End-User License Agreement (EULA)
PLEASE READ THIS AGREEMENT CAREFULLY. This End-User License Agreement ("Agreement") is a legal document between you (either an individual or an entity, "End User") and Compelson s.r.o. ("COMPELSON") for the use of the COMPELSON software product, including any updates and accompanying documentation (the "Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Software. If you have purchased a license but do not accept this Agreement, you may return the Software (and any accompanying items) to the place of purchase for a full refund.
If this Agreement is modified in a future release of the Software, you will be notified (for example, via the Software's user interface) and prompted to accept the updated terms before continuing to use or update the Software. If you do not accept the modified terms, you must cease using the Software.
Definitions
• "COMPELSON" - Compelson s.r.o., the developer and licensor of the Software, and its authorized licensors, if any.
• "Software" - The COMPELSON software program(s) provided with this Agreement, including all components, features, and updates thereto.
• "License Key" - A code, dongle, activation file, or other mechanism provided by COMPELSON (or its authorized partners) that enables the authorized use of the Software under this Agreement.
License Grant and Permitted Use
Subject to the terms of this Agreement and your payment of any applicable license fees, COMPELSON grants you a limited, non-exclusive, non-transferable license to install and use the Software as follows:
• Single-User License: You may install and use one copy of the Software on a single computer or device, for use by one person at a time. You may also make one copy for backup or archival purposes, provided that all proprietary notices (e.g. copyright notices) are reproduced on that copy.
• Multi-User or Network License: If you purchased a multi-user, volume, or network license, you may install the Software on multiple computers or on a network server for access by the number of concurrent users authorized by your license purchase. You must ensure that the number of users concurrently using the Software does not exceed the number of licenses you have obtained. A separate license is required for each additional concurrent user or installation beyond what you have purchased.
• Evaluation (Demo, Preview) License: If the Software is provided to you on a trial or evaluation basis, you may use it only for the specified evaluation period and only to evaluate the Software's functionality. Upon expiration of the evaluation period, you must either purchase a full license or cease all use of the Software. Evaluation versions may have limited features or usage restrictions and are provided "as is" without any maintenance or support obligations from COMPELSON.
License Restrictions
You agree to use the Software only as permitted in this Agreement. Except as expressly allowed above, you shall NOT:
• Make additional copies of the Software, or distribute the Software (electronically or otherwise) to any third party, except as permitted under the "Distribution of Trial Version" section below.
• Install or use the Software on more computers, or allow more users to access the Software, than you have licenses for.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of the Software, except to the limited extent allowed by applicable law despite this restriction.
• Modify, adapt, translate, or create derivative works based on the Software.
• Rent, lease, sublicense, sell, or transfer the Software or any portion of it to another person or entity without COMPELSON's prior written consent. (If you are an organization, you may permit your employees or authorized contractors to use the Software within the scope of your license.)
• Use the Software in any manner that violates applicable law or regulation, including (but not limited to) export control, data protection, or privacy laws (see Export Compliance below).
• Use the Software to develop a competing product or for any purpose that is competitive to COMPELSON. (Any use of the Software or related knowledge to create or enhance a competing software is strictly prohibited.)
Activation and License Keys
The Software may require a valid License Key or activation to install or operate beyond an initial trial period. You agree to activate and use the Software only in accordance with the license type you have obtained:
• Activation: The Software's license enforcement may require online activation or periodic verification of your License Key. For systems without Internet access, COMPELSON may provide an offline activation method. You agree that COMPELSON may disable or limit the Software if a valid license or activation is not in place or cannot be verified.
• Hardware Dongle: If your license is provided via a physical hardware key (dongle), the dongle must be present for the Software to function. A dongle-based license allows you to use the Software on different computers provided the dongle is attached to the active computer (only one computer/use at a time per dongle). You are responsible for the safekeeping of any provided dongle; loss or theft of the dongle may render the Software unusable, and replacement may require purchase of a new license.
• Network License: If you have a network license, you may install the Software on multiple machines within your organization, but the number of simultaneous users accessing the Software at any given time must not exceed the number of licenses you have purchased. The Software or license server may enforce this by denying access when the maximum number of concurrent uses is reached.
