFUND IN ACCORDANCE WITH SECTION 8 OF THIS AGREEMENT.
1. License Grant
Subject to your acceptance of and compliance with this Agreement, thinkertankApps grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use one (1) copy of the Software on a single personal computer ("Licensed Device") that you own or control, for your own personal, non-commercial purposes.
This is a license, not a sale. thinkertankApps retains all ownership rights in and to the Software.
2. Scope of License — Single Device
This license authorizes installation and use on ONE (1) device only. You may not install or use the Software on additional devices under a single license. If you wish to use the Software on more than one device, you must purchase a separate license for each additional device.
You may make one (1) backup copy of the Software solely for archival purposes, provided you retain all copyright and proprietary notices on the backup copy.
3. Restrictions
You may NOT:
- Install or use the Software on more than one device per license purchased;
- Copy, reproduce, distribute, publish, sell, sublicense, or transfer the Software or any copy thereof to any third party;
- Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software, except to the limited extent permitted by applicable law that cannot be contractually excluded;
- Remove, alter, or obscure any copyright notice, trademark, or other proprietary rights notice contained in or on the Software;
- Use the Software for any unlawful purpose or in violation of any applicable local, provincial, federal, or international law or regulation;
- Rent, lease, lend, or otherwise transfer access to the Software to any third party.
4. Commercial Use Restriction
This license is granted for PERSONAL, NON-COMMERCIAL USE ONLY.
You may NOT use the Software in connection with any commercial activity, including but not limited to: use on a device owned or operated by a business or organization; use to support commercial operations or services; or use on behalf of an employer or client.
If you are a business, organization, or individual seeking to use the Software in a commercial context, you must obtain a separate commercial license. To inquire about commercial licensing, please contact:
Email: thinkertank@thinkertankapps.com
Use of the Software for commercial purposes without a valid commercial license constitutes a material breach of this Agreement.
5. Intellectual Property and Ownership
The Software, including but not limited to all code, algorithms, user interface elements, graphics, icons, artwork, audio, video, text, documentation, and all updates, modifications, and derivative works, is and remains the exclusive intellectual property of thinkertankApps.
This Agreement does not grant you any rights to the trademarks, service marks, trade names, or logos of thinkertankApps.
All rights not expressly granted to you in this Agreement are reserved by thinkertankApps.
The Software is protected by Canadian copyright law (Copyright Act, R.S.C. 1985, c. C-42), applicable intellectual property laws, and international treaties. Unauthorized reproduction or distribution of the Software, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under applicable law.
6. Third-Party Components
The Software includes third-party open-source components and separately licensed proprietary redistributables. These components are subject to their own respective license terms, which are separate from and independent of this Agreement.
An inventory of third-party components and their applicable terms is provided in THIRD-PARTY-NOTICES.txt and the accompanying supplier license and notice files, which are distributed with the Software and installed alongside it.
Nothing in this Agreement limits, supersedes, or modifies your rights under applicable third-party license terms.
7. Updates and Upgrades
thinkertankApps may, at its sole discretion, provide updates, patches, bug fixes, or enhancements to the Software from time to time ("Updates").
A single purchase of UltraWall entitles you to receive all future Updates to the Software at no additional cost, for as long as the Software is actively maintained by thinkertankApps.
thinkertankApps makes no guarantee regarding the frequency, timing, or content of Updates. thinkertankApps reserves the right to modify, discontinue, or end support for the Software at any time, with reasonable notice where practicable.
8. Refund Policy
The Software is distributed exclusively through the Microsoft Store and Steam. Refunds are handled by the platform through which you purchased the Software, in accordance with that platform's refund policy:
- For purchases made through the Microsoft Store: refunds are subject to Microsoft's own refund policy and are processed directly by Microsoft.
- For purchases made through Steam: refunds are subject to Steam's (Valve's) refund policy and are processed directly through Steam.
To request a refund, use the refund process of the platform through which you made your purchase. thinkertankApps does not process payments and cannot issue refunds directly for platform purchases.
Upon receiving a refund, your license to use the Software is immediately terminated, the platform of purchase may revoke your access to the Software, and you must uninstall and delete all copies of the Software from your device.
Nothing in this Section limits any consumer rights you may have that cannot be excluded, restricted, or modified by contract, including rights under the Ontario Consumer Protection Act, 2002 (see Section 12).
9. Privacy
UltraWall is designed as a fully offline application. The Software itself does not collect, transmit, or share any personal information from your device.
However, the purchase and delivery of the Software may involve the collection and processing of certain personal information by our distribution partners (the Microsoft Store or Steam). Please refer to our Privacy Policy, available at https://thinkertankapps.com/privacy, for full details on how thinkertankApps handles personal information associated with your purchase and any customer support interactions.
10. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THINKERTANKAPPS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THINKERTANKAPPS DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, AND USE OF THE SOFTWARE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THINKERTANKAPPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSSES, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THINKERTANKAPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THINKERTANKAPPS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SOFTWARE EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE.
12. Consumer Rights
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE, RESTRICT, OR MODIFY ANY CONSUMER RIGHTS OR GUARANTEES THAT CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED BY CONTRACT UNDER APPLICABLE LAW, INCLUDING RIGHTS UNDER THE ONTARIO CONSUMER PROTECTION ACT, 2002 (AS AMENDED) OR OTHER APPLICABLE CONSUMER PROTECTION LEGISLATION.
WHERE APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN LIABILITIES, THE EXCLUSIONS AND LIMITATIONS IN SECTIONS 10 AND 11 APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY THAT LAW.
You may have additional rights under the laws of your jurisdiction that this Agreement cannot change.
13. Termination
This Agreement is effective from the date you install or first use the Software and remains in effect until terminated.
Your rights under this Agreement will terminate automatically and without notice from thinkertankApps if you fail to comply with any term of this Agreement.
Upon termination for any reason:
- All rights granted to you under this Agreement immediately cease;
- You must immediately uninstall the Software and destroy all copies of the Software in your possession or control;
- Sections 5, 10, 11, 12, 14, and 15 of this Agreement shall survive termination.
14. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any dispute arising out of or relating to this Agreement or the Software shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, Canada.
15. General Provisions
- Entire Agreement: This Agreement, together with the Privacy Policy at https://thinkertankapps.com/privacy and the THIRD-PARTY-NOTICES.txt file included with the Software, constitutes the entire agreement between you and thinkertankApps with respect to the Software, and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties.
- Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and effect.
- Waiver: The failure of thinkertankApps to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.
- No Assignment: You may not assign or transfer this Agreement or any rights granted hereunder without the prior written consent of thinkertankApps. Any attempted assignment in violation of this section is void.
- Updates to This Agreement: thinkertankApps reserves the right to update this Agreement from time to time. Continued use of the Software following notice of any such changes constitutes your acceptance of the revised Agreement. The current version of this Agreement will always be available at: https://thinkertankapps.com/eula
16. Contact Information
For questions, refund requests, commercial licensing inquiries, or any other matters related to this Agreement or the Software, please contact:
thinkertankApps
Ontario, Canada
Email: thinkertank@thinkertankapps.com
Website: https://www.thinkertankapps.com