Master Packager Suite End-User License Agreement (EULA)

IMPORTANT: READ CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE.

This End-User License Agreement (“Agreement”) is a legal agreement between you (either an individual or a single legal entity) (“Licensee”, “You”) and Master Packager Ltd., a company registered in the Republic of Latvia (“Licensor”, “Master Packager”, “We”).

By downloading, installing, accessing, or otherwise using the Master Packager Suite software (“Software”), you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Software.

1. Grant of License

Subject to the terms and conditions of this Agreement and payment of the applicable license fees, Master Packager grants you a non-exclusive, non-transferable (except as provided herein), limited license to install and use the Software.

For clarity, this Agreement grants only a right to use the Software and does not transfer any ownership rights in the Software.

1.1 License Editions and Models

In this Agreement, “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the Licensee (e.g., parent, sister, and daughter companies), where “control” means ownership of more than fifty percent (50%) of the voting interests.

Licensee accepts this Agreement on behalf of itself and its Affiliates that use the Software, and is responsible for compliance by its Affiliates with the terms of this Agreement. Any act or omission by an Affiliate that would constitute a breach if performed by Licensee is deemed a breach by Licensee.

“Third Party” means any individual, corporation, or entity other than the Licensor, the Licensee, and the Licensee’s Affiliates.

The Software is available in the following editions:

Free Editions

Community Edition: Grants a free license for personal or commercial use, subject to limited functionality and the data collection terms in Section 5.
Trial License: Grants a 30-day right to use the Software for evaluation purposes only, so that You can determine whether the Software meets your requirements before purchasing a Commercial License. You may not use the Trial License for commercial production purposes.

Commercial Licenses

The following editions require the payment of a fee and are referred to in this Agreement as “Commercial Licenses”:

Pro License: Grants rights to use the Software solely for the internal business purposes of the Licensee and its Affiliates. For clarity, the Pro License may be used within the Licensee’s entire corporate group (including all parent and daughter companies) and may not be used to provide packaging services to external clients, customers, or any other third parties outside of the Licensee’s corporate group.
Service Provider License: Grants rights to use the Software for the internal business purposes of the Licensee and its Affiliates, and for providing packaging services to third-party clients.

License Models for Commercial Licenses

Perpetual: Grants the right to use a specific version of the Software indefinitely. Maintenance (updates and support) is included for the applicable Maintenance Period described in Section 3.1.
Subscription: Grants the right to use the Software only during the active subscription period. After the subscription period ends, the license granted herein terminates automatically, the Software will no longer function, and the Licensee is no longer permitted to use it.

1.1.1 Scope Clarification - No Product Integration Rights

For clarity, no license granted under this Agreement (including Community Edition, Trial License, Pro License, and Service Provider License) grants any right to embed, integrate, bundle, incorporate, link to, call, expose, white-label, or otherwise include the Software in any software product, platform, hosted service, managed service, API service, SDK, toolkit, or other commercial offering distributed, licensed, sold, leased, provided, or made available by Licensee or any third party.

The Service Provider License permits Licensee to use the Software as an internal production tool to perform manual packaging services for third-party clients. It does not grant OEM (original equipment manufacturer), reseller, redistribution, sublicensing, or productization rights in relation to the Software itself.

1.2 License Scope

Named User License: Each Commercial License is granted on a “Named User” basis, meaning it is assigned to a single, specific individual (“Authorized User”).
Seat Count: You must purchase a separate license for each individual who uses the Software. For example, if you have four (4) employees who use the Software, you must purchase four (4) licenses.
Unlimited Devices: An Authorized User may install and use the Software on an unlimited number of devices (e.g., workstation, laptop, virtual machine), provided that the Software is used exclusively by that Authorized User.
No Sharing: A license may not be shared, pooled, or used concurrently by different individuals.