• No Circumvention: You shall not attempt to circumvent or disable any license management, activation, or security features of the Software. Any such attempt is a violation of this Agreement and will cause the license to be immediately terminated. COMPELSON reserves the right to take technical measures within the Software to detect and prevent unlicensed or unauthorized use.
Upgrades and Updates
If this Software is an upgrade or update to a previous version, it is provided to you on a license exchange basis. By installing or using the updated version, you agree that your license to any prior version is terminated and you will not continue to use (or transfer) the prior version. Any prior version may be used only if both the prior version and the new upgrade are installed on the same single computer, and even then solely to assist in the transition to the upgraded version (not for simultaneous use). All upgrades and updates are provided to you under the terms of this Agreement or any superseding agreement that may accompany the upgrade.
COMPELSON may, from time to time, issue updates or patches to the Software. Some updates may be critical (e.g. for security or legal compliance). You agree to promptly install such updates. If you have purchased a subscription or maintenance plan, you will receive Software updates as outlined in that plan. Providing updates does not imply an extension of your license term unless explicitly stated.
Ownership of the Software
This Agreement does not sell the Software to you; it only grants you a limited license to use it. COMPELSON (and/or its licensors) retains all ownership and intellectual property rights in and to the Software. This includes all copies of the Software, in whole or in part, and all related intellectual property such as patents, designs, trademarks, trade secrets, and copyrights.
You acknowledge that the Software and its structure, organization, and source code constitute valuable trade secrets and confidential information of COMPELSON. All rights not expressly granted to you in this Agreement are reserved by COMPELSON. You agree that you will not remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the Software or accompanying materials.
Any feedback or suggestions you provide regarding the Software are voluntary, and COMPELSON may use such feedback and suggestions without obligation or compensation to you. Improvements or modifications to the Software based on your feedback remain the sole property of COMPELSON.
Distribution of Trial Version
If COMPELSON designates a version of the Software as a free, trial, or "non-registered" version, you may make copies of that version only under the following conditions:
• Permitted Distribution: You may duplicate and distribute exact, unmodified copies of the officially released trial/non-registered installation package of the Software to anyone, by electronic means or otherwise.
• No Charge: You may not charge any fee or request any compensation for distributing the trial version. The trial version must not be sold or used to solicit donations.
• Bundle Restrictions: You may not distribute the trial version bundled with any other product or software (commercial or otherwise) without the prior written consent of COMPELSON. It must be clear that the Software is a separate product.
• Clarity of Status: You must not misrepresent the trial software as a fully licensed version. All distributed copies must retain any markings or notifications that indicate the software is a trial or evaluation version.
Note: Distribution of any full (paid) version of the Software or any License Key by anyone other than COMPELSON or its authorized resellers is strictly prohibited.
Support and Reseller Sales
COMPELSON distributes the Software both directly and through authorized resellers/partners. The following terms clarify responsibilities when a reseller is involved:
• Primary Support via Reseller: If you obtained the Software through an authorized reseller or partner, please contact that reseller for any initial sales inquiries, license delivery issues, or first-level support questions. In many cases, the reseller is responsible for assisting you with installation, activation, and basic troubleshooting.
• Reseller's Role: Authorized resellers act as independent sellers of COMPELSON's Software. They may provide you with training, support, or other services as part of your purchase. However, resellers are not permitted to modify the terms of this Agreement or make any promises or warranties on behalf of COMPELSON. Any additional obligations or assurances offered by the reseller beyond COMPELSON's standard terms are the sole responsibility of that reseller.
• License from COMPELSON: Whether you purchase the Software directly from COMPELSON or through a reseller, your right to use the Software is defined by this EULA. This Agreement is between you and COMPELSON. The reseller is not a party to this EULA, and nothing a reseller does or says can alter your obligations or COMPELSON's rights under this Agreement.
• Escalation to COMPELSON: If your reseller is unable to resolve an issue with the Software, or if the issue pertains to software defects or other matters covered by COMPELSON's warranty (if any), you may contact COMPELSON directly via the support channels listed on our website. COMPELSON will provide second-level support or warranty service according to its standard policies.
