This End User License Agreement (“EULA”) between you and Information Architects AG, located at Rütistrasse 48, 8044 Zurich, Switzerland (“iA”), governs your use of iA Writer, iA Presenter, and other software from iA (collectively the “Software”).
The Software is licensed, not sold, to you. Your license to the Software is subject to your prior acceptance of this EULA. iA reserves all rights in and to the Software not expressly granted to you under this EULA.
iA grants you a nontransferable license to use the Software as permitted by the Usage Rules. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Software as well as upgrades provided by iA that replace or supplement the original Software, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Software available over a network where they could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Software and, if you sell your device to a third party, you must remove the Software from your device before doing so. You may not copy (except as permitted by this EULA and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Software).
You agree that iA may collect and use technical data and related information — including but not limited to technical information about your device, system and application software, and peripherals — that is gathered periodically to facilitate the provision of Software updates, product support, and other services to you (if any) related to the Software. iA may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
This EULA is effective until terminated by you or iA. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.
The Software may enable access to iA’s and/or third-party services and websites (collectively and individually the “External Services”). You agree to use the External Services at your sole risk. iA is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by any Software or External Services, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by iA or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of iA or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that iA is not responsible for any such use. External Services may not be available in all languages or in your home country, and they may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. iA reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
You expressly acknowledge and agree that use of the Software is at your sole risk. To the maximum extent permitted by applicable law, the Software and any services performed or provided by the Software are provided “AS IS” and “AS AVAILABLE,” with all faults and without warranty of any kind, and iA hereby disclaims all warranties and conditions with respect to the Software and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights. No oral or written information or advice given by iA or its authorized representative shall create a warranty. should the Software or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
To the extent not prohibited by law, in no event shall iA be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the Software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if iA has been advised of the possibility of such damages. some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall iA’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty Swiss francs (50.00 CHF). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software were obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into a prohibited destination country under export control or sanctions regulations or (b) to any prohibited destination or persons or entities on the Swiss State Secretariat for Economic Affairs (SECO) sanctioned persons lists or any similar lists maintained by other countries. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by Swiss law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
The Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights are reserved under the copyright laws of the United States.
This EULA and the relationship between you and iA shall be governed exclusively by the laws of Switzerland, without regard to its conflict of law provisions. The exclusive jurisdiction and venue for any disputes arising out of or related to this EULA shall be the competent courts located at the domicile of iA.
Last revised: May 1, 2024