1.3 Transfer

You may ask Master Packager to transfer a Perpetual or Subscription license to another individual within your organization, free of charge, for a genuine reassignment of the license (such as when an employee leaves or changes roles). This is permitted provided the original user completely removes the Software and no longer uses it. License transfers may not be used for frequent, recurring, or back-and-forth reassignments between multiple individuals, including shift-based or rotating use.

2. Restrictions

You shall not, and shall not permit any third party to:

Reverse Engineer: Decompile, disassemble, or reverse engineer the Software, except to the extent expressly permitted by applicable law.
Circumvent: Bypass any technical limitations or license validation mechanisms in the Software.
Rent/Lease: Rent, lease, lend, sell, redistribute, or sublicense the Software to any third party.
Benchmarking: Publish or disclose the results of benchmark tests or other performance comparisons of the Software to third parties in a manner that is inaccurate, unfair, misleading, or lacking sufficient information about the test environment, methodology, configuration, or Software version to allow proper understanding of the results. Upon Licensor’s written request, Licensee will promptly correct any material inaccuracy in such disclosure.
Derivative Works: Modify, translate, or create derivative works based on the Software.
Malicious or Unlawful Use: Use the Software to develop, package, distribute, or facilitate malware, ransomware, spyware, destructive code, unauthorized access tools, or other software intended to harm, exploit, disrupt, or unlawfully obtain access to any person, organization, system, device, or data. For clarity, this restriction does not prohibit lawful internal security testing or other legitimate authorized activities carried out with proper authorization.
No Product Integration / OEM / Service Embedding: Use the Software, directly or indirectly, as a component of, or integrated with, any commercial software product, platform, hosted service, managed service, API service, SDK, toolkit, or similar offering made available to third parties, including by embedding, bundling, linking, exposing functionality, white-labeling, sublicensing, or redistributing the Software.

3. Maintenance and Support

3.1 Maintenance for Perpetual Licenses

Maintenance Period: Each Perpetual License includes active Maintenance (product updates and technical support) for the period specified in the applicable license file or, if not specified there, in the applicable quote, order, invoice, or other purchasing document (“Maintenance Period”). Unless otherwise expressly agreed in writing, the default Maintenance Period is twelve (12) months. The Maintenance Period begins on the date the license is issued, or on another start date specified in the applicable license file or other applicable purchasing document, which may be earlier than the date of purchase.
Post-Maintenance Rights: Upon expiration of the Maintenance Period, you may continue to use the specific version of the Software released during your active Maintenance Period indefinitely (“Perpetual Use”). However, you will not have access to new versions, updates, or technical support released after the Maintenance Period expires.
Renewal: You may renew the Maintenance Period for an additional term specified in the applicable renewal quote, order, invoice, or other purchasing document, by paying the applicable renewal fee.
Grace Period: You have a 30-day grace period after the Maintenance Period expires to purchase a renewal at the renewal price.
Lapse: If Maintenance is not renewed within the 30-day grace period, you may still reinstate Maintenance later by paying the then-current reinstatement or renewal fee specified by Master Packager. Reinstatement restores access to updates and support prospectively from the reinstatement date and does not require the purchase of a new Perpetual License unless expressly stated in the applicable quote or order.
Maintenance-Only Features: Certain features of the Software (“Online Features” or “Maintenance-Only Features”) may require an active Maintenance Period or Subscription to function. If your Maintenance Period or Subscription expires, access to these specific features will be disabled until you renew. The core packaging functionality of the Perpetual License will remain available.

3.2 Support

Commercial Licenses: Licensees holding a Commercial License with an active Maintenance Period or Subscription term are entitled to technical support. Master Packager will use commercially reasonable efforts to respond to support requests within two (2) business days. Support is provided via email at info@masterpackager.com during standard business hours (09:00 – 17:00 EET) on business days in the Republic of Latvia (excluding national holidays).
Free Editions: Master Packager does not guarantee technical support for the Community Edition or Trial License. While Master Packager may, at its sole discretion, choose to review and respond to support inquiries for free editions, it is under no contractual obligation to provide assistance or to adhere to any specific response times.

