Last Updated: May 22, 2023
This Agreement is a legal agreement for the licensed use of the Kaleidoscope application (“Kaleidoscope”) between you, either an individual or as an authorized representative of a legal entity (“you”) and Leitmotif GmbH, a limited liability company established and existing under the laws of Austria (“Leitmotif”). By downloading, installing, copying or otherwise using all or any portion of Kaleidoscope you agree to be bound by the terms and conditions of this Agreement. If you do not agree to this Agreement, you are not authorized or licensed to use Kaleidoscope.
Kaleidoscope, together with all materials included in or distributed through it, is licensed, not sold, to you by Leitmotif. Leitmotif reserves all rights not expressly granted to you within this Agreement.
Subject to the terms and conditions of this Agreement and your payment of the required license fee, Leitmotif grants to you a limited, non-exclusive, non-transferable (except as expressly permitted in this Agreement) right and license (during the term of this Agreement to install, activate, and use this version of Kaleidoscope for your personal use or internal business purposes (“License”) either (a) as one installed instance of Kaleidoscope on one device, or (b) installed on up to three (3) different devices for your use on no more than one device at a time. This License does not allow multiple users to use Kaleidoscope on multiple computers unless a separate license has been purchased for each user. This License will apply to all updates to the application, if any, made generally available by Leitmotif without charge, provided, however, that upon downloading and installing an update to the Kaleidoscope application, your right to use prior versions of Kaleidoscope will terminate and earlier versions may no longer be used. This License will remain in effect unless and until this Agreement is either terminated according to its terms or superseded by a new agreement between the parties.
Leitmotif GmbH reserves the right to change the terms of this Agreement in any future release of Kaleidoscope. If you do not agree to accept the changes made in the Agreement, you may not use the new release of Kaleidoscope but your License under this Agreement to your existing version of Kaleidoscope will not be affected.
Unless you are in the Trial period or using a NFR License, access to Kaleidoscope requires the purchase of a subscription. Our pricing, details about the different plans, and the limits and available features and services associated with each plan, are available at cloud.kaleidoscope.app/store.
If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
You may change your subscription at any time by initiating a change through your account settings
We will immediately bill you when you upgrade to any paid plan. If you upgrade to a higher plan, we will bill you for the upgraded plan immediately.
All plans are billed in advance on a monthly or yearly basis, depending on plan. There will be no refunds. However, you will receive a credit note for the remaining time of your current billing period. This credit note will be prorated with your next payment and reduce this future billing amount accordingly.
When you purchase a Subscription (such purchase, a “Transaction”) you expressly authorize us (or our third party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including, without limitation, your credit card number, the expiration date of your credit card, and your address(es) for billing (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to our third party service providers so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
If you purchase a Subscription, you will be charged the then-applicable Subscription fee (“Subscription Fee”) at the beginning of your Subscription and each billing period thereafter, depending on the term of your Subscription, at the then-current rate. Subscription Fees are outlined at cloud.kaleidoscope.app/store. Please note that our Subscription Fees are subject to change, although we will notify you before we effect any change in Subscription Fees.
By agreeing to these Terms and purchasing a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Leitmotif. We (or our third party payment processor) will automatically charge you in accordance with the term of your Subscription (e.g., each year), on the calendar day corresponding to the commencement of your Subscription, using the Payment Information you have provided. In the event your Subscription began on a day not contained in a given month, your payment method will be charged on a day in the applicable month or such other day as we deem appropriate. We may also periodically authorize your payment method in anticipation of applicable fees or related charges. Your Subscription continues until canceled by you or we terminate your access to or use of the Services or the Subscription in accordance with these Terms.
You may cancel your Subscription at any time but please note that such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can either (i) email us at email@example.com and follow any instructions, if any, we provide to you in response to your cancellation request, or (ii) initiate a cancellation through your Account settings within the Services. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, we will allow you to use Kaleidoscope with the account associated with such Subscription until the most recently paid-up Subscription period ends.
Copyright and other intellectual, industrial and/or proprietary rights in Kaleidoscope are owned by Leitmotif or its licensors. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of Kaleidoscope except where explicitly allowed in the terms of this Agreement or as allowed by applicable law without Leitmotif's consent. You agree not to remove any label indicating that Kaleidoscope is the subject of copyright and other intellectual, or proprietary rights of Leitmotif and/or third parties. You may not redistribute or sublicense Kaleidoscope or any part thereof.
Fees may apply for additional services and products offered by Leitmotif and others, including, but not limited to, services that integrate with Kaleidoscope or extend the functionality of Kaleidoscope.
If you or anyone in your family has experienced symptoms linked to an epileptic condition (e.g. a seizure or loss of awareness), immediately consult your physician before using Kaleidoscope. If you experience dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, and/or convulsions, stop using Kaleidoscope immediately and consult your physician.
