End-User License Agreement

This End-User License Agreement ("Agreement") is a legal agreement between you ("you") and Schaun Johnson, who publishes software under the trade name skjapps ("Licensor," "we," "us," or "our"), governing your use of the MistBar software and any updates we make available under this Agreement (collectively, the "Software").

By purchasing, installing, activating, or using the Software, you agree to this Agreement. If you do not agree, do not purchase, install, activate, or use the Software.

1. License Grant

The Software is licensed, not sold.

Subject to your payment of the applicable purchase price and compliance with this Agreement, we grant you a perpetual, limited, personal, non-exclusive, non-transferable license to install, activate, and use the Software on up to three (3) Macs at one time that you own or control, for your personal or internal business use.

You may deactivate the Software on one Mac and transfer that activation to another Mac that you own or control, subject to the activation procedures and limits provided with the Software.

A license is intended for use by one individual and may not be shared among multiple users unless we expressly offer and you purchase a multi-user or organizational license.

The purchase is a one-time purchase and not a subscription. There is no recurring license fee for continued use of the version of the Software you purchased.

2. Ownership

The Software is protected by copyright and other intellectual-property laws.

We retain all right, title, and interest in and to the Software, including all intellectual-property rights. No ownership rights are transferred to you, and no rights are granted except as expressly stated in this Agreement.

3. Restrictions

You may not, except to the extent applicable law expressly permits despite these restrictions:

• Copy the Software, except for reasonable backup or archival purposes;
• Distribute, publish, resell, rent, lease, sublicense, lend, share, or otherwise make the Software or your license available to another person;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the Software's source code;
• Modify, adapt, translate, or create derivative works of the Software;
• Remove, alter, or obscure any copyright, trademark, attribution, or other proprietary notice;
• Circumvent, disable, avoid, tamper with, or interfere with license activation, license validation, security features, or device limits; or
• Use the Software in violation of applicable law.

4. License Activation and Validation

The Software may communicate with us or our licensing provider to activate, validate, deactivate, restore, or manage your license.

License validation may require an internet connection at certain times. Information processed in connection with licensing and activation is governed by our Privacy Policy and, where applicable, the policies of our licensing and payment providers.

We may deactivate a license associated with a refund, chargeback, fraudulent purchase, unauthorized distribution, license circumvention, or material breach of this Agreement.

5. Updates and Future Versions

Your license includes updates that we choose to designate as updates to the version of the Software you purchased, when and if we make them available.

Updates may include bug fixes, compatibility changes, security improvements, modifications, or feature changes. We are not obligated to provide any particular update, feature, enhancement, maintenance service, or technical support.

Future major versions, separately branded products, optional paid features, or other products may require a separate purchase.

Changes to macOS, Apple technologies, computer hardware, third-party software, or third-party services may affect the Software's compatibility, availability, or functionality. We do not guarantee that the Software will remain compatible with every future operating-system, hardware, or third-party change.

6. Third-Party Software

The Software may include or use third-party software components that are governed by separate license terms.

The Software includes the open-source Sparkle update framework, which is provided under its applicable open-source license. Nothing in this Agreement restricts any rights granted to you under that license with respect to Sparkle or any other third-party component.

Applicable third-party notices and license terms may be provided with the Software, in an acknowledgments document, within the Software, or on our website.

7. Purchases, Merchant of Record, and Taxes

Purchases of the Software are processed by Lemon Squeezy, which acts as the Merchant of Record.

Lemon Squeezy processes payments and may handle billing, invoicing, applicable sales tax or value-added tax, refunds, chargebacks, and related transaction matters in accordance with its terms and policies.

Your purchase may also be subject to Lemon Squeezy's applicable checkout terms, privacy policy, and other transaction-related terms.

8. Refund Policy

We offer a 14-day, no-questions-asked refund policy.

To request a refund, contact [email protected] or use the support options provided with your Lemon Squeezy order within fourteen (14) calendar days of the original purchase date.

Approved refunds will be processed through Lemon Squeezy. Processing times may depend on the payment method and financial institution.

When a refund is issued, the associated license may be deactivated, and you must stop using and delete all copies of the Software covered by the refunded purchase.

We may deny repeated, fraudulent, abusive, or otherwise improper refund requests. This voluntary refund policy does not limit any refund right or other consumer protection that cannot lawfully be waived under applicable law.

