End User License Agreement

This End User License Agreement (the “Agreement”) is between you and Hunter Works Software (“we”, “us”), an independent software business operating in Australia, and covers the Binocular desktop software (the “Software”). By installing or using the Software you agree to this Agreement. If you are accepting on behalf of a company, you confirm you have authority to bind it.

1. License grant

Subject to payment of the applicable fee, we grant you a non-exclusive, non-transferable, perpetual license to install and use the Software according to the edition you purchased:

• Personal — one named individual, for personal, non-commercial use, on every computer that person personally uses.
• Business — one named individual, for commercial use, on every computer that person personally uses. Seats may not be shared between people; buy one seat per user.
• Site — any number of users at the single physical location named at purchase.
• Enterprise — any number of users across the purchasing organization, at all locations.

“Perpetual” means the license itself never expires: you may keep using every version released during your update period for as long as you like.

2. Free trial

We provide a free, fully-featured trial for a limited evaluation period. Continued use of the Software after the trial period requires a paid license. The trial may not be reset, extended, or circumvented.

3. Updates

Each license includes access to new releases for one year from purchase. After that you may optionally renew update access; if you do not, the Software and every version released during your update period keep working — nothing is disabled.

4. Restrictions

Except as permitted by law, you may not:

• resell, rent, lease, sublicense, or otherwise redistribute the Software or your license key;
• share one per-user license between multiple people, or use a Personal license for commercial work;
• reverse engineer, decompile, or disassemble the Software, except to the extent this restriction is prohibited by applicable law;
• remove or alter proprietary notices, or work around license enforcement or trial limits.

The Software is an analysis tool. You are responsible for ensuring you have the right to open and analyze the files you inspect with it.

5. Ownership

The Software is licensed, not sold. We retain all right, title, and interest in and to the Software, including all intellectual property rights.

6. Your data and privacy

The Software analyzes files locally on your machine. The contents of files you open are not transmitted to us or to any third party. See our Privacy Policy for details of the limited information we handle when you buy a license or contact us.

7. Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded.

8. Warranty

Subject to section 7, and to the maximum extent permitted by law, the Software is provided “as is” and we disclaim all other warranties, express or implied. We do not warrant that the Software will be error-free or that its output is suitable for any particular purpose — verify results independently where the outcome matters.

9. Liability

Subject to section 7, and to the maximum extent permitted by law: our total liability arising out of or relating to the Software is limited to the amount you paid for your license; and we are not liable for indirect or consequential loss, loss of profits, or loss of data. Where legislation implies a guarantee that cannot be excluded but liability can be limited, our liability is limited to resupplying the Software or paying the cost of resupply.

10. Termination

This Agreement terminates automatically if you materially breach it and do not remedy the breach within 14 days of notice. On termination you must stop using the Software and destroy your copies. Sections 5, 7, 8, and 9 survive termination.

11. General

This Agreement is governed by the laws of New South Wales, Australia, and the courts of that state have non-exclusive jurisdiction. If any part of this Agreement is found unenforceable, the rest remains in effect. This is the entire agreement between us regarding the Software.

12. Contact

Questions about this Agreement: hello@hunterworks.software.