End User License Agreement for Neonto Software

Unless replaced by a product-specific EULA, this agreement applies to all Neonto products including React Studio, Neonto Native Studio and Neonto Studio Pro.

Please read this End User License Agreement (“EULA”) before using the Software.

By purchasing a License Key and/or downloading and using the Software and/or accessing or signing up for the Services provided by Neonto, you agree to be bound by the terms of this EULA. If you do not agree with the terms of this EULA, do not purchase a License Key and/or download and use the Software and/or access or sign up for the Services.

If you accept the terms and conditions in this EULA on behalf of a company or other legal entity, you warrant that you have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

You may not accept this EULA if you are not of legal age to form a binding contract with Neonto.

1. Definitions

In this EULA the expressions below shall have the meaning assigned to them in this section, unless the context requires otherwise:

2. General

This EULA applies to any licenses granted to you by Neonto for the use of the Software and/or Services.

By purchasing a License Key for the Software and/or downloading and using the Software and/or accessing or signing up for the Services, you enter into this EULA with Neonto.

This EULA may be modified from time to time. Neonto will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the provision of the License Key. Any modifications to this EULA shall only apply upon acceptance by you.

3. License

Neonto grants you a non-exclusive, non-transferable, limited, revocable license to Use the Software in accordance with this EULA. Neonto reserves all rights not expressly granted to you.

Neonto is and remains the owner of any intellectual property rights with respect to the Software. You shall not acquire any ownership to the Software as result of your purchase of the License Key or your Use of the Software or the Services.

4. Use of the Software

In order to be able to Activate the Software and receive Updates and upgrades, your computer shall have access to the Internet and shall meet the system requirements listed on the Neonto website for Software.

You may Use the Software for the duration of the License Term (such as a subscription period) specified either on the webpage of the store where you purchase the license or in any applicable agreement concerning the purchase of the license (as stand-alone product or as part of a subscription) to Use the Software. After the end of the License Term, you may not continue to Use the Software unless the purchase-time agreement made between you and Neonto pertaining to the License Key explicitly includes a Perpetual License clause, in which case you may continue to Use the Software but are not eligible to receive Updates from Neonto.

You may Use the Software on one computer only, unless you have purchased (a) a volume license or (b) more than one Full version or Trial version. In the event you have purchased a volume license or more than one Full version or Trial version, the number of computers you may Use the Software on shall not exceed the number of the Full version or Trial version purchased. If you exceed the limit, Neonto may block the License Key.

You shall Use the Full version or Trial version in accordance with applicable laws and shall not:

  1. Use the Trial version on any system where the Trial version was previously Used and expired;
  2. rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key, the Full version or the Trial version; 
  3. assign the License Key, the Full version or the Trial version without prior written approval of Neonto;
  4. Use the Full version or Trial version for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
  5. delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Software; or
  6. copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Software and the License Key or any parts thereof, except to the extent permitted by applicable law.

Neonto may modify the Software at any time at its sole discretion and without notice to you, for example to comply with applicable law or a court order, to avoid a third-party infringement claim or to provide Updates and upgrades.

5. Terms of Use of the Services

Both the Full version and Trial version may optionally provide access to online Services. If such access is provided by Neonto and on the condition that you comply with these Terms, Neonto grants to you a limited, non-transferable, non-exclusive license, during the term of these Terms, to access and use the Services for your internal purposes. 

As between you and Neonto, and subject to the licenses granted under these Terms, you reserve all right, title and interest in and to the content, data and other materials you post and use in connection with the Services (collectively, your “Client Materials”). Neonto reserves all right, title and interest in and to the Services, including all intellectual property rights underlying and related to the Services. 

You agree that you are solely responsible for your conduct (and the conduct of anyone using your account) with respect to the Services, and you agree that you will not do or attempt to do any of the following in connection with the Services:

Any use of the Services in violation of the Terms may result in, among other things, termination or suspension of your rights to use the Services (or any portion of the Services).

You represent and warrant that: (a) you have all requisite rights in your Client Materials required to use your Client Materials with the Services as contemplated by these Terms; (b) none of your Client Materials infringe, violate or misappropriate any intellectual property rights, rights to privacy, rights to publicity or any other third party rights; (c) your Client Materials do not contain any material or information that is obscene, pornographic, indecent or sexually explicit; depicts graphic, excessive or gratuitous violence, derogatory, demeaning, inflammatory, malicious, defamatory, abusive, offensive or hateful, libelous, or slanderous; and (d) your Client Materials do not contain any material or information that is illegal or fraudulent or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense. 