(In summary, most sales are handled by our partners and resellers. They are your first point of contact for sales and support issues, and they must uphold their responsibilities in serving you. COMPELSON stands behind its product for matters related to the software itself, but does not assume liability for commitments made solely by the reseller.)
Export Compliance (Dual-Use Regulations)
The Software and related technical information may be subject to export control laws and regulations, including those of the European Union, the United States, and other jurisdictions. You agree to comply with all applicable export and import laws and regulations in your use and transfer of the Software. This includes, but is not limited to, the following:
• Dual-Use Classification: You acknowledge that the Software may be classified as a dual-use item under EU law (e.g., subject to Council Regulation (EU) 2021/821 and its amendments or successor regulations setting up a Union regime for dual-use items) or under other national export control laws. You represent that you will not export, re-export, or transfer the Software except in compliance with all applicable laws and regulations.
• Prohibited Destinations/End Users: You shall not directly or indirectly export or re-export the Software to any country, end user, or for any end use that is prohibited by EU, U.S., or other applicable jurisdictions' export laws. This includes (but is not limited to) export or transfer to countries under trade embargoes or sanctions, or to individuals or entities listed on government blacklists (such as the EU Consolidated List or U.S. Specially Designated Nationals list).
• Prohibited Uses: You shall not use or allow the Software to be used for purposes associated with the development, production, handling, operation, maintenance, or storage of nuclear, biological, or chemical weapons, missiles, or weapons of mass destruction, nor for any military end-use or end-user prohibited by applicable law.
• Authorities' Rights and Compliance: COMPELSON may cooperate with competent authorities in the auditing of export-controlled items. If required by law, COMPELSON (or you, as the end user) may be obligated to provide information on the end use and end user of the Software to regulatory or licensing authorities. You agree to provide any such information requested by COMPELSON to comply with export regulations. COMPELSON reserves the right to suspend or terminate your access to the Software if it has reason to believe that you have violated export control laws or if required to do so by any government authority.
• Indemnity for Export Violations: You agree to indemnify and hold COMPELSON harmless from any claims, penalties, or regulatory actions arising from your breach of this section. Any breach of the export compliance obligations is considered a material breach of this Agreement, subjecting your license to immediate termination.
Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND WITH ALL FAULTS. To the maximum extent permitted by law, COMPELSON and its suppliers disclaim all warranties and conditions, whether express, implied, or statutory, including but not limited to any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness, of results, of workmanlike effort, of lack of viruses, and of lack of negligence. There is no warranty of title or quiet enjoyment, or non-infringement of any third-party rights.
No oral or written information or advice given by COMPELSON or its dealers, distributors, agents, or employees shall create a warranty. You assume all responsibilities for selecting the Software to achieve your intended results, and for the installation of, use of, and results obtained from the Software. You bear the entire risk as to the quality and performance of the Software. Should the Software prove defective, you (and not COMPELSON or its authorized representatives) assume the entire cost of all necessary servicing, repair, or correction.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such case, any implied warranties are limited in duration to thirty (30) days from first use of the Software or the minimum period allowed by law (whichever is shorter).
Limitation of Liability
To the fullest extent permitted by law, in no event will COMPELSON or its affiliates, distributors, or suppliers be liable for any indirect, special, incidental, consequential, or punitive damages whatsoever (including but not limited to damages for lost profits or revenue, loss of data, loss of use of the Software or any associated equipment, 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 COMPELSON has been advised of the possibility of such damages.
In no case shall COMPELSON's total cumulative liability to you, for all claims arising from or related to this Agreement or the Software, exceed the amount actually paid by you for the Software (or, if the Software was provided to you free of charge or as an evaluation, $0). The existence of multiple claims will not enlarge this limit. The foregoing limitations and exclusions of liability shall apply even if any remedy fails in its essential purpose.
Because some jurisdictions do not allow the exclusion or limitation of liability for certain damages, the above limitation may not apply to you. In such jurisdictions, COMPELSON's liability is limited to the extent permitted by law.