9. Beta and Preview Features

Features identified as beta, preview, experimental, or pre-release may be incomplete, contain errors, change substantially, or be removed without notice.

You use such features at your own risk, and they may not be suitable for production, business-critical, or data-sensitive use.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND SYSTEM INTEGRATION.

WE DO NOT WARRANT THAT THE SOFTWARE WILL:

• MEET YOUR REQUIREMENTS;
• OPERATE WITHOUT INTERRUPTION, DELAY, ERROR, OR SECURITY VULNERABILITY;
• REMAIN COMPATIBLE WITH ANY PARTICULAR HARDWARE, OPERATING SYSTEM, APPLICATION, SERVICE, OR FUTURE TECHNOLOGY;
• PREVENT DATA LOSS OR SYSTEM FAILURE; OR
• CONTINUE TO BE AVAILABLE, UPDATED, SUPPORTED, OR DEVELOPED FOR ANY PARTICULAR PERIOD.

YOU ARE RESPONSIBLE FOR MAINTAINING APPROPRIATE BACKUPS OF YOUR DATA AND SYSTEM.

Nothing in this Agreement excludes or limits any warranty, right, remedy, or consumer protection that cannot lawfully be excluded or limited.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS AGREEMENT.

THIS INCLUDES LOSS OF DATA, PROFITS, REVENUE, BUSINESS OPPORTUNITY, PRODUCTIVITY, GOODWILL, OR USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE.

The limitations in this section apply regardless of the form of action or legal theory, including contract, warranty, negligence, strict liability, or otherwise. Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited.

12. Termination

This Agreement remains effective unless terminated in accordance with this section.

You may terminate it at any time by stopping use of the Software and deleting all copies in your possession or control.

We may terminate this Agreement if you materially breach it and, where the breach is capable of correction, you fail to correct it within a reasonable period after receiving notice.

We may terminate the Agreement or deactivate the applicable license immediately in cases involving:

• Unauthorized distribution or resale;
• Intentional license sharing;
• License circumvention or tampering;
• Fraudulent purchase activity;
• A refunded or successfully charged-back purchase; or
• Unlawful use of the Software.

Upon termination, you must immediately stop using the Software and delete all copies in your possession or control.

Sections concerning ownership, restrictions, third-party rights, disclaimers, limitations of liability, governing law, dispute resolution, and other provisions that by their nature should survive will survive termination.

13. Changes to this Agreement

We may update this Agreement for future purchases or future versions of the Software.

The version of the Agreement presented to you at the time of purchase or activation will generally govern that purchase, unless a later change is required by law, relates to newly introduced services or features, or you expressly accept the updated Agreement.

We will not retroactively remove material rights associated with a completed purchase without a valid legal basis.

14. Governing Law and Disputes

This Agreement is governed by the laws of the State of Michigan, United States, without regard to its conflict-of-laws principles.

Subject to any rights that cannot lawfully be waived, the state and federal courts located in Michigan will have exclusive jurisdiction over disputes arising out of or relating to the Software or this Agreement, and you consent to their personal jurisdiction.

Either party may bring an eligible individual claim in a court of competent small-claims jurisdiction.

Nothing in this section deprives a consumer of any protection, remedy, jurisdiction, or forum that cannot lawfully be waived under the laws applicable to that consumer.

15. Severability

If any provision of this Agreement is found invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law. If it cannot be enforced, it will be severed from the Agreement, and the remaining provisions will remain in full force and effect.

16. No Waiver

A failure or delay by either party in exercising a right under this Agreement does not waive that right. A waiver is effective only if it is made in writing and applies only to the specific circumstance for which it was given.

17. Assignment

You may not assign or transfer this Agreement or your license without our prior written consent. We may assign this Agreement in connection with a sale, transfer, merger, reorganization, or acquisition of the Software or the related business, provided that the assignment does not eliminate any non-waivable rights you already possess.

18. Entire Agreement

This Agreement, together with any applicable purchase terms, Privacy Policy, third-party license notices, and terms presented during checkout or activation, constitutes the entire agreement between you and us concerning the Software. It supersedes all prior or contemporaneous communications, representations, proposals, and understandings concerning the Software.

If there is a conflict between this Agreement and a mandatory provision of applicable law, the mandatory provision of law controls.

Contact

Questions about this Agreement, licensing, or refunds may be sent to [email protected].