IBE SOFTWARE HelpNDoc End User License Agreement
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND IBE SOFTWARE. PLEASE READ IT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, CLICK "CANCEL" AND DO NOT INSTALL OR USE THE SOFTWARE.
THIS EULA APPLIES ONLY TO THE SOFTWARE SUPPLIED BY IBE SOFTWARE, REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERENCED OR DESCRIBED HEREIN.
DEFINITIONS
(a) "HelpNDoc" or "Software" refers to IBE Software's HelpNDoc program, including associated documentation, media, and online or electronic materials provided with the software.
(b) "IBE Software" means the developer and licensor of HelpNDoc.
(c) "EULA" refers to this End User License Agreement, which governs the terms and conditions under which the Software is licensed and used.
(d) "Free Version" (also referred to as "Freeware Version" or "Personal Edition") refers to a version of the Software that is free to use for personal, non-commercial, non-profit, or evaluation purposes. It may include feature limitations, may lack certain functionality available in paid versions, and may insert attribution messages in the output.
(e) "Registered Version" refers to a version of the Software purchased from IBE Software.
(f) "Non-Profit Version" refers to a version of the Software purchased by a non-profit organization. It may only be provided to staff or volunteers of the non-profit entity and used solely for the organization's internal, non-commercial purposes. This version may include feature limitations and may not include all functionality available in other paid editions.
(g) "Commercial Use" means any use of the Software that results in or supports revenue generation, salary, compensation, or other remuneration, whether directly or indirectly. This includes, but is not limited to, using the Software in the course of employment, client work, commercial product development, service delivery, advertising, or internal operations of a business or organization.
LICENSE GRANT
IBE Software hereby grants you a non-exclusive, non-transferable, revocable license to install and use the Software in accordance with the terms of this Agreement. The Software may be installed and used in physical, virtual, or remote desktop environments provided such usage complies with your license type and seat count.
LIABILITY DISCLAIMER
THE HELPNDOC PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. USE OF THIS SOFTWARE IS AT YOUR OWN RISK. IBE SOFTWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL IBE SOFTWARE BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, PROFITS, OR ANY OTHER LOSS ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE.
LIMITATION OF LIABILITY
In no event shall IBE Software's total liability to you for all claims arising out of or relating to this Agreement or the use of the Software exceed the total amount, if any, that you paid for the Software. Under no circumstances shall IBE Software be liable for any indirect, incidental, special, exemplary, or consequential damages, including but not limited to loss of data, loss of business, loss of profits, or interruption of use, even if IBE Software has been advised of the possibility of such damages and regardless of the legal or equitable theory upon which the claim is based.
INTELLECTUAL PROPERTY
All rights, title, and interest in and to the Software, including but not limited to its source code, object code, design, features, logos, and documentation, are and shall remain the exclusive property of IBE Software. This Agreement does not grant you any ownership rights in the Software, and all rights not expressly granted are reserved by IBE Software.
RESTRICTIONS
You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, or transfer any version of the Software except as expressly permitted by this EULA. Unauthorized use results in immediate termination of the license and may subject you to legal action.
NON-TRANSFERABILITY
You may not sublicense, rent, lease, lend, sell, redistribute, assign, or otherwise transfer the Software or any license rights to any other individual or entity without prior written consent from IBE Software.
FOR HELPNDOC FREE VERSION ONLY
(a) The Free Version may be used solely by individuals for personal, non-commercial, non-profit, or evaluation purposes. It may not be used for any commercial, professional, institutional, or collaborative purpose, including projects that support a business or revenue-generating activity, whether directly or indirectly.
(b) The Free Version may not be used within any organization (including but not limited to businesses, educational institutions, or non-profit entities), except for individual evaluation by a single user. Use in team-based, shared, or collaborative environments is not permitted.
(c) The Free Version may not be used in automated environments, including but not limited to scripts, build pipelines, continuous integration systems, or batch-processing tools.
(d) Users who have previously held a commercial or non-profit license may not revert to using the Free Version for the same or related purpose after their license has expired.
(e) Any help files or outputs created using the Free Version must not be used for commercial or institutional purposes, even if the work is unpaid or intended for internal distribution. You may not manually or programmatically alter, remove, or obscure any attribution messages or other markings inserted by the Software in the generated output.
(f) The Free Version may be freely distributed, provided the distribution package remains unmodified in any way.
(g) The Free Version may not be bundled or integrated into any other software or distribution platform without the prior written consent of IBE Software.
(h) While the user may publish work created with the Free Version, IBE Software assumes no liability for the content of such work.
FOR HELPNDOC REGISTERED VERSION ONLY
(a) Single-User (Per Seat or Named) Licenses: You may install and use the Software on one computer. Installation on a second device (e.g., a laptop and a desktop) is permitted only if you are the exclusive user of both devices. This license is personal, assigned to a single named individual, and may not be shared, transferred, or used concurrently by multiple users.
The Software may be installed and used in virtual machine environments, provided the virtual instance is accessible only by the licensed user and not shared across users or automated systems. Use on shared workstations, terminal servers, or virtualized environments where more than one individual can access the Software under a single-user license is strictly prohibited and constitutes a material breach of this Agreement.
