In order to protect Graphing Calculator SD (my "Program", "Application", "GraphingCalculator3D", "GraphingCalculatorSD", or "GCSD"), these end user license terms set out some rules for downloading and using the Program. This licence is a legal agreement between you and me (SerpentDagger, or Merrick R.R. Harmon), and describes the terms and conditions for using the Program. If you break these rules, I may stop you from using my Application. If necessary, this may include the help of Lawyers.
If you buy, download, install, or use the Program (including outdated versions), you are agreeing to follow these end user licence agreement ("EULA") terms. You may receive or have a copy of this EULA in your download of the Program. That copy is for reference only, and may not be up to date. You must agree to the most recent form of the EULA, available here, and in the event of discrepancies, that copy controls. If you don't want to or can't agree to these rules, then you must not buy, download, install, or use the Program. Your download and use of this program may be subject to the GitHub Terms of Service, available here, because the release files (along with at least 1 file downloaded during runtime by this Program) are hosted on GitHub. By agreeing to this EULA, you also agree to the relevant and applicable terms of the foregoing document.
Here are some term definitions that I use in this EULA.
- A "Name" is the name of any of my programs, features, or personal identities, as well as any names which are confusingly similar to those things.
- My "Brands" include any Names and/or the related logos and distinctive characteristics of any of my Names and programs.
- My "Assets" are the code, software, graphics, textures, images, models, sound and audio from any of my programs and any videos or screenshots taken from my programs.
- The "Program" or "what I have made" includes, but is not limited to, the software for the Program, updates, patches, downloadable content, add-ons, modified versions of the Program, parts of those things, or anything else I've made, along with my Names, Brands, and Assets.
- A "Security Code", "Activation Code", or "License Key" is the code used alongside your username to activate premium features of the Program.
You must not distribute anything I made unless I specifically agree to it. By "distribute anything I made", I mean:
- give copies of the Program to anyone else;
- make commercial use of anything I've made;
- share, distribute, or transfer ownership of your Security Code;
- try to make money from anything I've made; or
- let other people get access to anything I've made in a way that is unfair or unreasonable;
unless I specifically agree to it in writing.
You are being granted a limited, revokable and non-exclusive license to the Program so that you can use it, yourself, on your devices. Below I also give you limited rights to do other things.
The license and permission I give you to use the Program can be revoked if you break any of the terms of this EULA. If you have purchased a Security Code for the Program, I may deactivate that code if you break any of the terms of this EULA. I am not required to refund your purchase in this case, but may decide to do so under my sole discretion.
When you buy, download, install or use my Program, you receive a license that gives you permission to install the Program on your own personal device and use it on that device as set out in this EULA. This permission is personal to you, so you are not allowed to distribute the Program (or any part of it) to anyone else. This also means you cannot sell or rent the Program, or make it available for access to other people, and you cannot pass on or resell any License Keys. You may not produce or attempt to produce your own License Keys. You may however give Security Codes as a gift (on an individual basis and transferring ownership) that have been specifically requested as such during purchase. This is important to stop piracy and fraud, and to protect the Application. It is also important to prevent members of the community from buying pirated versions of the Program or fraudulent License Keys - which I may cancel in such a case. You may also create copies of the Program for personal archival/backup purposes only.
Within reason, you're free to do whatever you want with screenshots and videos of the Program. By "within reason", I mean that you can't make any commercial use of them or do things that are unfair or adversely affect my rights unless I've specifically allowed it through this EULA, or provided for it in a specific agreement with you. If you upload images or videos of the Program to image or video sharing and streaming sites, you are however allowed to use advertising on those sites. The upload or display of images or video (made public) of the Program is also subject to the condition that I and the Program are credited in such a manner that the viewer of that public video or image may easily learn of the Program (through official sources) if interested. Such crediting should include a link to the following website: https://serpentdagger.com/graphing-calculator-3d4d. Here are two appropriate examples of proper credit:
- Graphing application by SerpentDagger: https://serpentdagger.com/graphing-calculator-3d4d
- Image produced with GraphingCalculatorSD: https://serpentdagger.com/graphing-calculator-3d4d
Use of what I've made may also be expressly allowed by law, such as under a "fair use", or "fair dealing" doctrine, but only to the extent of the applicable law or laws.
If you produce a 3rd party tool or service for use with this Program, you may not claim any official relation to the Program, my Names, Brands or Assets, or me.
Although I license you permission to install on your device and use the Program, I am still the owner of it. I am also the owner of my Names, Brands and Assets, and any content contained in the Program. Therefore, when you pay for my Program, you are buying a license to use the Program in accordance with this EULA - you are not buying the Program itself. The only permissions you have in connection with the Program and your installation of it are the permissions set out in this EULA.
The pricing and payment method are set out on my Website, but I might change them every once in a while, and can refuse any form of payment if I want, and can return payment to you without completing a transaction if the item paid for was posted or priced by mistake, or if an error occured during purchase or fulfillment of the transaction. You must always pay in the currency set out on my Website, but your credit card company should be able to exchange your money if necessary. Your credit card company might do security checks to make sure it is really you making the order.
Even if you do not buy a Security Code to activate the Program, you must still agree to this EULA in its entirety in order to use, download, or install the Program. When I receive payment for and notification of a Security Code purchase, I will attempt to fulfill the delivery of the Code by email as soon as possible, but cannot guarantee a specific time.
If you can't use the Program because it doesn't work, you should let me know so that I can try to help. Because use of the Program requires a device with components capable of running the Program, you should verify that the Program works on your machine before purchasing an Activation Code.