4. Intellectual Property

4.1 IP Indemnity. Master Packager represents that, to its knowledge, the Software does not infringe any third-party copyright, trademark, or patent rights. If a third party claims that Licensee’s authorized use of the unmodified, current version of the Software infringes such rights, Master Packager may, at its option and expense: (a) modify or replace the Software so that it becomes non-infringing, (b) procure for Licensee the right to continue using it, or © terminate Licensee’s right to use the affected Software and refund the license fees actually paid for it, subject to the liability cap set forth in Section 7.2.

4.2 Conditions. Section 4.1 applies only if Licensee (a) promptly notifies Master Packager in writing of the claim, (b) gives Master Packager sole control of the defense and settlement, and © provides reasonable cooperation. Master Packager has no obligation to reimburse Licensee’s attorneys’ fees, expert fees, or other expenses unless agreed in writing in advance. Master Packager may not settle any claim in a manner that admits fault on behalf of Licensee or imposes any payment or material non-monetary obligation on Licensee without Licensee’s prior written consent.

4.3 Exclusions. Master Packager has no obligation under this Section to the extent a claim arises from: (a) modification of the Software not made by or on behalf of Master Packager, (b) combination or use of the Software with products, services, or content not provided by Master Packager, where the claim would have been avoided without such combination or use, © use of a superseded or altered version where the claim would have been avoided by the current unaltered version, (d) use outside the scope of this Agreement or the applicable documentation, (e) content provided by Licensee or a third party on Licensee’s behalf, or (f) third-party or open-source components, except to the extent Master Packager modified that component.

4.4 Exclusive Remedy. This Section 4 states Master Packager’s sole liability, and Licensee’s exclusive remedy, for any IP infringement or misappropriation claim relating to the Software, subject to the limitations in Section 7.

4.5 Open-Source Components. The Software may include third-party open-source components, each subject to its own applicable license terms. A list of such components and their applicable licenses is available in the Software’s documentation or installation directory. To the extent any open-source license requires it, the applicable open-source license terms will prevail over this Agreement solely with respect to that component. If any materials generated through authorized use of the Software incorporate third-party or open-source components, those components remain subject to their applicable license terms.

4.6 Output. “Output” means any files, packages, scripts, configuration artifacts, reports, and other materials generated by Licensee through authorized use of the Software, excluding the Software itself and any Master Packager materials included in or distributed with the Software.

4.7 No Claim to Licensee Output. Master Packager does not claim ownership of Output generated by Licensee through authorized use of the Software. Except as necessary to provide the Software and related support services under this Agreement, Master Packager receives no license or other right to use such Output.

5. Connectivity, Privacy, and Data

5.1 Privacy Policy

All data collection is subject to the Master Packager Privacy Policy, available at https://www.masterpackager.com/privacy-policy, which is incorporated by reference. The Privacy Policy describes the categories of data for which Master Packager acts as controller, including website, billing, payment, newsletter, and other business-operation data.

5.2 License Validation

You agree that the Software may automatically contact Master Packager servers to send essential license and device data to verify compliance with this Agreement. For a complete list of the specific data collected for this purpose, please refer to our Privacy Policy at https://www.masterpackager.com/privacy-policy.

This data is mandatory for the operation of the Software and cannot be disabled.

Exception for Commercial Licenses: Commercial Licenses support Offline Activation and offline functionality without requiring an active internet connection. However, please note that any specific features within the Software that inherently require internet access will not function while the Software is offline.

5.3 Usage Telemetry

Master Packager collects anonymous usage telemetry by default solely for product improvement purposes. This telemetry is optional, is not required for the Software to function, and may be disabled by any Licensee or Authorized User at any time.

For full details regarding the categories of telemetry data collected, the purposes of processing, and your rights, please refer to the Privacy Policy.

