Terms and Conditions of Use
Please read these Terms and Conditions before accessing the MacRabbit Site. The "MacRabbit Site" includes all services, software and content originating from or distributed on macrabbit.com, spacecarrot.com and any of their domain aliases and subdomains. By accessing, downloading, installing, copying or otherwise using all or any portion of the MacRabbit Site, you agree to these Terms and Conditions. If you disagree, you may not access, download, install, copy or otherwise use the MacRabbit Site or any of its services, software and content.
These Terms and Conditions constitute a legal agreement between you (an individual or legal entity) and Space Carrot BVBA (hereinafter "Space Carrot" or "MacRabbit"), a limited liability company established and existing under Belgian laws. Space Carrot uses the "MacRabbit" marketing name for its software-related activities.
Space Carrot may choose to modify these Terms and Conditions at any time and at its sole discretion. You agree to ensure your compliance with the latest version of these Terms and Conditions before accessing or using the MacRabbit Site and its services, software and content.
General
While visiting the MacRabbit Site or using its services, software and content, you may not post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the MacRabbit Site its and services, software and content in a manner contrary to applicable law or that would serve to restrict or inhibit any other user from using or enjoying the MacRabbit Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the MacRabbit Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or copyright holder.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the MacRabbit Site or to any server, or to any of the services or software offered on or through the MacRabbit Site, by hacking, password mining or any other illegitimate or legitimate means.
You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate or outdated, and you bear all risks associated with seeing and/or using that content. Space Carrot has the right, but not the obligation, to remove any content that may, at its sole discretion, violate these terms and conditions or that is otherwise objectionable.
The MacRabbit Site may contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over other sites, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third party site.
Prices
All prices on the MacRabbit Site exclude 21% VAT (EU only) unless otherwise stated. Space Carrot cannot guarantee the accuracy of pricing details on all materials of the MacRabbit Site. The final amount of any purchases of MacRabbit services or software will be clearly indicated before the order is finalized.
Software and Services License
Space Carrot may, at its sole discretion, grant you a Demo License, a Commercial License or a NFR (Not For Resale) License for services and/or software of the MacRabbit Site. Unless otherwise stated, the Demo License Terms are applicable to your use of services and/or software of the MacRabbit Site if you have not purchased or otherwise obtained a Commercial License for said services and/or software and have not obtained an NFR (Not For Resale) License for said services and/or software.
The Demo License Terms are also applicable to your use of services and/or software of the MacRabbit Site on any computers that are not covered under any NFR Licenses or Commercial Licenses you may have. The Commercial License Terms are applicable to your use of said services and/or software if you have purchased a Commercial License for said services and/or software. The NFR (Not For Resale) License Terms are applicable to your use of said services and/or software if you have been provided with an NFR License for said services and/or software by Space Carrot or its subsidiaries.
Demo License Terms
Space Carrot grants you a non-exclusive, non-transferable license to use the service or software for evaluation purposes, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend the service or software to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void. The service or software may be time-limited, or disable any part of its feature set. The limitations of each specific service or software may be stated on the MacRabbit Site, in accompanying documentation or during execution of said service or software. If you wish to use the service or software after the tryout period or if you wish to access functionality disabled for Demo purposes, you need to purchase a Commercial License to use the service or software.
Commercial License Terms
Space Carrot grants you a non-exclusive license to use the service or software, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend the service or software to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.
The right to transfer the activated copy of the service or software to another computer is personal. You may transfer your license rights for a MacRabbit service or software only once and permanently to another person or legal entity under the conditions that you transfer said service or software in its entirety, you do not retain a copy of the service or software or any part thereof yourself and the receiving party reads and agrees to accept the terms and conditions of these Terms and Conditions.
NFR (Not For Resale) License Terms
Space Carrot grants you a non-exclusive, non-transferable license to use the service or software for evaluation, promotional and/or review purposes, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend the service or software to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the NFR License null and void. If you wish to use the service or software for other than the stated purposes, you need to purchase a Commercial License to use the service or software. Space Carrot may, at its sole discretion, decide to extend your allowed usage of the service or software beyond the stated uses and will inform you thereof via the website www.macrabbit.com or by contacting you by email, by phone or in writing.
