End-user license agreement

This end user license agreement ("Agreement") is a legal contract between you ("you", "your") and Elena Maher ("Licensor", "we", "us", "our") for the Superset Files desktop application, its installers, updates, and accompanying documentation (together, the "Software"). It governs your purchase and use of the Software as a paying or trial end user.

By downloading, installing, activating, or using the Software, you agree to be bound by this Agreement. If you do not agree, do not install or use the Software, and do not complete a purchase. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

This Agreement is the purchase-and-use license for end users. It is separate from the license notice contained in the Software's public source repository, which addresses a different audience; where the two describe the same proprietary terms, they are intended to be read consistently, and this Agreement governs your use of the Software as a customer.

The Software is licensed, not sold. No title to or ownership of the Software is transferred to you.

1. License grant

Subject to your compliance with this Agreement and, for paid use, your payment of the applicable fee, Licensor grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software in object (compiled) form only, on Mac computers that you own or control, for your own personal or internal business use.

This is a one-time, perpetual license for the major version of the Software that you purchased. "Perpetual" means that, so long as you comply with this Agreement, your right to continue using the version covered by your license does not expire on a fixed date. It does not entitle you to future major versions that Licensor may release and market as separate paid products.

The license entitles you to install and activate official, Licensor-signed builds of the Software using a valid license key (see Section 3).

2. Free trial

Licensor may make the Software available on a free trial basis for a period of fourteen (14) days from your first use, without requiring payment or payment-card details to begin the trial. The trial is provided so that you can evaluate the Software before purchasing.

The trial is provided "as is" and on the same disclaimers and limitations as the rest of this Agreement (see Sections 8 and 9). Licensor may change, suspend, limit the features of, or discontinue the trial at any time. When the trial period ends, you must purchase a license to continue using the Software; otherwise your license to use the Software terminates and you must stop using it (see Section 10).

The free trial is the intended way to try the Software before buying. Because a trial is available, all purchases are final (see Section 7).

3. License key, activation, and update entitlement

A paid license is delivered as a license key. Activating the Software validates your license key with our licensing provider (see Section 12) over the internet at the time of purchase and activation, and periodically thereafter, to confirm that the license is valid and within its activation limits.

A single license permits activation on a limited number of Mac computers that you own or control. Activations beyond that limit may be refused until you deactivate an existing device. Licensor may set and adjust reasonable activation limits and may take reasonable measures to detect and prevent misuse or the sharing of license keys.

Your paid license includes an update entitlement for the major version you purchased: you are entitled to receive maintenance and update releases that Licensor issues within that major version (for example, bug-fix and minor feature updates). The update entitlement does not include major-version upgrades that Licensor releases and markets as separate paid products, and it does not obligate Licensor to release any particular update, to maintain any release on any schedule, or to support any version indefinitely.

4. Prohibited uses

Except as expressly permitted by this Agreement or by applicable law notwithstanding a contractual restriction, you may not, and may not authorize or enable any third party to:

1. copy, reproduce, publish, distribute, host, or otherwise make available the Software, its installers, its builds, or any license key, in whole or in part, other than a single backup copy for your own archival use;
2. resell, rent, lease, lend, sublicense, assign, transfer, share, or commercially exploit the Software or any license key, or provide it to any third party as a service;
3. reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or underlying ideas of the Software, except and only to the extent that this restriction is prohibited by applicable law;
4. modify, adapt, translate, or create derivative works based on the Software;
5. circumvent, disable, or interfere with the Software's license validation, activation, or update mechanisms, or use a license key you did not lawfully obtain;
6. remove, obscure, or alter any copyright, trademark, or other proprietary notice in or on the Software; or
7. use the Software in violation of any applicable law or regulation.

5. Ownership and intellectual property

Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights in it, and including any updates, enhancements, and modifications. All rights not expressly granted to you in this Agreement are reserved by Licensor. No rights are granted to you by implication, estoppel, or otherwise. The "Superset Files" and "Superset" names and any associated logos are the property of Licensor; this Agreement does not grant you any right to use them except as necessary to run the Software as licensed.

Your files remain yours. The Software operates locally on folders you choose, and this Agreement grants Licensor no rights in the content you open, create, or edit with the Software.

6. Third-party components

The Software may incorporate third-party open-source components, each of which remains governed by its own license. To the extent such components are included, their notices are provided with the Software, listing those components and their license terms. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms of any applicable open-source license for those components. To the extent an open-source license for a component conflicts with this Agreement with respect to that component, the open-source license governs for that component.

