SPACESHIP END USER LICENSE AGREEMENT

Please read this Agreement carefully. It is a legal document that explains your rights and obligations related to your use of the Software, including any Services you access or purchases you make through the Software. By downloading or using the Software, or by otherwise indicating your acceptance of this Agreement, you are agreeing to be bound by the terms of this Agreement. If you do not or cannot agree to the terms of this Agreement, please do not download or use this Software. In particular, we want to highlight some important terms, policies, and procedures in this Agreement. By accepting this Agreement:

1. You are also agreeing to other Spaceship Author’s rules and policies that are expressly incorporated into this Agreement. Please read them carefully:

   Our Privacy Policy explains what information we collect from you and how we protect it.

   Our Terms of Service explain the rules for our websites.

2. License Grant

   Spaceship Authors grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use the Software and Services for your personal, non-commercial use (the “License”). The rights that Spaceship Authors grants you under the License are subject to the terms of this Agreement, and you may only make use of the License if you comply with all applicable terms.

   The License becomes effective on the date you accept this Agreement. The Software is licensed, not sold, to you under the License. The License does not grant you any title or ownership in the Software.

   Certain Software and Services may be subject to additional terms specific to that Software or Service, including for example Software Specific Terms. By using Software or a Service subject to additional terms, you agree to such additional terms.

3. License Conditions

   You may not do any of the following with respect to the Software or any of their parts: (a) use it commercially or for a promotional purpose; (b) copy, reproduce, display, perform, or otherwise use it in a way that is not expressly authorized in this Agreement or its Software Specific Terms; (c) sell, rent, lease, license, distribute, or otherwise transfer it; (d) reverse engineer, derive source code from, modify, adapt, translate, decompile, or disassemble it or make derivative works based on it; (e) remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it; (f) use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; (g) use, export, or re-export it in violation of any applicable law or regulation; or (h) behave in a manner which is detrimental to the enjoyment of the Software or Services by other users as intended by Spaceship Authors, in Spaceship Author’s sole judgment, including but not limited to the following – harassment, use of abusive or offensive language, spamming, social engineering, or scamming.

4. Updates and Patches

   Spaceship Authors may provide patches, updates, or upgrades to the Software that must be installed in order for you to continue to use the Software or Services. Spaceship Authors may update the Software remotely without notifying you, and you hereby consent to Spaceship Authors applying patches, updates, and upgrades. Spaceship Authors may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Software or Services at any time. You acknowledge that your use of the Software or Services does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Software or Services, including but not limited to any Spaceship Features. You also acknowledge any data, progress, customization related to your use of the Software or Services may cease to be available to you at any time without notice from Spaceship Authors, including without limitation after a patch, update, or upgrade is applied by Spaceship Authors. Spaceship Authors does not have any maintenance or support obligations with respect to the Software or Services.

5. Feedback

   If you provide Spaceship Authors with any Feedback, you hereby grant Spaceship Authors a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation in any country. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Spaceship Authors is not required to make any use of any Feedback that you provide. You agree that if Spaceship Authors makes use of your Feedback, Spaceship Authors is not required to credit or compensate you. You represent and warrant that you have sufficient rights in any Feedback that you provide to Spaceship Authors to grant Spaceship Authors and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.

6. Ownership/Third Party Licenses

   Certain components of the Spaceship may be subject to open-source software licenses (“Open-Source Components”), which means any software license approved as open-source licenses by the Open Source Initiative or any substantially similar licensensed components are available in source code format. To the extent the terms of the licenses applicable to Open-Source Components require Licensor to make an offer to provide source code in connection with the Product, such offer is hereby made, and you may exercise it, you may modify or replace such Open-Sourced components. Spaceship Authors are not obligated to provide any maintenance, technical or other support for the resultant modified components. All other components are owned by Spaceship Authors and their licensors. All rights granted to you under this Agreement are granted by express license only and not by sale. No license or other rights shall be created hereunder by implication, estoppel, or otherwise.

7. No Warranties

   This software is provided by the Spaceship Authors “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the copyright owner or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.

8. No Assignment

   You may not, without the prior written consent of Spaceship Authors, assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. If restrictions on transfer of the Software in this Agreement are not enforceable under the law of your country, then this Agreement will be binding on any transferee of the Software. Spaceship Authors may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.

9. Termination

   Without limiting any other rights of Spaceship Authors, this Agreement will terminate automatically without notice if you fail to comply with any of its terms and conditions. You may also terminate this Agreement by deleting all copies of the Software. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software in your possession.

   Except as expressly stated otherwise herein or to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this Agreement has been terminated.

10. Other Rights

    This Agreement, together with the Terms of Service, Privacy Policy, and any Software Specific Terms or other additional terms you may have agreed to with Spaceship Authors, constitutes the entire agreement between you and Spaceship Authors relating to the subject matter covered by this Agreement. All other communications, proposals, and representations with respect to the subject matter covered by this Agreement are excluded.

    This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this Agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions shall be enforced only to the furthest extent possible under applicable law and the remaining terms of this Agreement will remain in full force and effect.

    Any act by Spaceship Authors to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.

    You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement, except as expressly stated.

    Spaceship Author’s obligations are subject to existing laws and legal process, and Spaceship Authors may comply with law enforcement or regulatory requests or requirements despite any contrary term in this Agreement.