This End User License Agreement ("Agreement") is a legal contract between you and UpDog Technologies, Inc. governing your use of TidyMerge. By installing, copying, or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree, do not install or use the Software.
1. License grant
Subject to your compliance with this Agreement, we grant you a personal, non-exclusive, non-transferable, revocable license to install and use one copy of the Software on devices you personally own or control, for your personal or internal business use.
2. Restrictions
You may not:
- Sell, sublicense, rent, lease, or otherwise commercially distribute the Software.
- Reverse engineer, decompile, or disassemble the Software, except to the extent that such activity is expressly permitted by applicable law.
- Remove, alter, or obscure any proprietary notices on the Software.
- Use the Software for any unlawful purpose.
3. Updates
We may release updates that modify or replace this Software. Updates may be governed by additional or changed terms; if so, those terms will be presented at the time the update is offered.
4. Ownership
The Software is licensed, not sold. UpDog Technologies, Inc. retains all right, title, and interest in and to the Software, including all intellectual property rights. This Agreement does not grant you any rights to our trademarks.
5. No warranty
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT IT WILL CONTINUE TO FUNCTION CORRECTLY AS THIRD-PARTY SOFTWARE — INCLUDING WINDOWS AND FILE EXPLORER — CHANGES.
6. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL UPDOG TECHNOLOGIES, INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR FIVE U.S. DOLLARS, WHICHEVER IS GREATER.
7. Termination
This Agreement is effective until terminated. We may terminate it at any time if you materially breach its terms. Upon termination, you must uninstall and stop using the Software. Sections 4 (Ownership), 5 (No warranty), 6 (Limitation of liability), and 9 (Governing law) will survive termination.
8. Refunds
Refunds are handled by the distribution platform you purchased through. For Microsoft Store purchases, follow Microsoft's refund process. We do not process refunds directly.
9. Governing law
This Agreement is governed by the laws of the State of Minnesota, USA, excluding its conflict-of-law principles. Disputes will be resolved in the state or federal courts located in Minnesota, USA.
10. Entire agreement
This Agreement, together with any policies referenced herein (such as the Privacy Policy), constitutes the entire agreement between you and UpDog Technologies, Inc. regarding the Software, and supersedes all prior or contemporaneous communications.
11. Contact
Questions about this Agreement: support@updogtechnologies.com.