By receiving, opening the file package, and/or using Insomnia REST Client (“Software”) containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Floating Keyboard Software your use of Insomnia REST Client indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Floating Keyboard Software grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Insomnia REST Client in accordance with this Agreement and any other written agreement with Floating Keyboard Software. Floating Keyboard Software does not transfer the title of Insomnia REST Client to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Floating Keyboard Software and the purchasers or users of Insomnia REST Client .
If you do not agree to be bound by this agreement, remove Insomnia REST Client from your computer now and, if applicable, promptly return to Floating Keyboard Software by mail any copies of Insomnia REST Client and related documentation and packaging in your possession.
Insomnia REST Client and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Insomnia REST Client contact Floating Keyboard Software.
3. USER AGREEMENT
Your license to use Insomnia REST Client is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Insomnia REST Client .
3.2 Use Restrictions
You shall use Insomnia REST Client in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Insomnia REST Client together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Insomnia REST Client may be used on one single computer location by one user. Use of Insomnia REST Client means that you have loaded, installed, or run Insomnia REST Client on a computer or similar device. If you install Insomnia REST Client onto a multi-user platform, server or network, each and every individual user of Insomnia REST Client must be licensed separately.
You may make one copy of Insomnia REST Client for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Insomnia REST Client . The assignment, sublicense, networking, sale, or distribution of copies of Insomnia REST Client are strictly forbidden without the prior written consent of Floating Keyboard Software. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Insomnia REST Client . If any person other than yourself uses Insomnia REST Client registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Insomnia REST Client . Nor can you create any derivative works or other works that are based upon or derived from Insomnia REST Client in whole or in part.
Floating Keyboard Software’s name, logo and graphics file that represents Insomnia REST Client shall not be used in any way to promote products developed with Insomnia REST Client . Floating Keyboard Software retains sole and exclusive ownership of all right, title and interest in and to Insomnia REST Client and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Insomnia REST Client, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Floating Keyboard Software.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Floating Keyboard Software, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Floating Keyboard Software’s Software.
In no event (including, without limitation, in the event of negligence) will Floating Keyboard Software, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Insomnia REST Client or the use or inability to use Insomnia REST Client or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Floating Keyboard Software’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Floating Keyboard Software ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Floating Keyboard Software.
Except as expressly stated in writing, Floating Keyboard Software makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the Canada applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Canada therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Insomnia REST Client and destroy all copies of Insomnia REST Client supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Insomnia REST Client AS WELL.
5. CONSENT OF USE OF DATA
You agree that Floating Keyboard Software may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Insomnia REST Client. Floating Keyboard Software may also use this information to provide notices to you which may be of use or interest to you.