The rights to transfer your activation of the service or software to another computer are bound to you personally. You may not transfer your license rights for the service or software to another person or legal entity. If you know of anyone else who should obtain an NFR License for the service or software, please contact Space Carrot through the 'About' section of the website www.macrabbit.com.
Limitation of License Validity
Any License to use a service or software of the MacRabbit Site granted to you under these Terms and Conditions License Agreement is limited to the current major version of said service or software. The major version of a service or software is defined as any version of said service or software of which the version number starts with the same number before the initial point: 2.0, 2.3.6, etc are all part of major version 2; version 3.0 belongs to major version 3. Marketing materials may use abbreviated or reasonably modified versions of the official version number.
Warranties
The services, software and any other content or information of the MacRabbit Site are provided "as is" without warranty of any kind. The entire risk as to the results and the performance of the services, software and any other content or information of the MacRabbit Site is assumed by you. To the maximum extent permitted by applicable law, Space Carrot or any of its employees and affiliates shall not be liable for any consequential, incidental or direct damages suffered in the course of using the services, software and other content on the MacRabbit Site (see Limitation of Liability).
Space Carrot does not and cannot warrant the performance or results you may obtain by use of the MacRabbit Site, including any of its services, software and content. Space Carrot does not and cannot warrant that the MacRabbit Site, including but not limited to any of its services and software operates error-free.
Intellectual Property Rights
Copyright and other intellectual, industrial and/or proprietary rights the MacRabbit Site and any of its services, software and content, and to any whole or partial copies that you make are owned by Space Carrot or its licensors, unless otherwise specified. Space Carrot permits you to use the MacRabbit Site and any of its services, software and content only in accordance with these Terms and Conditions. All rights not specifically granted by Space Carrot and/or Jan Van Boghout are reserved by Space Carrot and/or Jan Van Boghout. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of the MacRabbit Site and any of its services, software and content. Space Carrot is willing to provide you the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that the MacRabbit Site and any of its services, software and content is the subject of copyright and other intellectual, industrial or proprietary rights of Space Carrot and/or third parties.
We do not claim any ownership in the intellectual property rights of others. All product, brand, or company names not belonging to Space Carrot and/or Jan Van Boghout are the intellectual property of their respective owners.
Limitation of Liability
To the maximum extent permitted by applicable law, Space Carrot or any of its employees and affiliates is not liable to you or to any third party for any damages, either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to damages rising from inability to use the MacRabbit Site, its services, software and content or access data, loss of data, loss of business, loss of profits, business interruptions or the like) arising out of the use or inability to use the MacRabbit Site, its services, software and content even if Space Carrot has been advised of the possibility of such damages. In no event shall Space Carrot's total liability to you exceed the amount for which you purchased Commercial Licenses for software or services on the MacRabbit Site. Notwithstanding the above, or anything else contained in these Terms and Conditions, neither party’s liability for death or personal injury resulting from its own negligence shall be limited. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Term and Termination
The agreement to these Terms and Conditions is effective until terminated. Without prejudice to any other rights, Space Carrot may immediately terminate this agreement if you fail to comply with any of the terms and conditions set out in this document. In such event you must cease all use of the MacRabbit Site, including its services and content and destroy all copies of material made available through the MacRabbit Site.
Applicable Law
These terms and conditions are governed by Belgian law. Any dispute concerning the use of the MacRabbit Site, its services and content falls under the exclusive jurisdiction of the courts of Antwerpen, Belgium.
You agree that Space Carrot, at Space Carrot's sole discretion, may elect to bring legal action regarding any dispute arising from or in connection with these Terms and Conditions before the courts of Antwerpen, Belgium or in any court in any country which may have jurisdiction and you herewith irrevocably and unconditionally submit to the exclusive jurisdiction of the courts chosen by Space Carrot.
Should you have any questions concerning these Terms and Conditions, please contact Space Carrot through the 'About' section of the website www.macrabbit.com.