You grant Neonto a non-exclusive, royalty-free right to use, store, reproduce, store, modify and create derivative works of all of your Client Materials used by you in connection with Services solely with respect to the operation of the Services. You are solely responsible for creating backup copies of and replacing your Client Materials at your sole cost and expense. 

The Services may include certain interactive areas where users of the Services can, at their sole option, choose to post their Client Materials and allow other users of the Service to view, comment on and interact with such Client Materials (“Public Client Materials”). Public Client Materials is publicly viewable. By submitting or posting Public Client Materials, you hereby grant Neonto a non-exclusive, royalty-free license to publicly display the Public Client Materials. 

Neonto reserves the right, but does not have the obligation, to remove, screen, or edit any Public Client Materials at any time and for any reason without notice. You will not (and will not allow or authorize any third party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Service any of Public Client Materials or other information that may (i) expose Neonto or others to harm or liability; (ii) contain private information of any third parties, including addresses, phone numbers, and payment card information; or (iii) inhibit any other person from using or enjoying the Service.

6. Maintenance and support

Neonto will notify you of any available Updates and upgrades.

You will be entitled to receive Updates free of charge during the License Term defined when you purchased the License Key for the Full version. In order to receive Updates after the end of the License Term, you will need to renew your License Key for a new Subscription Period. This requirement applies even if the purchase-time agreement made between you and Neonto pertaining to the License Key includes a Perpetual License clause, as Perpetual License explicitly does not include access to Updates.

Any maintenance and support provided by Neonto, including the provision of Updates and upgrades, will be provided purely on an “AS IS” basis without any warranty as soon as reasonably practical, subject to availability of personnel and any technical constraints such as availability of server capacity required to provide the Update downloads.

7. Use of data

Neonto and its subsidiaries may periodically collect and use technical and related data concerning the Software you have licensed and the Services you have used, including data about the version number of the Software you have installed and about the system you have installed the Software on. Neonto will use such data to facilitate maintenance and support with respect to the Software, to improve its products and to provide further services or technologies to you.

Neonto may process personal data with respect to you, if and to the extent necessary to provide the License Key, to provide maintenance and support to you with respect to the Software and to comply with its obligations under this EULA. To the extent Neonto will process personal data, it will comply with its obligations under applicable data protection law.

8. Disclaimer

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEONTO EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND ANY CLIENT MATERIALS CREATED AS A RESULT OF THE SERVICES.

No oral or written advice given by Neonto, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and you may not rely upon such information or advice.

9. Indemnification

You, at your sole expense, will defend, indemnify and hold Neonto and its directors, officers, shareholders, employees, consultants, affiliates, agents, successors and assignees (collectively, “Indemnitees”) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, expert witnesses’ costs and fees, costs, penalties, interest and disbursements) arising from or relating to: (a) any breach or alleged breach of this EULA and/or its Section 5 Terms of Use of the Services (including, but not limited to, any breach or alleged breach of any representation or warranty); (b) any negligent act or willful misconduct by you; or (c) your Client Materials (including any Public Client Materials).

10. Liability limitation

IN NO EVENT WILL: (A) NEONTO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NEONTO HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) NEONTO’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED USD $100.00. YOU WILL NOT BRING ANY ACTION AGAINST NEONTO, REGARDLESS OF FORM, ARISING OUT OF OR INCIDENTAL TO THESE TERMS, MORE THAN TWO YEARS AFTER THE CAUSE OF ACTION FOR SUCH CLAIM HAS ACCRUED.

11. Termination

This EULA will continue to be in force until the expiry or termination of the Full version or Trial version.

The Full version or Trial version will terminate automatically at the end of the applicable License Term, unless renewed or Activated prior to the end of the applicable License Term.

Neonto is entitled to terminate the Full version or Trial version by blocking the License Key during the License Term with immediate effect and without prior notice in the event you fail to comply with the terms in this EULA, in the event you fail to pay any agreed renewal or subscription fee for the License Key within the applicable payment term, or in the event Neonto is required to do so by law or by an order of an applicable court.

Upon termination of the Full version or Trial version, you shall cease all use of the Software and shall destroy all copies thereof.

You acknowledge that the provisions of this EULA which by their nature are intended to survive termination will remain in effect after termination of this EULA.

12. Governing law and disputes

This EULA shall be governed by and construed in accordance with the laws of Finland.

Any dispute between Neonto and you shall exclusively be submitted to the competent court in Helsinki, Finland.