End-User License Agreement
Last updated date: Jan 30, 2024
Proxyman LLC is licensed to You (End-User) by Proxyman LLC, located and registered at 1209 Orange Street, Wilmington, Delaware 19801, United States ("Licensor"), for use only under the terms of this License Agreement.
By downloading the Licensed Application from Proxyman Website or from Apple's software distribution platform ("App Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store is referred to in this License Agreement as "Services."
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Proxyman LLC, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions ("Usage Rules"). Proxyman LLC acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
Proxyman LLC when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Proxyman LLC is to be used on devices that operate macOS, iOS, Windows and Linux OS Platform.
1. THE APPLICATION
Proxyman LLC ("Licensed Application") is a Modern Web Debugging Proxy App — and customized for macOS, iOS, Windows, and Linux devices ("Devices"). It is used to Inspect, Capture and Decrypt HTTP/HTTPS Request/Response from iOS/Android/Mac devices for debugging purpose.
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Proxyman LLC's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Proxyman LLC's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. LICENSE PERIOD
3.1 During a period of twelve (12) months upon purchasing the License Key, you are entitled to access all premium features and receive all Updates (new Proxyman versions). In order to receive new Updates (App Updates, Bugs fix, Improvement, etc) after this twelve months’ period, you will need to renew your License Key for the Full Version.
3.2 Proxyman may from time to time provide enhancements or improvements to the features/functionality of the Application, new Updates may include patches, bug fixes, updates, upgrades and other modifications.
4. TECHNICAL REQUIREMENTS
4.1 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
4.2 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
5. MAINTENANCE AND SUPPORT
5.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this Licensed Application.
5.2 Proxyman LLC and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
6. USE OF DATA
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
7. TRIAL VERSION
7.1 Scope of Trial Version License: Proxyman LLC grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Licensed Application in trial mode ("Trial Version") for a limited period of fourteen (14) days from the date of installation solely for evaluation purposes and not for any commercial use. The purpose of the Trial Version is to allow You ("End-User") the opportunity to assess the functionality and usefulness of the Licensed Application before making a purchase decision. This Trial Version license may be subject to other restrictions and limitations as specified in this License Agreement or during the download or installation process.
7.2 Functionality: The Trial Version may have limited features and may not include all the functionalities that are available in the full paid version of the Licensed Application. Proxyman LLC reserves the right to determine the features and functionalities that will be available in the Trial Version.
7.3 Trial Period: The use of the Licensed Application in its Trial Version is limited to the trial period specified by Proxyman LLC at the time of download or installation. Upon the expiration of the trial period, the Trial Version may automatically deactivate and cease to operate. In order to continue using the Licensed Application after the trial period, You must purchase a license for the full version of the Licensed Application.
7.4 Data and Content: You acknowledge and agree that any data, information, or content entered into or created with the Trial Version may not be recoverable or accessible after the trial period has expired or once the Trial Version is deactivated. Proxyman LLC is not responsible for any loss, corruption, or inaccessibility of data, information, or content entered into or created with the Trial Version.
7.5 No Warranty: The Trial Version is provided "as is" without any warranty of any kind. Proxyman LLC disclaims all warranties and conditions with regard to the Trial Version, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. Usage of the Trial Version is at Your own risk.
7.6 Conversion to Full Version: If You decide to purchase the full version of the Licensed Application, You may be required to download and install a separate version of the Licensed Application or enter a valid license key to unlock the full functionalities of the Licensed Application. The process for converting from the Trial Version to the full version will be provided by Proxyman LLC at the time of purchase.
By downloading, installing, or using the Trial Version of the Licensed Application, You agree to be bound by the terms and conditions of this License Agreement, including the specific terms related to the Trial Version set forth in this section.
8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Proxyman LLC's sphere of influence that affect the executability of the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after installing it and notify Proxyman LLC about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ninety (90) days after discovery.
9.4 If we confirm that the Licensed Application is defective, Proxyman LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
10. PRODUCT CLAIMS
Proxyman LLC and the End-User acknowledge that Proxyman LLC, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Nghia Tran Vinh 1209 Orange Street Wilmington, DE 19801 United States email@example.com
The license is valid until terminated by Proxyman LLC or by You. Your rights under this license will terminate automatically and without notice from Proxyman LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Proxyman LLC represents and warrants that Proxyman LLC will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Proxyman LLC shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Proxyman LLC.
Proxyman LLC reserves the right to grant licenses to use the Software to third parties.
16. APPLICABLE LAW
This License Agreement is governed by the laws of the State of Delaware excluding its conflicts of law rules.
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.