End User License Agreement (EULA)

Last Updated 27th October 2025

0. Initial Information

This End User License Agreement (“Agreement”) is a legal contract between you (“User” or “You”) and Benshawmean (“Licensor”) governing your use of the software application, including any open-source components, proprietary paid features, optional add-ons, modules, updates, and related materials (collectively, the “Software”). By downloading, installing, activating, or using the Software, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not use the Software.

1. License Grant

Licensor grants you a limited, non-exclusive, non-transferable, and revocable license to use the Software solely for personal use, or internal business purposes in accordance with this Agreement. This license covers open-source components under their respective licenses and proprietary paid features when properly activated.

2. Open-Source Components

Components of the Software may utilize publicly licensed open-source software. These components are governed by their respective open-source licenses, which supersede this Agreement where required by law.

3. Proprietary Paid Features

Access to proprietary paid features: (a) requires valid purchase and activation, (b) may require recurring license validation, and (c) may be revoked for violation of this Agreement. Failure to validate, or evidence of tampering, may result in temporary or permanent deactivation.

4. Periodic License Validation

The Software may periodically connect to an authorization server to verify license key status, activation integrity, device identity (hashed fingerprint), and telemetry necessary to prevent abuse. If validation fails, access to proprietary features may be suspended.

5. Device Fingerprinting

To enforce single-device usage, the Software may generate a hashed fingerprint based on: (a) MAC address(es), (b) hardware identifiers, (c) operating system metrics, and (d) other machine traits. These identifiers are used solely for anti-piracy and licensing enforcement. Tampering with, spoofing, or obfuscating device identity is prohibited.

6. Single-Device Limitation

Unless otherwise stated, a license may be active on one physical device at a time. Attempting concurrent usage may trigger deactivation.

7. License Transfers

Transfers to a new device: (a) must be requested through the Licensor’s support channel, (b) may require deactivation of prior installations, and (c) may be limited in frequency. Unauthorized duplication constitutes misuse of the license.

8. Termination

Licensor may terminate this Agreement and/or deactivate licensing: (a) at any time, (b) for any reason, and (c) with or without notice. Upon termination, you must discontinue use of all proprietary components and delete all associated license files.

9. Appeals Process

Users deactivated due to suspected abuse may request review through a designated appeals pathway (process forthcoming). Licensor retains full discretion regarding reinstatement decisions.

10. Support and Breakage

If the Software becomes inoperable due to unexpected issues not caused by: (a) Tampering, (b) Unauthorized modification, (c) Environmental incompatibility …you must contact Licensor through official support channels. No guarantee of resolution or turnaround time is provided.

11. Restrictions

You may not: (a) reverse engineer, decompile, or disassemble proprietary components, (b) circumvent or tamper with license validation, (c) distribute proprietary features without permission, (d) bypass device fingerprint checks, or (e) sell, rent, or sublicense activation credentials. Open-source components remain governed by their respective licenses.

12. Data Collection

The Software may collect and transmit anonymous usage data to improve functionality and user experience. This data may include device information, usage patterns, and performance metrics. No personally identifiable information is collected without your consent. This data is used solely for security, anti-abuse, and stability purposes.

13. Updates

Updates may: (a) modify features, (b) adjust validation requirements, (c) change telemetry collection policies. Continued use constitutes acceptance of update changes.

14. Disclaimer of Warranties

The Software is provided "AS IS" and "AS AVAILABLE", without warranty of any kind, express or implied, including but not limited to: (a) merchantability, (b) fitness for a particular purpose, (c) non-infringement. Your use is at your own risk.

15. Limitation of Liability

To the fullest extent permitted by law, Licensor shall not be liable for: (a) indirect, incidental, consequential, punitive, or special damages, (b) loss of revenue or data, (c) inoperability caused by failed validation. Some jurisdictions may not allow all limitations; portions may not apply.

16. Indemnification

You agree to indemnify and hold Licensor harmless from claims resulting from: (a) misuse of the Software, (b) unauthorized distribution, (c) violation of this Agreement.

17. Governing Law

This Agreement is governed by the laws of the State of Michigan, USA, without regard to conflict-of-law principles.

18. Mandatory Arbitration

All disputes, claims, or controversies arising from this Agreement or Software use shall be resolved exclusively through binding arbitration conducted in Michigan. Each party is responsible for their own costs and the arbitrator’s decision is final and binding. Arbitration is the sole method of dispute resolution unless mutually waived in writing.

19. Waiver of Court and Class Action Rights

By accepting this Agreement, you expressly waive: (a) the right to file a lawsuit in court, (b) the right to participate in class actions, (c) the right to pursue government-based legal remedies, unless: (i) all parties provide written consent, or (ii) a competent court terminates this Agreement for reasons unrelated to content herein.

20. Extended Scope of Waiver

This waiver extends to: (a) companion applications, (b) successor products, (c) directly associated developer projects. It does not apply to: (i) unrelated third-party projects, (ii) entities the Licensor does not legally control.

21. Exceptions

This waiver does not apply where prohibited by law, in regulatory actions, or where consumer rights require court access.

22. Severability

If any provision is found invalid or unenforceable, remaining sections continue in full force.

23. Survival

The following provisions survive termination: (a) arbitration agreement, (b) liability limitations, (c) waiver of class action rights, (d) data rights enforcement.

24. Entire Agreement

This Agreement constitutes the complete understanding between the parties and supersedes all prior discussions, proposals, or agreements.

25. Contact

Questions, appeals, and support requests, please contact the developer at: ben@benshawmean.com

26. Final Agreement/Acknowledgment

By installing or using the Software, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

If you have any questions or concerns regarding these Terms, please contact us at legal@benshawmean.com. By using the Website, you acknowledge that you have read, understood, and agreed to these Terms of the Privacy Policy. If you do not agree to these Terms, please refrain from accessing or using the Website.