End User License Agreement

1. Definitions

• "Software" means the Telemetry Studio desktop application, including any updates, patches, or modifications provided by Licensor.
• "Licensor" means Marketmotion LLC.
• "You" or "User" means the individual or entity that downloads, installs, or uses the Software.
• "License Key" means the unique code provided upon purchase that activates the Software.
• "Device" means a single computer (physical or virtual machine) on which the Software is installed.

2. License Grant

Subject to the terms of this Agreement, Licensor grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Download and install the Software on up to three (3) Devices that You own or control;
• Use the Software for personal or commercial purposes in accordance with this Agreement.

This Software is licensed, not sold. Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights therein.

3. License Activation and Machine Limits

• The Software requires activation using a valid License Key.
• Each License Key may be activated on a maximum of three (3) Devices simultaneously.
• Activation requires an internet connection and collection of a device identifier (machine fingerprint) to verify compliance with the machine limit.
• You may deactivate a Device to free an activation slot for use on a different Device.

4. Trial License

Licensor may offer a free trial of the Software ("Trial Period") for evaluation purposes:

• The Trial Period is fourteen (14) days from first activation.
• During the Trial Period, exports include a watermark.
• Upon expiration of the Trial Period, the Software will enter restricted mode until You purchase a License Key.
• We collect a device identifier during Trial activation to prevent abuse and enforce the one-trial-per-device limitation.

5. Restrictions

You shall NOT:

• Copy, modify, or create derivative works of the Software;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software, except to the extent expressly permitted by applicable law;
• Rent, lease, lend, sell, redistribute, or sublicense the Software or License Key;
• Share, publish, or transfer Your License Key to any third party;
• Remove, alter, or obscure any proprietary notices on the Software;
• Use the Software to develop a competing product;
• Circumvent or disable any license validation, security, or access control mechanisms;
• Use the Software in any manner that violates applicable laws.

EU Exception: Nothing in this Agreement shall restrict Your rights under Articles 5 and 6 of Directive 2009/24/EC (Software Directive) to decompile the Software for interoperability purposes or to correct errors, to the extent such rights cannot be waived by contract.

6. Intellectual Property

The Software and all copies thereof are proprietary to Licensor and title thereto remains in Licensor. The Software is protected by copyright laws and international treaty provisions. You acknowledge that the Software contains valuable trade secrets and confidential information of Licensor.

All trademarks, service marks, and trade names associated with the Software are the property of Licensor or their respective owners.

7. Third-Party Services

The Software integrates with third-party services including but not limited to:

• Strava - for cycling activity data (requires Your authorization)
• Mapbox - for map rendering (GPS coordinates transmitted)
• Polar.sh - for license management and payments

Your use of these third-party services is subject to their respective terms of service and privacy policies. Licensor is not responsible for the availability, accuracy, or content of third-party services.

8. Updates and Support

• Licensor may provide updates, patches, or new versions of the Software at its discretion.
• Updates may be automatically downloaded and installed.
• Support is provided on a reasonable-efforts basis via email at [email protected].
• Licensor reserves the right to discontinue support for older versions of the Software.

9. Data Collection

The Software collects certain information as described in our Privacy Policy, including:

• Device identifier (machine fingerprint) for license validation
• Platform and architecture information
• Crash reports (if enabled via Sentry)

You consent to such data collection as described in the Privacy Policy.

10. DISCLAIMER OF WARRANTIES

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to You. In such jurisdictions, Licensor's liability is limited to the maximum extent permitted by law.

11. LIMITATION OF LIABILITY

Exceptions: The limitations above do not apply to liability arising from (i) Licensor's gross negligence or willful misconduct, (ii) death or personal injury caused by Licensor's negligence, or (iii) fraud or fraudulent misrepresentation.

12. Indemnification

You agree to indemnify, defend, and hold harmless Licensor and its officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Software;
• Your violation of this Agreement;
• Your violation of any applicable law or third-party rights;
• Any content You create, process, or export using the Software.

13. Term and Termination

Term: This Agreement is effective until terminated.

Termination by You: You may terminate this Agreement at any time by uninstalling the Software and destroying all copies in Your possession.

Termination by Licensor: Licensor may terminate this Agreement immediately upon notice if You breach any term of this Agreement. Upon termination, Your license to use the Software is revoked.

Effect of Termination: Upon termination, You must cease all use of the Software, uninstall and delete all copies of the Software from Your Devices, and destroy any backup copies in Your possession.

Sections 6, 10, 11, 12, 14, 15, and 16 shall survive termination of this Agreement.

14. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce. You shall not export or re-export the Software to any prohibited country, entity, or person.

15. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Any dispute arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in Delaware, and You consent to the personal jurisdiction of such courts.

Exclusion of UN Convention: The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

16. General Provisions

Entire Agreement: This Agreement, together with the Privacy Policy and any other documents incorporated by reference, constitutes the entire agreement between You and Licensor regarding the Software.

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver: Failure by Licensor to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer this Agreement or any rights hereunder without Licensor's prior written consent. Licensor may assign this Agreement without restriction.

Notices: Licensor may provide notices to You via email to the address associated with Your License Key or via the Software interface.

Headings: Section headings are for convenience only and have no legal effect.

17. EU Consumer Rights

If You are a consumer residing in the European Union or European Economic Area, You have certain statutory rights under the Digital Content Directive (EU) 2019/770 that cannot be waived or limited by contract, including:

• The right to conformity remedies if the Software does not meet the contract requirements;
• A two-year liability period for defects existing at time of delivery;
• The right to necessary security updates.

Nothing in this Agreement shall affect these statutory rights. Where this Agreement conflicts with Your mandatory consumer rights, Your statutory rights shall prevail.

18. Contact Information

For questions about this Agreement, please contact:

Marketmotion LLC
Email: [email protected]