Cairn - End User Licence Agreement (EULA)

IMPORTANT: PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.

This agreement is between you and TwentyTwoStudios, an individual trading as TwentyTwoStudios ("we", "us"). It covers the Cairn desktop application and the online service that activates and checks its licences. By installing or using Cairn you agree to it. If you do not agree, do not install or use Cairn.

In short

This summary is for convenience. The numbered terms below are the agreement.

• –Cairn keeps your estate information on your own computer. We never receive it, and Cairn has no way to send it to us.
• –Cairn does not provide legal, tax or financial advice.
• –A perpetual licence covers a set number of estates. Giving an estate slot to an estate is permanent.
• –If your licence lapses, everything you have entered stays readable and can be exported. Editing stops until the licence is active again.
• –Your computer holds the only copy of your estate information. Keep your own backups.

1.Definitions

1.1"Cairn" means the Cairn desktop application, including any updates we provide for it.

1.2"Estate data" means the information you enter into Cairn and the files you attach to it.

1.3"Licence key" means the key we issue to activate Cairn.

1.4"Licence service" means our online service that activates, renews and checks licences and manages estate slots.

1.5"Estate slot" means the right, under a perpetual licence, to edit one estate.

1.6"Licence Term" means the period during which your licence is in effect under clause 2.

2.Your licence

2.1We grant you a personal, non-exclusive, non-transferable licence to install and use Cairn, for your own use or for your work as an executor, for the Licence Term and on the terms of this agreement.

2.2You may install Cairn on more than one computer you own or control, but your licence is active on one computer at a time. Activating it on another computer moves it there and deactivates the computer it was on.

2.3Perpetual licence. A perpetual licence does not expire. It includes one estate slot, and you may buy more. Each estate slot can be given to one estate. Giving a slot to an estate is permanent: it cannot be moved to a different estate later, and deleting an estate does not return its slot. Estates without a slot stay readable and can be exported, but cannot be edited.

2.4Subscription licence. A subscription licence lets you edit any number of estates while the subscription is paid and active.

2.5If a subscription is cancelled, if a payment lapses, or if a licence cannot be renewed with the licence service, Cairn becomes read-only. Your estate data stays readable and you can still export it, but editing stops until the licence is active again.

2.6Cairn checks your licence with the licence service from time to time, and needs an internet connection to do so. It works offline in between. If it cannot reach the licence service for longer than your licence's offline period (currently 45 days for a perpetual licence and 30 days for a subscription), it becomes read-only as described in clause 2.5 until it can.

2.7A licence is conditional on payment of its fee, except where we issue a licence key without charge, for example so you can test a pre-release version of Cairn. A key issued for testing may be limited in time and may be withdrawn, and a pre-release version may contain more errors than a released one.

3.Restrictions

3.1Except as this agreement or applicable law expressly allows, you must not:

1. (a)copy or reproduce Cairn, other than installing it as clause 2 allows;
2. (b)modify, adapt, translate, or create derivative works based on Cairn;
3. (c)reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of Cairn, except to the extent applicable law expressly permits it;
4. (d)rent, lease, lend, sell, sublicense, distribute, publish, or otherwise make Cairn available to anyone else;
5. (e)share your licence key, or use it to activate Cairn for someone else;
6. (f)remove, alter, or obscure any proprietary notice in Cairn;
7. (g)use Cairn to build a competing product, or for benchmarking or competitive analysis;
8. (h)interfere with the licence service or attempt to bypass Cairn's licence checks;
9. (i)use Cairn in any way that breaks the law, or to transmit malicious code.

4.Intellectual property

4.1Cairn is protected by copyright and other intellectual property laws. We, or our licensors, keep ownership of Cairn and all intellectual property rights in it.

4.2Cairn is licensed to you, not sold. This agreement gives you no right to use our name, logo or trademarks.

4.3Cairn includes open-source components, each used under its own licence, including the IBM Plex typefaces under the SIL Open Font License. Those licences, and the notices that come with them, are in THIRD-PARTY-NOTICES.txt, which ships with Cairn. Nothing in this agreement limits your rights under them.

5.Your estate data

5.1Your estate data belongs to you. It is stored on your computer, in Cairn's own folder. We do not receive, see or store it, and Cairn has no way to send it to us.

5.2You are responsible for keeping copies of your estate data. Cairn keeps automatic restore points on the same computer, which help if its database is damaged but not if the computer itself is lost, damaged or stolen. Use Cairn's export feature to keep a copy somewhere else.

5.3Cairn can protect stored account passwords with a passphrase you choose. We never receive that passphrase or its recovery code, and cannot recover passwords protected by them if both are lost.

