Lode Application Terms and Conditions

These Lode Applications Terms and Conditions (“Application Terms”, “Terms”) are a legal agreement between you (either as an individual or on behalf of an entity) and Tomas Buteler (“Developer”, “us”, “we”, or “our”) regarding your use of the Lode applications and associated documentation (the “Software”). These Application Terms apply to the executable code version of the Software. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS APPLICATION TERMS, DO NOT INSTALL, USE OR COPY THE SOFTWARE.

The Agreement

By downloading, installing, using, or copying the Software, you accept and agree to be bound by the Application Terms. If you do not agree to all of the Application Terms, you may not download, install, use or copy the Software.

End-User License

If you agree to the Application Terms, you may install and use the Software for any lawful purpose consistent with this Application Terms. This software is licensed, not sold. The Developer reserves all other rights not granted by the Application Terms.

Open Source Licenses and Notices

Copies of all applicable open source licenses are included in the “Open Source Notices” documentation that is included with the Software.

To the extent the terms of the licenses applicable to open source components require us to make an offer to provide source code in connection with the Software, such offer is hereby made, and you may exercise it by contacting us.

Unless otherwise agreed to in writing with the Developer, your agreement with the Developer will always include, at a minimum, these Application Terms. Open source software licenses for the Software’s source code constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Application Terms, the open source licenses govern your agreement with the Developer for the use of the Software or specific included components of the Software.

Privacy Notices

The Software may automatically communicate with the Developer’s or a third-party’s servers for the following purposes: (1) updating the Software; (2) sending error reports; (3) sending anonymized usage data so we may improve the Software. If you do not consent to these communications, you must uninstall the Software.

1. Automatic Software Updates. The Software communicates with the Developer’s servers to determine whether there are any patches, bug fixes, updates, upgrades or other modifications to improve the Software. You agree that the Software may automatically install any such improvements to the Software on your computer without providing any further notice or receiving any additional consent. This feature may not be disabled. If you do not want to receive automatic updates, you must uninstall the Software.
2. Error Reports. In order to help us improve the Software, when the Software encounters certain errors, it can automatically send some information to the Developer about the error. This feature may not be disabled. If you do not want to send error reports to the Developer, you must uninstall the Software.
3. Anonymized Usage Data. The Developer collects anonymized data about your usage of the Software to help us improve it. This may include geographical information. The reason we collect this is to understand how often users engage in certain behaviors, what problems they might be facing in a recurring basis.

Beta Period

The Developer understands that in the initial phase of the product some features may not be fully stable or allow for a complete experience (i.e. product is currently in the “beta” phase of development). As such, licensing fees for the use of the Software is significantly reduced. The Developer, in its sole discretion and at any time, may choose to terminate the beta period and/or modify the licensing fees.

Disclaimers and Limitations of 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 Developer 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 COMPANY 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 COMPANY 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; (v) or any other matter relating to the Software.

The Developer 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 Developer shall not be liable to you or to any third-party for any price change, suspension or discontinuance of the Software.

Miscellanea

• No Waiver. The failure of the Developer to exercise or enforce any right or provision of these Application Terms shall not constitute a waiver of such right or provision.
• Entire Agreement. These Application Terms, together with any applicable Privacy Notices, constitutes the entire agreement between you and the Developer and governs your use of the Software, superseding any prior agreements between you and the Developer (including, but not limited to, any prior versions of the Application Terms).
• Governing Law. You agree that these Application Terms and your use of the Software are governed under Portugal law and any dispute related to the Software must be brought in a tribunal of competent jurisdiction located in or near Lisbon, Portugal.
• Third-Party Packages. The Software supports third-party “Packages” which may modify, add, remove, or alter the functionality of the Software. These Packages are not covered by these Application Terms and may include their own license which governs your use of that particular package.
• No Modifications; Complete Agreement. These Application Terms may only be modified by a written amendment signed by an authorized representative of the Developer, or by the posting by the Developer of a revised version. These Application Terms, together with any applicable Open Source Licenses and Notices and any applicable Privacy Statements, represent the complete and exclusive statement of the agreement between you and us. These Application Terms supersede any proposal or prior agreement oral or written, and any other communications between you and the Developer relating to the subject matter of these terms.
• These Application Terms are adapted from GitHub Desktop’s terms (opens new window) which are kindly licensed under the Creative Commons Attribution license (opens new window).
• Please contact us with any questions about these Application Terms.