End User License Agreement

Software license agreement for Lupita

Last updated: January 2025

License Agreement

This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Sassy Dog Software for the Lupita software ("Software"), which includes computer software and may include associated media, printed materials, and online or electronic documentation.

By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software.

1. Grant of License

1.1 Mac App Store Edition

If you obtained the Software from the Mac App Store, your use is governed by the Apple Licensed Application End User License Agreement (EULA), which supplements this EULA. In the event of a conflict, Apple's EULA takes precedence.

Subject to your compliance with this EULA and the App Store Terms of Service, you are granted a limited, non-exclusive, non-transferable license to download, install, and use the Software on Apple-branded products that you own or control.

1.2 Pro Edition (Direct Purchase)

Subject to your compliance with this EULA and payment of applicable license fees, Sassy Dog Software grants you a non-exclusive, non-transferable, perpetual license to install and use the Software on all Macs that you personally own and use. This license is tied to your email address and may not be shared or transferred to others.

2. Scope of License

This license permits you to:

  • Install and use the Software on any Mac you personally own
  • Make backup copies for archival purposes
  • Use the Software for personal or commercial purposes
  • Receive free updates and bug fixes during your license period

This license does NOT permit you to:

  • Use the Software on machines you do not own or control
  • Share your license key with others
  • Redistribute, sell, rent, lease, or sublicense the Software
  • Reverse engineer, decompile, or disassemble the Software
  • Remove or modify any proprietary notices or labels

3. Intellectual Property Rights

The Software is licensed, not sold. Sassy Dog Software retains all right, title, and interest in and to the Software, including all intellectual property rights. This EULA does not grant you any rights to trademarks or service marks of Sassy Dog Software.

All rights not expressly granted in this EULA are reserved by Sassy Dog Software.

4. Updates and Maintenance

Sassy Dog Software may, but is not obligated to, provide updates, upgrades, bug fixes, and support for the Software. When provided:

  • Updates and bug fixes are free for all licensed users
  • Major version upgrades may require additional payment
  • You may choose whether to install updates
  • Updates may modify or remove features

5. Trial Version (Pro Edition)

The Pro edition includes a 14-day trial period with full access to all features. Trial provisions:

  • Trial period begins on first launch
  • No payment information required to start trial
  • After expiration, a valid license key is required for continued use
  • Trial is limited to one per user

THE TRIAL VERSION IS PROVIDED "AS IS" WITHOUT ANY WARRANTY. Sassy Dog Software has no obligation to provide support, maintenance, updates, or bug fixes during the trial period.

6. Termination

This EULA is effective until terminated. Your rights under this EULA will terminate automatically and without notice if you fail to comply with any term of this EULA.

Sassy Dog Software may terminate this EULA if:

  • You violate any terms of this EULA
  • Your license key is shared or used fraudulently
  • A refund is processed for your purchase

Upon termination, you must immediately cease all use of the Software and destroy all copies in your possession.

7. Warranty Disclaimer

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Sassy Dog Software does not warrant that:

  • The Software will meet your requirements
  • The Software will operate uninterrupted or error-free
  • Performance metrics displayed are 100% accurate
  • All defects will be corrected

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SASSY DOG SOFTWARE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE.

In any case, Sassy Dog Software's entire liability under any provision of this EULA shall be limited to the amount actually paid by you for the Software.

9. Export Restrictions

You may not use, export, or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. You agree to comply with all applicable export and re-export control laws and regulations.

10. Governing Law and Jurisdiction

This EULA shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Any disputes arising from this EULA or your use of the Software shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

11. Entire Agreement

This EULA constitutes the entire agreement between you and Sassy Dog Software concerning the Software and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software.

If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

12. Amendments

Sassy Dog Software reserves the right to modify this EULA at any time. Changes will be effective upon posting to our website. Your continued use of the Software after changes are posted constitutes your acceptance of the modified EULA.

Material changes will be communicated to Pro edition users via email.

Contact Information

If you have questions about this license agreement, please contact us:

Email: support@lupita-pro.com

Company: Sassy Dog Software

Last Updated: January 2025

By installing or using Lupita, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions.