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- for the purpose of communicating with you about our products and services
- send you information as you require
By giving us information, you consent to these uses.
Legal Notice and Disclaimer
- you may take temporary copies necessary to browse this site on screen
- you must not change any of the material or remove any part of any copyright notice information at this site. The information displayed within this site:
- is general information provided to provide the public with information about the products and services offered by Glass Designer, Inc.
- is not professional advice
- may not be current or complete
- is subject to change without notice
End User License Agreement (EULA)
This EULA is a legally binding agreement and governs the licensing of eShowers (Software) from Glass Designer, Inc. (We, Us or Our). By clicking “I agree” or downloading, installing or using the Software, You (You or Your) acknowledge and agree that You have read and understood the EULA and agree to be bound by its terms and that if You are using the Software on behalf of an entity other than Yourself, You have the power and authority to bind that entity and consent to the EULA.
The following terms apply to this EULA:
Confidential Information means all trade secrets, ideas, know how, concepts and information whether in writing or otherwise relating in any way to Us or to You, Our sub-licensees, agents and employees, Your or Our affairs or businesses, sales, marketing or promotional information, this EULA including any such information in Our or Your power, possession or control concerning or belonging to any third party but does not include information that: (a) is, or becomes part of, the public domain otherwise than by breach of this EULA by You or Us; (b) is lawfully obtained by either party from another person without any restriction as to use and disclosure; or (c) was in the receiving party’s possession prior to disclosure to it by You or Us.
Fees means the First Term Subscription Fee, the Renewal Term Subscription Fee and any additional fees that You and Us agree are payable under this EULA.
First Term means the initial 1-year period of this EULA.
First Term Subscription Fee means the fee owed by You and specified in the Order for the license to use the Software for the First Term.
Named User means a single named person and may be affiliated with multiple devices (such as a PC, tablet or other intelligent device) provided that a single Named User may not use the Software concurrently on more than one device.
Order means the license purchase form for the eShowers version that You have completed from the Website to order the Software from Us for use during a Term.
Our Intellectual Property Rights means copyright, and all rights in relation to inventions, registered and unregistered trade marks (including service marks), registered and unregistered designs, circuit layouts, and any other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields under the laws of any jurisdiction throughout the world and includes data and usage statistics that We collect from Named Users of the Software but excludes Your Confidential Information.
Renewal Term Subscription Fee means the fee owed by You to us to extend the license and this EULA for the Renewal Term.
Renewal Term means the 1-year period that starts at the end of the First Term and includes each subsequent Renewal Term.
Software means the eShowers software program and includes any updates, upgrades, modifications and documentation that We provide to You for the Software.
Supported Device means a computer or other device that meets the specifications described on the Website and that We support for the operation of the Software.
Term means the First Term and any subsequent Renewal Term.
Website means the Glass Designer, Inc. website or the website of a partner of Ours who is authorised to distribute the Software.
2. LICENSE. We grant You a non-exclusive, non-transferable, license to use the Software on a Supported Device for the Term specified in the Order. You may only use the Software for the number of Named Users specified in the Order. This license does not allow You to use the Software to operate a service bureau, SaaS, hosting service or other similar service. Neither this EULA nor the Software may be sold, leased, assigned, sublicensed or transferred by You, in whole or in part.
3. SCOPE OF USE. You may only use the Software for Your internal business purposes and You may not modify, alter or adapt the Software or merge all or part of it with any other Software without Our prior written consent. You may only use the Software for the number of Named Users allowed in the Order and You may not use multiplexers, concentrators, application servers or other devices or technology to reduce or avoid the counting of Name Users of the Software. You may not reverse engineer, reverse compile or decompile the Software or try to access or discover its source code or any trade secret related to the Software. You may not remove or obscure any notice relating to Our Intellectual Property Rights. You must immediately notify us if You become aware of any unauthorised use of the Software. You acknowledge that We may incorporate technical features into the Software to enforce this EULA.
4. AUDIT. You must allow Us, subject to reasonable prior notice, to access Your premises to audit the number of Named Users and copies of the Software. The cost of such audit will be borne by Us, except if the audit establishes unauthorised copies or usage of the Software, in which case You must pay the costs.
5. FEES. You agree to pay the Initial Term Subscription Fee as specified in the Order. You must pay a Renewal Term Subscription Fee to use the Software for a Renewal Term. We may increase the Fees at any time to reflect changes in Our standard rates and charges. The Fees are exclusive of all sales, use, value-added and other taxes and duties other than tax owed on Our net income.
6. SOFTWARE SUPPORT. If You have paid the First Term Subscription Fee and any Renewal Term Subscription Fee for the relevant Term, We will provide technical consultation for the Software and You will receive updates and new version releases of the Software provided such updates and new release are generally made available to other customers using the Software (Support Services). We only offer Support Services through the Website or via email as specified on the Website. For an additional fee, You may receive direct technical assistance from Us by telephone.
7. CONFIDENTIAL INFORMATION. We and You agree not to disclose, duplicate or otherwise reproduce, directly or indirectly, each other’s Confidential Information in whole or in part. We and You further agree to use each other’s Confidential Information solely for the purposes of exercising each other’s rights stated under this EULA or other rights that are clearly contemplated by this EULA.