6.What Cairn sends, and what it does not

6.1Cairn does not collect usage statistics, analytics or crash reports, and does not send them to us or to anyone else.

6.2Cairn contacts the licence service only to activate, renew and check your licence and to manage estate slots. It sends your licence key when you activate Cairn or move it to another computer; a code derived from your computer's name, never the name itself; and, for each estate given a perpetual estate slot, that estate's random identifier, never its name or anything in it.

6.3Cairn checks for updates only when you ask it to, and installs an update only when you choose to.

6.4Cairn can produce a diagnostic report on your computer to help with a problem. It contains no estate data, and it goes nowhere unless you copy it and send it yourself.

6.5Our privacy policy, which ships with Cairn, explains what the licence service stores and how long we keep it.

7.Not legal, tax or financial advice

7.1Cairn helps you organise and keep track of an estate's information. It does not provide legal, tax or financial advice, and it is not a substitute for a lawyer, notary or accountant.

7.2Rules for wills, probate, tax and beneficiary designations differ by province, state and country. Check anything consequential with a professional licensed where the estate is settled.

8.Updates and support

8.1We may provide updates to Cairn from time to time, but we are not obliged to. Updates are part of Cairn and are covered by this agreement.

8.2We provide reasonable support by email at ghenderson8181@gmail.com, covering installation, activation and general use. Support does not include legal, tax or financial advice.

9.Disclaimer of warranties

9.1Cairn is provided "as is" and "as available", without warranty of any kind, whether express, implied or statutory.

9.2To the maximum extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and we do not warrant that Cairn will be uninterrupted or error-free, or that every defect will be corrected.

9.3Nothing in this agreement limits rights you have under the Consumer Protection Act, 2002 (Ontario), or under any other consumer protection law that applies to you and cannot be excluded by agreement.

10.Limitation of liability

10.1Nothing in this agreement limits or excludes liability that cannot be limited or excluded by law, including liability for fraud.

10.2Subject to clause 10.1, we are not liable to you for any loss of profits, loss of data or corruption of data, loss of goodwill, or any indirect or consequential loss arising under or in connection with this agreement, whether in contract, tort (including negligence) or otherwise.

10.3Subject to clause 10.1, our total liability to you for all claims arising under or in connection with this agreement will not exceed the licence fees you paid us in the twelve months before the event giving rise to the claim.

11.Indemnity

11.1You agree to indemnify us against claims, losses and reasonable legal costs arising from your use of Cairn in breach of this agreement or of the law, or from your infringement of anyone else's rights.

12.Term and termination

12.1This agreement starts when you first install Cairn and continues for the Licence Term, unless it ends earlier under this clause.

12.2We may end this agreement by written notice if you materially breach it and, where the breach can be remedied, do not remedy it within fourteen days of our notice asking you to.

12.3You may end this agreement at any time by uninstalling Cairn.

12.4We may end this agreement if we stop making Cairn available. If we do, we will give reasonable notice where we can.

13.What happens when this agreement ends

13.1When this agreement ends, your licence ends and you must stop using Cairn and uninstall it.

13.2Ending this agreement does not affect your estate data. It was never with us, and you may keep any copies you have exported.

13.3Any term that is meant to continue after this agreement ends, including clauses 4, 9, 10 and 11, continues.

14.Age

14.1Cairn is intended for people aged 18 or over. By using it you confirm that you are.

15.Export compliance

15.1You must not export, re-export or transfer Cairn in breach of any export control law, and you confirm that you are not located in, or a national or resident of, a country subject to an applicable embargo, and that you are not on any government list of prohibited or restricted parties.

16.General

16.1This agreement is the entire agreement between you and us about Cairn.

16.2We may change this agreement. We will show the updated version in Cairn or on our website with a new "last updated" date, and for a significant change we will tell you before it takes effect. Continuing to use Cairn after a change means you accept it.

16.3If any part of this agreement is found invalid or unenforceable, the rest continues in effect.

16.4If we do not enforce a right straight away, we have not given it up.

16.5You may not transfer this agreement without our written consent. We may transfer it to someone who takes over Cairn.

16.6Only you and we have rights under this agreement. No one else may enforce it.

17.Governing law

17.1This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada that apply there.

17.2The courts of the Province of Ontario have exclusive jurisdiction over any dispute arising out of or in connection with this agreement.

17.3If you are located in the United States, any dispute arising out of or relating to this agreement may, at our option, be resolved by binding individual arbitration under the rules of the American Arbitration Association, and not as a class action or representative proceeding.

18.Contact

18.1You can contact TwentyTwoStudios by email at ghenderson8181@gmail.com, or through our website at https://hliwudnew.github.io/.

Portions of this agreement are based on a free template from SEQ Legal.