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LICENSE AGREEMENT
  1. GENERAL
    1. This License Agreement governs the relationship between DreamFlat, the linensor(hereinafter also the “Licensor”), and you, the licensee of the Software(hereinafter also the “Licensee” or “User”), jointly referred to as the “Parties” and individually as a “Party”, in relation to the Platform.
    2. This Agreement is incorporated by reference into the DreamFlat Terms of Use. Capitalized terms not defined here have the same meaning as those defined in the Terms of Use.
    3. Before using the Software, the Licensee should read this Agreement alongside, and in addition to, our Platform terms and conditions (Terms of Use), our Privacy Policy and our Cookie Policy.
    4. The Software does not collect any personal data. For information about how we collect, use or otherwise process information about you or your use of the Platform, please refer to our Privacy Policy.
  2. USE OF LICENSE
    1. Subject to your compliance with this Agreement, DreamFlat grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to install and use the Software on the terms provided herein (hereinafter the “License”).
    2. You may use the Software in the country or authorized territory where you purchased the Software, unless otherwise specified by the DreamFlat or applicable law. If you are an Individual User, you may use the Software in the territory in which you currently reside or are temporarily present. If the License is granted to a Business User, the Software may be used in the territory or region where the company is located, and always on condition that you have purchased a License from us.
    3. Unless your subscription has expired or this License Agreement is terminated pursuant to the terms set forth in this License Agreement, you may use the Software as follows:
      1. Install and use any version of the Software covered by the License on any operating system supported by the Software; and
      2. Make one copy of the Software solely for archival, security and/or backup purposes.
    4. Neither this License Agreement nor the presence of any information, data or other content in the Software shall be construed to grant you a License to any other copyrighted material owned by DreamFlat or to any DreamFlat trademark, service mark, logo, trade name, trade dress or slogan.
    5. You may use the Software as expressly permitted in the Terms of Use and this License Agreement.
  3. LIMITATIONS AND RESTRICTIONS
    1. When using the Software you are not allowed to:
      1. Allow more than one User to use the same subscription at the same time, unless the Software is provided to you under a Business User License as set forth in Section 4;
      2. Make copies or otherwise reproduce the Software, except for installing it on Licensee's devices and backing it up, as specified above;
      3. Use the Software to develop a new product with the same or similar primary function;
      4. Redistribute or transfer the Software, in whole or in part, in its original or modified form, by any means (rent, lease, loan, fee, donation, grant, exchange, share or other) to any third party;
      5. Create any derivative works, make any translation, adaptation, arrangement or any other modification of the Software, and make any reproduction, distribution, transfer, display or public presentation of the results of such activities;
      6. Use the Software in a manner that infringes the copyrights or any other rights of third parties;
      7. Reverse engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source code of the Software;
      8. Remove or obscure any proprietary or other notices contained in the Software.
    2. You warrant that the Software is used only by you personally, if you are an Individual User, or by your employees, if you are a Business User, and you are responsible for your employees' compliance with this License Agreement. You must promptly notify us if you become aware of any unauthorized use of all or part of the Software by a third party. Notification must be made to support@dreamflat.com.
  4. LICENSE TYPES
    1. Depending on the number of Users using the Software, there are the Individual User License and the Business User License, which are as follows:
      1. Individual User License
        As part of the Individual User License, an Individual User can install the Software on up to two devices, but it can only be used by one User at a time on one device. The Individual User License is for a perpetual term, except as otherwise provided herein.
      2. Business User License
        A License for a Business User allows the Software to be installed on multiple devices for use by any user in the company. The number of simultaneous Users cannot exceed the number of licensed seats. Licensee may install initial copies of the Software as specified on the permitted number of devices, solely by Licensee's employees or/and contractors, and solely for Licensee's internal business needs.
    2. Depending on the set of Services there are the Start Services License and the Advanced Service license, which are as follows:
      1. The Start Services License offers a basic set of features and can be used free of charge;
      2. The Advanced Services License offers exclusive features and enhanced functionality, such as “Premium”, “Designer+” and “Enterprise” and may be available for purchase. You can find the terms and conditions of each Advanced Services package on the Website in the "Tariffs" section.
    3. You can change or cancel Advanced Services any time. To change or cancel your subscription, follow the instructions in your account on the Website. In case of cancellation, your subscription will remain active from the time you cancel until the end of your current billing period, and you will not receive a refund or credit for any remaining days in your current billing period. At the end of your subscription you will lose access to all features associated with the Advanced Services License.
  5. PAYMENT
    1. By purchasing Advanced Services License, you agree to allow recurring monthly payments to be made by DreamFlat using the payment method of your choice until the subscription is cancelled by you or by DreamFlat.
    2. Users in some regions may be required to pay local taxes, which will be calculated and added to the total purchase price. Payment providers may apply their own fees and conversion rates to payments in different currencies. This is not within our control.