Leitmotif warrants to you that during the first ninety (90) days following your initial download of a licensed version of Kaleidoscope (the “Warranty Period”), it will operate in substantial compliance with the documentation Leitmotif provides with Kaleidoscope when used on devices meeting the specified minimum system requirements. As your sole and exclusive remedy for any breach of this limited warranty that you report to Opener during the Warranty Period, Leitmotif will, at its option, either (i) provide an update that corrects any reported non-compliance or provides a reasonable work-around, or (ii) refund to you the purchase price paid for the Kaleidoscope license.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, Leitmotif MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, REGARDING KALEIDOSCOPE AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. Y
To the maximum extent permitted by applicable law, YOU AGREE THAT Leitmotif WILL NOT BE liable to you or to any third party for any compensatory, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING LOST PROFITS, LOST DATA OR DOWNTIME COSTS), ARISING OUT OF THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY, AND WHETHER OR NOT FORESEEABLE, AND WHETHER OR NOT ANY LIMITATION SHALL FAIL OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE TOTAL LIABILITY OF Leitmotif to you ARISING OUT OF or related to THIS AGREEMENT EXCEED THE TOTAL purchase price you paid under this agreement. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations in herein which are lawful in your jurisdiction will apply to you and Leitmotif's liability will be limited to the maximum extent permitted by law.
This section is not applicable under the App Store License terms.
Leitmotif may render this Agreement null and void if it finds that the personal information you submitted during online activation or when buying Kaleidoscope is incorrect, inaccurate or outdated. It is your sole responsibility to keep Leitmotif informed of any changes in your personal information. To do so, contact Leitmotif through the appropriate sections of www.kaleidoscope.app or, where possible, from within Kaleidoscope itself. Leitmotif GmbH may require you to verify any changes to personal information.
Leitmotif GmbH may use your personal information to validate your personal license rights, to contact you with information related to Kaleidoscope and, if you acquired your Kaleidoscope license through a reseller, to communicate with said reseller regarding your purchase. Leitmotif GmbH may share your information with its licensors within reason.
This article is not applicable under the App Store License terms.
The Kaleidoscope Software requires online activation. If you do not activate your copy of Kaleidoscope, all of or part of the functionality of your copy of Kaleidoscope will disable automatically 30 days after you first run it. Leitmotif may at its sole discretion decide to adjust the exact technical conditions under which Kaleidoscope copies that have not been activated cease to work.
You are required to submit personal information during online activation. You need an active, functional internet connection to activate your copy of Kaleidoscope. Your licensed use of Kaleidoscope is bound to the device(s) you used to complete activation. You may need to reactivate your copy of Kaleidoscope after replacing the logic board or otherwise changing the hardware configuration of your computer or device. You may need to contact Leitmotif to complete reactivation.
Kaleidoscope may make use of third-party software. Notwithstanding the foregoing, use of some third party materials included in Kaleidoscope Software may be subject to other terms and conditions. The official copyright notices and specific license conditions of this third-party software are to be found via the “About” window of Kaleidoscope or can be emailed to you upon request. You hereby agree to the terms and conditions for such third-party software.
This Agreement is effective until terminated by you for any reason upon notice to Leitmotif, or until termination by Leitmotif for a material breach of the terms and conditions of this Agreement on your part. Upon any termination of this Agreement, you must cease all use of Kaleidoscope and delete all copies of Kaleidoscope that are in your possession.
This Agreement is the entire agreement between you and Leitmotif relating to Kaleidoscope and supersedes all prior oral or written communications and representations with respect to licensed use of Kaleidoscope or any other subject matter covered by this Agreement.
If any of the provisions of this Agreement is held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.
You agree not to export, reexport or use Kaleidoscope except as explicitly authorized by United States law and the laws of the jurisdiction in which you obtained your Kaleidoscope License. If you use Kaleidoscope in the United States, you may not export or re-export Kaleidoscope to any U.S. embargoed country or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or U.S. Department of Commerce's Denied Persons List or Entity List. By using Kaleidoscope, 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 Kaleidoscope for any purposes prohibited by applicable law.
The Licensed Software is commercial computer software as described in DFARS 252.227-7014(a) (1) and FAR 2.101. If acquired by or on behalf of any the Department of Defense or any component thereof, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in DFARS 227.7202-3, Rights in Commercial Computer Software or Commercial Computer Software Documentation, as applicable. If acquired by or on behalf of any civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in FAR 12.212, Computer Software.
Neither party may assign any of its rights under this Agreement without the other party's prior written consent, provided that Leitmotif may assign this Agreement in whole to an affiliate or other entity acquiring all or substantially all of the Leitmotif's business or of the Kaleidoscope application, provided that such entity expressly assumes the assigning party's obligations under this Agreement. This Agreement will be binding upon successors and assigns.
This Agreement is governed by Austrian law. The parties disclaim the application of the UN Convention on Contracts for the International Sale of Goods. You agree that Leitmotif GmbH, at its sole discretion, may elect to bring legal action regarding any dispute arising from or in connection with this Agreement before the courts of Klagenfurt, the Austria, or in any court in any country which may have jurisdiction and you herewith irrevocably and unconditionally submit to the exclusive jurisdiction of the courts chosen by Leitmotif.
If you have any questions concerning this Agreement or need to contact us, please contact Leitmotif through the appropriate sections of www.kaleidoscope.app or send us an email at firstname.lastname@example.org.