HYPERIN END USER LICENSE AGREEMENT (EULA)

Limited Warranty and License Agreement

Applicable from: January 2018

Introduction

This Limited Warranty and License Agreement (“Agreement”) is a legal agreement between you and HyperIn Inc. (“HyperIn”), governing your use of HyperIn’s software and related services. By installing, accessing, or using the software, you acknowledge that you have read, understood, and agreed to the terms of this Agreement. If you do not agree, do not install or use the software.

1. License Grant

1.1 Scope of License
HyperIn grants you a non-exclusive, non-transferable, non-sublicensable, limited license to install and use one copy of the software for personal use on a single computer or mobile device. Your right to use the software is conditioned on your compliance with this Agreement.

1.2 Ownership
This license does not constitute a sale. HyperIn retains all ownership, intellectual property rights, and title to the software, including but not limited to:

  • Trademarks, copyrights, and patents

  • Computer code and audiovisual components

  • Documentation and associated materials

All rights not expressly granted to you are reserved by HyperIn and its licensors.

2. License Conditions

You agree not to:

  • Commercially exploit, sell, rent, or lease the software

  • Copy, distribute, or install the software on multiple devices (except as permitted)

  • Reverse engineer, decompile, or modify the software

  • Circumvent technical protection measures or access control mechanisms

  • Scrape or create permanent copies of content returned from the software

  • Violate any export laws or regulations

  • Remove or alter proprietary notices

Access Control Measures
The software may include mechanisms to prevent unauthorized use. Tampering with such features will result in license termination and may prevent the software from functioning.

Network Requirements
Certain features may require an internet connection or valid online account. Lack of such connection or account may render features partially or completely inoperative.

3. Information Collection & Use

HyperIn does not collect or store personal data through the software. However, HyperIn’s customers (e.g., commercial property managers) may utilize the software for their operations. When using HyperIn services through a third-party customer (such as a mall operator), your personal data may be governed by that customer’s privacy policy. Always review and accept such policies when prompted.

4. Warranty Disclaimer

THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND. HYPERIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Merchantability

  • Fitness for a particular purpose

  • Non-infringement

The entire risk of using the software lies with you. Should the software prove defective, your sole remedy is to request a replacement copy.

5. Limitation of Liability

IN NO EVENT SHALL HYPERIN, ITS LICENSORS, OR PARTNERS BE LIABLE FOR:

  • Incidental, indirect, or consequential damages

  • Loss of profits, goodwill, data, or use

  • Personal injuries or property damage

  • Any amount exceeding the lesser of (i) the actual price paid, or (ii) EUR 50

These limitations apply to all legal theories, including negligence and contract, unless prohibited by applicable law. In such cases, limitations shall apply to the maximum extent permitted.

6. Other Terms and Conditions

Termination
This Agreement automatically terminates if you fail to comply with its terms. Upon termination, you must uninstall and destroy all copies of the software.

Equitable Remedies
Any violation of this Agreement may cause irreparable harm. HyperIn is entitled to seek injunctive or equitable relief without posting bond or proving damages.

Indemnification
You agree to indemnify and hold harmless HyperIn and its affiliates from all claims, losses, or liabilities arising from your use of the software or your breach of this Agreement.

Entire Agreement
This document constitutes the entire agreement and supersedes all prior understandings. Modifications must be in writing and signed by both parties. If any provision is found unenforceable, the remainder shall remain in effect.