(b) Multiple-User (Floating) Licenses: You may install and use the Software on a central server to allocate usage among multiple users, limited to the number of floating licenses purchased. A license management system (such as a floating license server) may be provided by IBE Software to handle license leasing to end users. This system may be installed on-premises or made available as an online service by IBE Software.
Only one user per floating license may use the Software at any given time. All users must be part of the same legal entity (e.g., organization or company), and licenses may not be shared across organizations or subsidiaries unless explicitly authorized in writing by IBE Software.
You are responsible for ensuring that the license management system is not tampered with, bypassed, or used to exceed the number of licenses purchased. Use of automated methods or tools to circumvent licensing controls is strictly prohibited and constitutes a material breach of this Agreement.
(c) The registered user may publish works created with the Software, but IBE Software assumes no liability for published content.
(d) Some editions may include attribution messages or visual markings in the generated output. These messages must not be altered, removed, or obscured, whether manually or through automated means.
(e) Registered licenses include free updates (both minor and major) for twelve (12) months from the purchase date.
(f) Any version of the Software downloaded during the update period may continue to be used indefinitely, even if the update period has expired.
(g) IBE Software does not guarantee continued access to older versions of the Software after the update term has expired.
FOR HELPNDOC NON-PROFIT VERSION ONLY
(a) Single-User (Per Seat or Named) Licenses: You may install and use the Software on one computer. Installation on a second device (e.g., a laptop and a desktop) is permitted only if you are the exclusive user of both devices. This license is personal, assigned to a single named individual, and may not be shared, transferred, or used concurrently by multiple users.
The Software may be installed and used in virtual machine environments, provided the virtual instance is accessible only by the licensed user and not shared across users or automated systems. Use on shared workstations, terminal servers, or virtualized environments where more than one individual can access the Software under a single-user license is strictly prohibited and constitutes a material breach of this Agreement.
(b) Multiple-User (Floating) Licenses: You may install and use the Software on a central server to allocate usage among multiple users, limited to the number of floating licenses purchased. A license management system (such as a floating license server) may be provided by IBE Software to handle license leasing to end users. This system may be installed on-premises or made available as an online service by IBE Software.
Only one user per floating license may use the Software at any given time. All users must be part of the same legal entity (e.g., organization or company), and licenses may not be shared across organizations or subsidiaries unless explicitly authorized in writing by IBE Software.
You are responsible for ensuring that the license management system is not tampered with, bypassed, or used to exceed the number of licenses purchased. Use of automated methods or tools to circumvent licensing controls is strictly prohibited and constitutes a material breach of this Agreement.
(c) The Software may be used solely by authorized staff or volunteers for the non-profit organization's internal, non-commercial operations. It may not be used for any paid consulting, commercial publishing, or work performed for external clients.
(d) The non-profit user may publish works created with the Software, but IBE Software assumes no liability for the content.
(e) Some editions may include attribution messages or visual markings in the generated output. These messages must not be altered, removed, or obscured, whether manually or through automated means.
(f) Non-profit licenses include free updates (both minor and major) for twelve (12) months from the date of purchase.
(g) Any version of the Software downloaded during the update period may continue to be used indefinitely, even if the update period has expired.
(h) IBE Software does not guarantee continued access to older versions of the Software after the update term has expired.
SUPPORT
IBE Software provides support for the Software exclusively via e-mail. While support is offered to all users, Registered and Non-Profit license holders will receive priority responses. Support is limited to issues directly related to the use and operation of the Software and may be subject to reasonable use limits at IBE Software's discretion.
TERMINATION
This license remains in effect until terminated. You may terminate it at any time by destroying all copies of the Software and associated materials.
IBE Software reserves the right to terminate this Agreement immediately if you breach any of its terms, including unauthorized use, distribution, or transfer of the Software. Upon termination, you must destroy or delete all copies of the Software and documentation in your possession.
FORCE MAJEURE
Neither party shall be liable for any delay or failure in performance under this Agreement resulting from causes beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, embargoes, government actions, power failures, internet outages, or failures of third-party service providers. Performance shall be excused for the duration of such force majeure events and shall resume as soon as reasonably possible.
GOVERNING LANGUAGE
This Agreement may be translated into other languages. In the event of any discrepancy or inconsistency between the English version and a translated version, the English version shall prevail and govern.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of France. Any disputes arising from or in connection with this Agreement shall be subject to the exclusive jurisdiction of the competent courts of Antibes, France.
SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect as if the unenforceable provision had never been a part of this Agreement.
SURVIVAL
The provisions relating to intellectual property, liability disclaimer, license restrictions, and governing law shall survive any termination of this Agreement.
MODIFICATIONS TO THIS AGREEMENT
IBE Software reserves the right to modify the terms of this End User License Agreement at any time. Any updated version of this Agreement will be made available at the time of software installation or download. Your continued use of the Software after being presented with a modified agreement and accepting it constitutes your acceptance of the modified terms. If you do not agree to the updated terms, you must discontinue use of the Software.
ENTIRE AGREEMENT
This End User License Agreement constitutes the entire agreement between you and IBE Software concerning the Software and supersedes all prior or contemporaneous understandings, communications, proposals, representations, or agreements, whether oral or written, relating to its subject matter. No oral or written information or advice given by IBE Software or its representatives shall create any obligation or warranty that is not expressly stated in this Agreement.
OTHER RIGHTS AND RESTRICTIONS
All rights not expressly granted in this license are reserved by IBE Software.