This End User License Agreement ("EULA") is a legal agreement between you ("User," "you," or "your") and HopToDesk and Begonia Holding LLC ("Company," "we," "us," or "our") governing your installation and use of the HopToDesk software application, including all associated executables, files, and updates (the "Software").
BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
This EULA applies in addition to our Terms of Service, Terms of Use, and Privacy Policy.
Subject to your compliance with this EULA, the Company grants you a non-exclusive, worldwide, royalty-free, revocable, and non-transferable license to download, install, and use the Software on devices you own or control, for both personal and business purposes, under a fair usage policy. The Software is licensed, not sold, to you.
The Software incorporates open-source components and was originally derived from open-source remote desktop software. Those components are licensed under their respective open-source licenses, and the corresponding source code is made available through the project's public repository. To the extent any open-source license grants you rights that conflict with this EULA, the open-source license governs with respect to that component. Nothing in this EULA is intended to limit, supersede, or restrict any rights you have under an applicable open-source license.
Except as expressly permitted by this EULA, by an applicable open-source license, or by applicable law, you agree that you will not:
The HopToDesk name, logo, branding, and all proprietary portions of the Software and related materials are and remain the property of Begonia Holding LLC and its licensors. Except for the limited license expressly granted in this EULA and any rights granted under applicable open-source licenses, no right, title, or interest in the Software is transferred to you.
The Software may automatically download and install updates, upgrades, or new versions from time to time to improve performance, security, and functionality. Such updates are provided to maintain and enhance the Software and are governed by this EULA unless accompanied by separate terms.
The Software may include third-party libraries and components that are subject to their own license terms. You agree to comply with any applicable third-party license terms when using the Software.
This EULA is effective until terminated. You may terminate it at any time by ceasing all use of the Software and uninstalling it from your devices. The Company may terminate this EULA and the license granted herein if you breach any of its terms. Upon termination, you must stop using the Software and remove all copies in your possession. Sections relating to ownership, restrictions, disclaimers, limitation of liability, and governing law survive termination.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to comply with all applicable export and re-export control laws and regulations. You represent that you are not located in, and will not use the Software in, any country or region subject to a comprehensive embargo, and that you are not a party with whom dealings are prohibited under applicable law.
This EULA shall be governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law provisions. Any disputes arising from this EULA or the Software shall be subject to the exclusive jurisdiction of the courts of Wyoming, USA.
This EULA, together with the Terms of Service, Terms of Use, and Privacy Policy, constitutes the entire agreement between you and the Company concerning the Software and supersedes all prior agreements and understandings. If any provision is found to be unenforceable, it shall be limited or eliminated to the minimum extent necessary so that the remainder of this EULA remains in full force and effect.
If you have any questions about this EULA, please contact us through our contact form.