Termination of License
This Agreement is effective from the date you accept it (or first install/use the Software) and will continue until terminated.
• You may terminate this Agreement at any time by uninstalling the Software and destroying all copies of the Software and any License Keys or activation materials provided to you.
• Termination by COMPELSON: Without prejudice to any other rights, COMPELSON may terminate this Agreement (and your license) immediately if you fail to comply with any term or condition of this Agreement. Such termination may occur with or without notice to you. Upon termination, you must immediately cease using the Software and destroy all copies of the Software in your possession or control, including any backup copies. COMPELSON may also disable the Software remotely (through the License Key or activation system) to enforce a termination for breach.
• Effect of Termination: Termination of this Agreement will not limit COMPELSON from pursuing any other remedies available to it, including injunctive relief. Sections that by their nature should survive termination (such as Ownership, License Restrictions, Export Compliance, Disclaimer of Warranties, Limitation of Liability, Indemnity, and Governing Law) shall survive. Termination does not entitle you to any refund (except as expressly provided by any applicable return policy or consumer law).
General Provisions
• Entire Agreement: This Agreement (including any addendum or amendment included with the Software) is the entire agreement between you and COMPELSON relating to the Software and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software or any other subject matter covered by this Agreement. No reseller, distributor, or sales representative of COMPELSON is authorized to make any amendment to this Agreement.
• Amendments and Waivers: Except as expressly provided in this Agreement, it may be amended only by a written document executed by an authorized representative of COMPELSON. No failure or delay by either party in exercising any right or remedy under this Agreement will operate as a waiver of that right or remedy, nor will any single or partial exercise of any right or remedy preclude full enforcement of any right or remedy.
• Severability: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible to effect the intent of the parties, and the remaining provisions of this Agreement shall remain in full force and effect.
• Governing Law: This Agreement will be governed by and construed in accordance with the laws of the Czech Republic, and to the extent applicable, the laws of the European Union. This choice of law does not deprive you of any protection under consumer protection laws in your own jurisdiction. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
• Jurisdiction: Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the Czech Republic, unless applicable law specifies a different jurisdiction for you as a consumer.
• Notices: Any questions, complaints, or claims regarding this Software or this Agreement should be directed to COMPELSON via the contact information provided on the official COMPELSON website (https://www.mobiledit.com). Similarly, COMPELSON may send you legal notices and communications via email or via postings on its website or user portal. It is your responsibility to ensure COMPELSON has accurate contact information for you.
• Assignment: You may not assign or transfer this Agreement or any rights or obligations under it, by operation of law or otherwise, without COMPELSON's prior written consent. Any attempted assignment without such consent is void. COMPELSON may assign this Agreement (in whole or in part) as part of a corporate reorganization, merger, acquisition, or other transfer of all or substantially all of its assets or business to which this Agreement relates, and upon such assignment COMPELSON shall be released from any obligations hereunder.
• No Third-Party Beneficiaries: This Agreement is intended solely for the benefit of you and COMPELSON. Except as expressly provided in this Agreement, no third party shall be deemed to be a beneficiary of any provision of this Agreement.
• Language: This Agreement may be presented in multiple languages for convenience. The English language version of this Agreement will govern in the event of any conflict or ambiguity in interpretation with translations (if provided).
Privacy
By using the Software, you agree to COMPELSON's collection and use of certain data from your use of the Software in accordance with COMPELSON's Privacy Policy. This may include technical information (such as device type, operating system, usage statistics, and IP address) for license verification, support, improvement of products, or statistical analysis. No personal data will be shared with third parties except as stated in the Privacy Policy or required by law. You can find and review COMPELSON's full Privacy Policy on our official website (https://www.mobiledit.com). Please review that policy to understand how we collect, use, and protect your information.
© 2025 Compelson s.r.o. All rights reserved. COMPELSON, MOBILedit, and other related marks and logos are trademarks or registered trademarks of Compelson s.r.o. (and/or its affiliates). This Agreement does not grant you any rights to use any trademarks of COMPELSON. All other trademarks are the property of their respective owners.