7. Payment, taxes, and no refunds

The Software is sold through our third-party merchant of record (see Section 12), who is the seller of record for your purchase, processes payment, issues your receipt, and is responsible for collecting and remitting any applicable sales tax, VAT, or similar taxes. Prices are as stated at the point of sale and may change for future purchases.

All sales are final and, except as required by law, no refunds are provided. The free 14-day trial (Section 2) is the mechanism to evaluate the Software before you buy. This no-refund posture does not override any mandatory statutory consumer rights that cannot be waived — for example, rights of withdrawal or cancellation under EU or UK consumer law, or non-excludable guarantees under the Australian Consumer Law — which continue to apply to the extent they are legally required in your jurisdiction. The merchant of record may also operate its own buyer-protection or dispute terms; those are a matter between you and the merchant of record. Refund and cancellation requests are addressed in the refund policy and are handled through the merchant of record.

8. No warranty

To the maximum extent permitted by applicable law, the Software is provided "as is" and "as available", without warranty of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Licensor does not warrant that the Software will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that any particular result, feature, update, or level of support will be provided; or that the Software will be free of harmful components. You are responsible for maintaining your own backups of your files. Any support Licensor may provide is offered on a reasonable-efforts basis and does not create any service-level, uptime, response-time, or availability commitment.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you; in that case, such warranties are limited to the minimum scope and duration permitted by applicable law.

9. Limitation of liability

To the maximum extent permitted by applicable law, in no event will Licensor be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to this Agreement or your use of or inability to use the Software, however caused and under any theory of liability, even if Licensor has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, Licensor's total cumulative liability arising out of or related to this Agreement or the Software will not exceed the amount you actually paid for the Software during the twelve (12) months preceding the event giving rise to the claim.

These limitations apply even if a remedy fails of its essential purpose. Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud; and nothing in this Agreement affects any mandatory statutory consumer rights that cannot be waived.

10. Term and termination

This Agreement is effective until terminated. It will terminate automatically and without notice if you fail to comply with any of its terms. Licensor may also terminate the license granted for a specific license key if that key is found to have been obtained, used, or shared in breach of this Agreement.

Upon termination, your license ends, you must stop all use of the Software, and you must delete or destroy all copies in your possession or control (other than a copy you are required by law to retain). Termination does not entitle you to any refund. Sections 4 through 9, this Section 10, and Sections 11 through 13 survive termination.

11. Privacy and network activity

The Software is designed to operate locally on folders you choose, and it does not send your file contents or local file paths to Licensor as a matter of course. The Software makes network connections only for: (a) checking for and downloading application updates from the update feed; (b) validating and activating your license with the merchant of record and licensing provider at purchase and activation time; and (c) sending anonymous crash and diagnostic reports, which are opt-in and off by default. If your own documents reference remote images or resources, the Software may load them over the network to display your content, as it would for any content you open. Licensor's handling of any data it receives is described in the privacy policy.

12. Merchant of record and licensing provider

The Software is sold and licensed to you through our third-party merchant of record, who is the seller of record for your transaction at your point of sale and is responsible for payment processing, receipts, and the collection and remittance of applicable taxes. For the direct-download launch, the merchant of record and license-key provider is Freemius. Your purchase is also subject to the merchant of record's own terms and policies in addition to this Agreement. This does not change the scope of the license granted to you by Licensor under this Agreement.

13. Governing law and general terms

This Agreement is governed by the laws applicable to Licensor's place of residence, without regard to conflict-of-law principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods. This choice of law does not deprive you of the protection of mandatory consumer-protection provisions of the law of the country in which you habitually reside, where those provisions apply and cannot be waived.

If any provision of this Agreement is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Licensor's failure to enforce any right or provision is not a waiver of that right or provision. You may not assign or transfer this Agreement or any license key without Licensor's prior written consent; Licensor may assign this Agreement in connection with a merger, acquisition, or sale of assets.

Licensor may update this Agreement for future releases or purchases; the version you accepted at the time of your purchase governs that purchase, except where a later version is required to reflect changes in law or is accepted by you.

This Agreement, together with the refund policy, the privacy policy, and any notices file provided with the Software, is the entire agreement between you and Licensor regarding the Software, and it supersedes any prior or contemporaneous agreement, whether written or oral, relating to its subject matter.

Contact

• Support: support@supersetfiles.com
• Privacy and legal: privacy@supersetfiles.com
• Security: security@supersetfiles.com