8. BETA SOFTWARE AND LIMITED WARRANTY. If You are using a beta version of the Software, then We license that Software to You “as is” without warranty of any kind. For all other versions of the Software, We warrant that for a period of 90 days from the date of the Order, the Software will perform substantially in accordance with its specifications contained in the documentation. Our entire liability and Your sole remedy under this warranty is that We will use reasonable commercial efforts to correct or provide a work around for any reproducible error in the Software provided that We are given notice during the warranty period. WE DO NOT WARRANT THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL FUNCTION WITH OTHER HARDWARE OR SOFTWARE. THE WARRANTIES SET FORTH IN THIS SECTION 8 ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The warranties set forth in this Section 8 are expressly subject to the limitation of liability in Section 10 and apply to You only and not to any third party.
9. INTELLECTUAL PROPERTY RIGHTS AND INDEMNITY. You agree that We own Our Intellectual Property Rights in the Software, including improvements, modifications or enhancements to the Software and that You obtain no right or interest in the Software or any part of the Software. You agree that We may use Our Intellectual Property Rights to further develop, improve and promote the Software.
If We are held by a court of competent jurisdiction to have infringed a third party’s copyright in a country where You are authorised to use the Software, then we may at our own expense: (a) modify the Software so that it becomes non-infringing; (b) obtain for You a license to continue to use the Software; or if (a) or (b) cannot be accomplished on terms reasonable to Us, remove any infringing work from You and refund to You the last payment made for a First Term Subscription Fee or Renewal Term Subscription Fee. We are not liable under this indemnity if the infringement results directly or indirectly from: (i) Your use of the Software other than in accordance with the documentation or in a manner that is in breach of the EULA: (ii) unauthorised copying, modification, adaptation or translation of the Software; or (iii) use or operation of the Software in combination with equipment, software, materials or services not authorised by Us and You indemnity Us for all losses, costs, expenses and demands that arise from the foregoing. THIS SECTION 9 STATES OUR EXCLUSIVE LIABILITY WITH RESPECT TO ANY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER MISAPPROPRIATION AND IS IN LIEU OF ALL OTHER REMEDIES, LIABILITIES AND OBLIGATIONS.
10. LIMITATION OF LIABILITY AND INDEMNITY. WE ARE NOT RESPONSIBLE FOR AND WE SPECIFICALLY DISCLAIM ALL LIABILITY FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL), PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER WHICH MAY BE SUFFERED BY YOU OR ANY THIRD PARTY THAT MAY BE ATTRIBUTABLE, DIRECTLY OR INDIRECTLY, TO THE SOFTWARE OR TO YOUR USE OF THE WEBSITE. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SOFTWARE OR THE WEBSITE AND IN NO EVENT ARE WE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND.
11. TERMINATION. We may terminate this EULA immediately by notice to You if You breach a provision of this EULA and fail to remedy the breach within 14 days. Either party may terminate this EULA if the other party becomes or threatens to become subject to any form of bankruptcy or insolvency administration. Upon termination, You are no longer permitted to use the Software and You must immediately cease to us it and delete or destroy all copies of the Software in Your possession. Termination of this EULA does not prejudice any rights or any claim that either party may have accrued against the other party up to the date of termination.
12. GOVERNING LAW. This EULA and Your use of the Website are governed by the laws of the State of Delaware, without reference to its conflict of law provisions. Any cause of action arising under this EULA must be brought in the courts of the State of Delaware and both parties irrevocably submit to the non-exclusive jurisdiction of such courts. This EULA contains the entire agreement and understanding between You and Us about the Software and all prior agreements and representations made between You and Us are superseded by this EULA.
13. EXPORT. You represent and warrant that the Software will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist-supporting” country, and (ii) that You are not listed on any U.S. Government list of prohibited or restricted parties. You must not export or re-export, or permit exportation or re-exportation of the Software in violation of any export provisions of the United States or any other applicable legislation.
14. GENERAL PROVISIONS. A. Relationship — This EULA — does not create any partnership, joint venture or agency relationship between You and Us. B. No Authority — Neither We nor You may enter into any agreements or incur any liabilities on behalf of the other party without the other party’s prior written consent nor may represent to any person that it has any authority to do so. C. Publicity — Neither We nor You will make any public announcement or make any representation to any media representative about or concerning: (i) this EULA; (ii) the performance of this EULA by any party; (iii) any matter related to this EULA; or (iv) the other party, without the other party’s prior written consent. D. Waiver — No right under this EULA is waived or deemed to be waived except by notice in writing signed by the party waiving the right. E. Assignment — We may assign Our rights under this EULA without Your consent. You may not assign Your rights without Our consent. F. Information Provided by You – We require You to provide information such as Your name, address, email address, credit card number or other details when You place on Order on Us (“Information”). We may subsequently require further details to enable the processing of any additional Orders that You make. You agree to provide Us with current, complete and accurate Information and We agree not to sell or disclose Your Information to third parties without Your consent.