Terms of use
This is a translation for convenience. The binding version of this agreement is the Spanish one: Términos de uso. In case of discrepancy, the Spanish text prevails.
<div class="callout">
<p style="margin: 0">
<strong>Important — read before installing or using:</strong> by installing, copying
or using MicroLab (the “Software”) you agree to be bound by this Agreement. If you do
not agree, do not install or use the Software.
</p>
</div>
<h2>1. Definitions</h2>
<ul>
<li><strong>Licensor:</strong> Juan García Valero, holder of the rights in the Software.</li>
<li><strong>Software:</strong> the MicroLab application (binaries, resources and associated documentation), as distributed by the Licensor.</li>
<li><strong>Personal Use:</strong> use by a natural person for their own purposes, for learning, evaluation or development, which is NOT Commercial Use.</li>
<li><strong>Commercial Use:</strong> any use of the Software by or for the benefit of a company, a self-employed person in the course of their business, a public administration or any other organisation, or any use aimed at obtaining a commercial advantage or financial compensation, whether direct or indirect. This includes use of the Software by employees or contractors in the course of their work for an organisation.</li>
<li><strong>User</strong> or <strong>you</strong>: the natural or legal person installing or using the Software.</li>
</ul>
<h2>2. Licence grant</h2>
<ul>
<li><strong>Personal Use — FREE.</strong> Subject to this Agreement, the Licensor grants you a worldwide, non-exclusive, non-transferable and revocable licence to install and use the Software for Personal Use, at no cost.</li>
<li><strong>Commercial Use — REQUIRES A PAID LICENCE.</strong> Commercial Use of the Software is NOT permitted under this free Agreement and requires a separate commercial licence granted by the Licensor. To obtain one, contact the Licensor (see section 12).</li>
<li><strong>Nature of the grant.</strong> The use of the Software is licensed, not sold. The Licensor retains all rights not expressly granted.</li>
</ul>
<h2>3. Restrictions</h2>
<p>Except where mandatory applicable law permits it or the Licensor authorises it in writing, you may NOT:</p>
<ul>
<li>use the Software for Commercial Use without the commercial licence in section 2;</li>
<li>sell, rent, sublicense, lend or redistribute the Software to third parties;</li>
<li>reverse engineer, decompile or disassemble the Software, except to the extent mandatorily permitted by law (e.g. interoperability);</li>
<li>remove or alter proprietary notices, trademarks or attributions in the Software or in its third-party components;</li>
<li>use the Software in a way that infringes applicable law or the rights of third parties.</li>
</ul>
<h2>4. Intellectual property</h2>
<p>
The Software and all intellectual property rights in it are and shall remain the
exclusive property of the Licensor. This Agreement transfers no ownership to you in the
Software or in its source code, which is not distributed and remains closed.
</p>
<h2>5. Third-party components</h2>
<p>
The Software incorporates third-party open source components, each subject to its own
licence. Those licences and copyright notices are listed in the THIRD-PARTY-NOTICES file
accompanying the Software. In case of conflict, the terms of each third-party
component's licence prevail over this Agreement in respect of that component.
</p>
<h2>6. Beta phase</h2>
<p>
The Software is distributed in BETA: it is software under test that may contain errors,
behave unstably or change without notice. It is provided solely for evaluation and use
at the User's own risk. The Licensor does not warrant continuity, future compatibility
or preservation of data between versions.
</p>
<h2>7. Data and telemetry</h2>
<p>
The Software may collect anonymous diagnostic data (error reports) to improve its
stability. This collection is ON by default and can be TURNED OFF at any time from the
Software's settings. Data processing is described in the
<a href="/privacy">Privacy policy</a>, which forms part of this Agreement by reference.
</p>
<h2>8. Disclaimer of warranties</h2>
<p>
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE LICENSOR DOES NOT WARRANT
THAT THE SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, NOR THAT THE RESULTS OF
ITS USE WILL BE CORRECT OR RELIABLE. YOU ASSUME ALL RISK ARISING FROM USE OF THE
SOFTWARE. Nothing in this section excludes warranties that cannot lawfully be excluded
as against consumers.
</p>
<h2>9. Limitation of liability</h2>
<p>
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR SHALL NOT BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, NOR FOR LOSS OF
DATA, PROFITS, GOODWILL OR BUSINESS INTERRUPTION, ARISING FROM THE USE OR INABILITY TO
USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE
LICENSOR'S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SOFTWARE SHALL NOT EXCEED THE
AMOUNT PAID BY YOU FOR THE SOFTWARE (WHICH, FOR FREE PERSONAL USE, IS ZERO). This
limitation does not exclude liability for wilful misconduct or for damages that cannot
lawfully be limited.
</p>
<h2>10. Term and termination</h2>
<p>
This Agreement is effective until terminated. It terminates automatically if you breach
any of its terms. On termination you must stop using the Software and uninstall it.
Sections 3 to 5 and 8 to 11 survive termination.
</p>
<h2>11. Governing law and jurisdiction</h2>
<p>
This Agreement is governed by Spanish law. Without prejudice to the mandatory rights of
consumers, the parties submit to the courts of the Licensor's domicile for any dispute
arising from this Agreement.
</p>
<h2>12. Contact</h2>
<p>
For commercial licences or any question about this Agreement, contact the Licensor at:
[email protected]
</p>