If you have purchased a License Code for the Program (even if it has since been deactivated), you may request a refund for that License Code up to sixty (60) days after making the purchase, but I am not obliged to give it to you. In the event that I give you a refund, I will also deactivate your License Code. The refund may be subject to transaction fees, and so may not be complete. My decision to give you a refund does not terminate this agreement, and you may continue to use the Program without the License Code or premium features if this agreement remains in effect.
If you publish any content made on, through, or for use as a component in my Program, you agree to give me permission to use, copy, modify, adapt, distribute, and publicly display that content. This permission is irrevocable, and you also agree to let me permit other people to use, copy, modify, adapt, distribute, and publicly display your content. You are not giving up your ownership rights in your content, you are just giving me and other users permission to use it. Examples of such content, which you might post or display publicly, include without limitation the following (as referred to internally by the Program):
- Graph Settings
- Graphable Functions or Expressions
- Skyboxes
- Themes
- Workspaces
- Data files specifying the above such content.
If you make such content, it must not be offensive to people or illegal, it must be honest, and it must be your own creation. Some examples of things you must not make available using the Program include those that: contain racist or homophobic language; are bullying or trolling; are offensive or that damage my or another person's reputation; contain porn or someone else's creation or image; impersonate me or an official associate; attempt to exploit people.
Any content made on, through, or for use as a component in my Program must also be your creation or you must have permission or legal right to do it. You must not, and you agree not to make any such content that infringes the rights of others.
I might make upgrades, updates or patches (all of which "Updates") available from time to time, but I don't have to. I am also not obliged to provide ongoing support or maintenance of any Program. Of course, I hope to continue to release new Updates for the Program, I just can't guarantee that I will do so. Updates may bring changes that might not work well with other software. I cannot take responsibility for such problems.
This agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including without limitation non-contractual disputes or claims) are governed by and construed in accordance with the law of California, United States. The provisions of the United Nations Convention on the International Sale of Goods shall not apply to this Agreement.
If a dispute arises between us, my goal is to learn about such dispute and address your concerns. You agree that you will notify me about any dispute you have with me regarding this EULA or my Program by contacting me at least ninety (90) days before commencing any legal action under this Agreement, so that we may attempt to resolve the dispute informally.
The terms of this EULA do not affect any (statutory) rights that you may have under the law that applies to you for the Program. You might have certain rights which the law that applies to you says cannot be excluded. Nothing I say in these terms will affect those legal rights, even if I say something which sounds like it contradicts your legal rights. That's what I mean when I say "subject to applicable law".
SUBJECT TO APPLICABLE LAW, When you get a copy of my Program, I provide it "as is". Updates are also provided "as is". This means that I am not making any promises to you about the standard or quality of the Program, or that the Program will be uninterrupted or error free. I am not responsible for any loss or damage that it may cause. You bear the entire risk as to its quality and performance. You have to accept that I may release Programs well before they are complete and so they may have bugs. If you would like to notify me about a potential bug, you can do so on this website, or by using my contact email: serpentdagger.contact@gmail.com
You and I agree to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to this EULA to binding arbitration rather than by filing any lawsuit in any forum other than set forth in the paragraphs on "My Liability, Governing Law, And Dispute Resolution". Further you agree arbitration is final and binding. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Program.
If I want, I can terminate this EULA if you breach any of the terms. I will attempt to notify you by email if I decide to do this. If I terminate this EULA, I will also deactivate your Security Code/s if applicable. Upon termination of this agreement, I will not have any obligation to refund any portion of any fee.
You can terminate it too, at any time, by uninstalling the Program from your devices and deleting all copies of the Program. If this EULA is terminated, you will no longer have any of the rights to the Program given in this license. You do still have the right to things you have created yourself with the Program. The Arbitration Agreement, and the paragraphs about "Ownership Of My Program And Other Things", "My Liability, Governing Law, And Dispute Resolution", "Returns, Refunds And Cancellation", "Denial Of Distribution", "Security", and "General Stuff" will continue to apply even after the EULA is terminated.
If you purchase a Security Code and it is eventually deactivated, or if I am forced to reference your license directly for another purpose, I will do so by storing an appropriatly encrypted version of your username in a public file (the "Online File"). The encryption is theoretically irreversible, and so should not pose a security risk for your information. I may increase the strength of or alter the encryption at a later date as computing power increases, in order to avoid risk from brute-force attacks. Each username is encrypted individually, and so is secure independently from all others. You give me permission to store your username as and for the purposes described above, if necessary.
You may not generate, decrypt, or reverse-engineer License Code/s, or attempt to do so. You may not decrypt or reverse-engineer the Online File or its contents, or attempt to do so. You may not reverse engineer, decompile, or dissassemble the Program, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You are free to view and modify those associated data files used by this Program originally stored in the directory "data", with the specific exclusion of modifying the copy of this EULA provided with the Program, which you may not modify, remove, replace, rename, or otherwise mess with.
You may not help anyone else to do things that would go against this EULA, nor may you request that they do such things.
If you have a security concern, please contact me privately by email at serpentdagger.contact@gmail.com.
Your local law may give you rights that this EULA cannot change; if so, this EULA applies as far as the law allows. Nothing in this license limits my liability for death or bodily injury resulting from my negligence or fraudulent misrepresentations.
I may change this EULA from time to time, if I have reason to, such as changes to the Program, my practices, or my legal obligation. But those changes will be effective only to the extent that they can legally apply. In this case, I'll inform you of the change before it takes effect, either by posting a notice on my Website, or by other reasonable means.
If you come to me with a suggestion for any one of my Websites or Programs, that suggestion is made for free and I have no obligation to accept or consider it. This means I can use or not use your suggestion in any way I want, and I don't have to pay you for it. If you think you have a suggestion that I would be willing to pay you for, please do not submit your suggestion unless you have first told me that you expect to be paid and I have responded in writing by asking you to submit the suggestion.