  6. INTELLECTUAL PROPERTY AND OWNERSHIP
    1. The Software, including without limitation all copyrights, patents, trademarks, trade secrets, data, information, images, 3-D models, graphics, text and designs, layout and design of the Software, music, audio, scripts, software and other intellectual property, is protected by applicable intellectual property or other laws, including but not limited to copyright protection, belong to DreamFlat at all times or to DreamFlat’s affiliates.
    2. The User acknowledges that no intellectual property rights are transferred to the User under this License Agreement, regardless of the use of terms such as "purchase" or "subscription. The DreamFlat has and retains all right, title and interest, including all intellectual property rights, in and to the Software, any and all related or underlying technology, and any modifications or derivative works of the Software.
    3. The DreamFlat name, logo and other trademarks and illustrations used in connection with the Software belong exclusively to the DreamFlat. The User has no rights to use the above-mentioned intellectual property. The use of the abovementioned marks, whether with the ® or ™ symbol, is expressly prohibited.
  7. THIRD-PARTY CONTENT
    1. The Software may include third-party content (including but not limited to data, information, 3D- models or other product services) licensed to us by third parties. All third-party Software is provided to you in accordance with the respective terms stipulated in the special documentation.
  8. DISCLAIMER
    1. THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE DREAMFLAT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.
    2. WITHOUT LIMITATION TO THE FOREGOING, THE DREAMFLAT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
    3. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE ARE DOWNLOADED AT USER’S OWN RISK; USER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY AND/OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
    4. WITHOUT LIMITING THE FOREGOING, NEITHER THE DREAMFLAT NOR ANY OF THE DREAMFLAT'S PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE APPLICATION, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SOFTWARE; OR (IV) THAT THE SOFTWARE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE DREAMFLAT ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
    5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW. TO THE EXTENT ANY WARRANTY EXISTS UNDER LAW THAT CANNOT BE DISCLAIMED, THE DREAMFLAT SHALL BE SOLELY RESPONSIBLE FOR SUCH WARRANTY.
  9. LIMITATION OF LIABILITY
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE DREAMFLAT BE LIABLE TO USER, USER’S AFFILIATES, OR ANYONE ELSE FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE; (B) ANY LOSS OR DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF USER’S ACCESS TO THE SOFTWARE IN ACCORDANCE WITH THIS AGREEMENT; OR (C) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF THE RELEVANT LISENSORS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE (D) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THEY ARE FORESEEABLE, (E) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR (F) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SOFTWARE OR SUPPORT. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
    2. THE TOTAL LIABILITY OF THE DREAMFLAT IN ANY MATTER ARISING OUT OF OR IN RELATION TO THIS LICENSE AGREEMENT IS LIMITED TO THE GREATER OF (A) ONE HUNDRED (100) US DOLLARS OR (B) THE AGGREGATE AMOUNT PAID OR PAYABLE BY USER DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT FOR THE SOFTWARE GIVING THE DREAMFLAT HAS BEEN ADVISED OF THE POSSIBILITY OF LIABILITY EXCEEDING SUCH AN AMOUNT AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
  10. TERMINATION
    1. This License Agreement shall remain in effect until terminated by you or the DreamFlat.
    2. The DreamFlat may, without prior notice or liability to you, suspend or terminate this License Agreement, any rights granted herein, in our sole discretion, for any reason.
    3. Unless you agree otherwise, you may terminate this License Agreement at any time by terminating your access to and use of the Software. Upon the termination, all Licenses granted herein will immediately terminate and you will cease using the Software.
    4. Termination of this License Agreement will not limit any of the DreamFlat's rights or remedies at law or in equity in case of breach by you (during the term of this License Agreement) of any of your obligations hereunder.
  11. CLOSING PROVISIONS
    1. The DreamFlat reserves the right to make changes and/or other updates to this License Agreement at any time without notice. By continuing to access or use the Software after any changes become effective, you agree to be bound by the revised terms. We understand that you may not agree to the updated License Agreement. If you do, you may terminate your subscription at any time within 30 days after the effective date of the updated License Agreement. You will find the "last updated" date at the end of these Terms of Use.
    2. The DreamFlat reserves the right to discontinue support for the Software at any time and to change the Software's prices, features, specifications, capabilities, functions, terms of use, release dates, general availability and other specifications.
    3. Neither Party shall breach this License Agreement or be otherwise liable to the other Party by reason of any delay in the performance or non-performance of any of its obligations under this License Agreement (other than payment obligations) arising directly out of an act of God, fire, flood, natural disaster, act of terrorism, strike, lockout, labor dispute, public health emergency, civil disturbance, riot or act of war.
    4. The use of the Software shall be governed by the laws of the Emirate of Dubai and the Federal laws of the UAE applicable thereto. In case any disputes or differences arise in connection with the fulfillment of this License Agreement or are related to the use of the Software, the Parties will make every effort to resolve these by negotiations. Those disputes which are not resolved by negotiations shall be subject to the non-exclusive jurisdiction of the Dubai courts.
    5. If you have any questions or concerns about this License Agreement, please contact us at info@dreamflat.design.