Last Updated: December 1st, 2022
This Agreement is a legal agreement for the licensed use of the Franz application ("Franz") between you, either an individual or as an authorized representative of a legal entity ("you") and CLEARTYPE SRL, a limited liability company established and existing under the laws of Romania ("CLEARTYPE"). By downloading, installing, copying or otherwise using all or any portion of Franz you agree to be bound by the terms and conditions of this Agreement. If you do not agree to this Agreement, you are not authorized or licensed to use Franz.
Franz, together with all materials included in or distributed through it, is licensed, not sold, to you by CLEARTYPE. CLEARTYPE reserves all rights not expressly granted to you within this Agreement.
Subject to the terms and conditions of this Agreement and your payment of the required license fee, CLEARTYPE grants to you a limited, non-exclusive, non-transferable (except as expressly permitted in this Agreement) right and license (during the term of this Agreement to install, activate, and use this version of Franz for your personal use or internal business purposes ("License") either (a) as one installed instance of Franz on one device, or (b) installed on up to three (3) different devices for your use on no more than one device at a time. This License does not allow multiple users to use Franz on multiple computers unless a separate license has been purchased for each user. This License will apply to all updates to the application, if any, made generally available by CLEARTYPE without charge, provided, however, that upon downloading and installing an update to the Franz application, your right to use prior versions of Franz will terminate and earlier versions may no longer be used. This License will remain in effect unless and until this Agreement is either terminated according to its terms or superseded by a new agreement between the parties.
This License to use Franz is limited to the current major release of Franz. CLEARTYPE will at its sole discretion decide when a version of Franz will be considered a new major release that requires a new purchase or upgrade license. CLEARTYPE reserves the right to change the terms of this Agreement in any future major or minor release of Franz. If you do not agree to accept the changes made in the Agreement, you may not use the new release of Franz but your License under this Agreement to your existing version of Franz will not be affected.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
Copyright and other intellectual, industrial and/or proprietary rights in Franz are owned by CLEARTYPE or its licensors. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of Franz except where explicitly allowed in the terms of this Agreement or as allowed by applicable law without CLEARTYPE's consent. You agree not to remove any label indicating that Franz is the subject of copyright and other intellectual, or proprietary rights of CLEARTYPE and/or third parties. You may not redistribute or sublicense Franz or any part thereof.
Fees may apply for additional services and products offered by CLEARTYPE and others, including, but not limited to, services that integrate with Franz or extend the functionality of Franz.
If you or anyone in your family has experienced symptoms linked to an epileptic condition (e.g. a seizure or loss of awareness), immediately consult your physician before using Franz. If you experience dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, and/or convulsions, stop using Franz immediately and consult your physician.
CLEARTYPE warrants to you that during the first ninety (90) days following your initial download of a licensed version of Franz (the "Warranty Period"), it will operate in substantial compliance with the documentation CLEARTYPE provides with Franz when used on devices meeting the specified minimum system requirements. As your sole and exclusive remedy for any breach of this limited warranty that you report to Opener during the Warranty Period, CLEARTYPE will, at its option, either (i) provide an update that corrects any reported non-compliance or provides a reasonable work-around, or (ii) refund to you the purchase price paid for the Franz license.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, CLEARTYPE MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, REGARDING FRANZ AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE.
To the maximum extent permitted by applicable law, YOU AGREE THAT CLEARTYPE WILL NOT BE liable to you or to any third party for any compensatory, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING LOST PROFITS, LOST DATA OR DOWNTIME COSTS), ARISING OUT OF THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY, AND WHETHER OR NOT FORESEEABLE, AND WHETHER OR NOT ANY LIMITATION SHALL FAIL OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE TOTAL LIABILITY OF CLEARTYPE to you ARISING OUT OF or related to THIS AGREEMENT EXCEED THE TOTAL purchase price you paid under this agreement. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations in herein which are lawful in your jurisdiction will apply to you and CLEARTYPE's liability will be limited to the maximum extent permitted by law.
CLEARTYPE may render this Agreement null and void if it finds that the personal information you submitted during online activation or when buying Franz is incorrect, inaccurate or outdated. It is your sole responsibility to keep CLEARTYPE informed of any changes in your personal information. To do so, contact CLEARTYPE through the appropriate sections of franz.defn.io or, where possible, from within Franz itself. CLEARTYPE may require you to verify any changes to personal information.
CLEARTYPE may use your personal information to validate your personal license rights, to contact you with information related to Franz and, if you acquired your Franz license through a reseller, to communicate with said reseller regarding your purchase. CLEARTYPE may share your information with its licensors within reason.
The Franz Software requires online activation. If you do not activate your copy of Franz, all of or part of the functionality of your copy of Franz will disable automatically 30 days after you first run it. CLEARTYPE may at its sole discretion decide to adjust the exact technical conditions under which Franz copies that have not been activated cease to work.
You are required to submit personal information during online activation. You need an active, functional internet connection to activate your copy of Franz. Your licensed use of Franz is bound to the device(s) you used to complete activation. You may need to reactivate your copy of Franz after replacing the logic board or otherwise changing the hardware configuration of your computer or device. You may need to contact CLEARTYPE to complete reactivation.
Franz may make use of third-party software. Notwithstanding the foregoing, use of some third party materials included in Franz Software may be subject to other terms and conditions. The official copyright notices and specific license conditions of this third-party software are to be found via the Manual of Franz or can be emailed to you upon request. You hereby agree to the terms and conditions for such third-party software.
This Agreement is effective until terminated by you for any reason upon notice to CLEARTYPE, or until termination by CLEARTYPE for a material breach of the terms and conditions of this Agreement on your part. Upon any termination of this Agreement, you must cease all use of Franz and delete all copies of Franz that are in your possession.
This Agreement is the entire agreement between you and CLEARTYPE relating to Franz and supersedes all prior oral or written communications and representations with respect to licensed use of Franz or any other subject matter covered by this Agreement.
If any of the provisions of this Agreement is held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.
You agree not to export, reexport or use Franz except as explicitly authorized by United States law and the laws of the jurisdiction in which you obtained your Franz License. If you use Franz in the United States, you may not export or re-export Franz to any U.S. embargoed country or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or U.S. Department of Commerce's Denied Persons List or Entity List. By using Franz, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use Franz for any purposes prohibited by applicable law.
The Licensed Software is commercial computer software as described in DFARS 252.227-7014(a) (1) and FAR 2.101. If acquired by or on behalf of any the Department of Defense or any component thereof, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in DFARS 227.7202-3, Rights in Commercial Computer Software or Commercial Computer Software Documentation, as applicable. If acquired by or on behalf of any civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in FAR 12.212, Computer Software.
Neither party may assign any of its rights under this Agreement without the other party's prior written consent, provided that CLEARTYPE may assign this Agreement in whole to an affiliate or other entity acquiring all or substantially all of the CLEARTYPE's business or of the Franz application, provided that such entity expressly assumes the assigning party's obligations under this Agreement. This Agreement will be binding upon successors and assigns.
This Agreement is governed by Romanian law. The parties disclaim the application of the UN Convention on Contracts for the International Sale of Goods. You agree that CLEARTYPE SRL, at its sole discretion, may elect to bring legal action regarding any dispute arising from or in connection with this Agreement before the courts of Cluj-Napoca, Romania, 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 CLEARTYPE.
If you have any questions concerning this Agreement or need to contact us, please contact CLEARTYPE through the appropriate sections of franz.defn.io or send us an email at firstname.lastname@example.org.