6. Warranty, Remedies, and Refund Policy

6.1 Pre-Purchase Evaluation

The Software is available as a free Trial License (30 days) and as a Community Edition so that prospective licensees can evaluate whether the Software meets their needs before purchasing a Commercial License. Master Packager strongly encourages all prospective licensees to take advantage of these free evaluation options prior to purchase. By purchasing a Commercial License, Licensee acknowledges that it has had a reasonable opportunity to evaluate the Software and that the Software substantially met Licensee’s requirements at the time of purchase, and that the purchase decision was not based on any future feature, update, or enhancement.

6.2 Version Continuity

If a newer version of the Software introduces a material defect or regression that was not present in the version available at the time of Licensee’s purchase or most recent renewal, Licensee may at any time revert to and continue using any prior version of the Software that was released during Licensee’s active Maintenance Period or Subscription term. Master Packager will use commercially reasonable efforts to address confirmed defects in subsequent updates. Availability of the Version Continuity right shall be taken into account when assessing the reasonableness of any refund request under Section 6.5.

6.3 Limited Warranty (Commercial Licenses Only)

Master Packager warrants that, during the active Maintenance Period or Subscription term, the Software will substantially conform to its published documentation in all material respects. If the Software fails to so conform, Licensee must notify Master Packager in writing with reasonable detail of the non-conformity. Master Packager will then, as Licensee’s sole and exclusive remedy under this warranty:

(a) use commercially reasonable efforts to correct the non-conformity in a subsequent update or patch, or

(b) provide a commercially reasonable workaround.

If Master Packager is unable to correct or work around a material non-conformity within 45 days of receiving Licensee’s written notice, Licensee may terminate the affected license and receive a pro-rata refund of prepaid fees for the unused portion of the Maintenance Period or Subscription term.

This warranty does not apply to: (i) the Community Edition or Trial License, (ii) any version of the Software that has been modified by anyone other than Master Packager, (iii) any non-conformity caused by use of the Software outside its documented specifications, or (iv) any version of the Software that is not the current release or the immediately prior release, unless no remedy is available through the Version Continuity right under Section 6.2.

6.4 Software Integrity Commitment

For Commercial Licenses, Master Packager warrants that, at the time of release, it uses commercially reasonable measures to scan production release versions of the Software for malware, viruses, and other intentionally malicious code, and does not knowingly distribute the Software with such malicious code.

6.5 Refund Policy

(a) No Refund Scenarios. No refund is available where:

The Software operates substantially as it did during the evaluation period described in Section 6.1
The request is based on features, functionality, or fitness for a particular purpose that could have been evaluated during the Trial
A newer version of the Software introduces a defect, provided that a prior working version remains available to Licensee under Section 6.2
Licensee’s requirements or preferences have changed after purchase
The request relates to compatibility with third-party software, hardware, or environments not specified in the Software’s system requirements documentation

(b) Sole Refund Remedy. The sole refund remedy for a qualifying non-conformity is the process described in Section 6.3. No other refund obligation exists under this Agreement.

6.6 General Disclaimer

EXCEPT FOR THE LIMITED WARRANTY IN SECTION 6.3 AND THE SOFTWARE INTEGRITY COMMITMENT IN SECTION 6.4, THE SOFTWARE IS PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MASTER PACKAGER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM THE SOFTWARE. MASTER PACKAGER DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES.

7. Limitation of Liability

7.1 Indirect Damages: IN NO EVENT SHALL MASTER PACKAGER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT OR TORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 Liability Cap: MASTER PACKAGER’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF LICENSE FEES PAID BY YOU FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8. Termination

8.1 Termination by Licensee

Licensee may terminate this Agreement at any time by ceasing use of the Software and, if requested by Master Packager, certifying deletion of any copies that Licensee is no longer entitled to use.

8.2 Termination by Master Packager

Master Packager may terminate this Agreement or the affected license if Licensee materially breaches this Agreement and fails to cure that breach within thirty (30) days after written notice, except that no cure period is required for breaches of Section 2 (Restrictions) or other breaches that are not reasonably capable of cure.

8.3 Effect of Expiration or Termination

Upon expiration of a Subscription, Licensee’s rights to use the Subscription Software end automatically unless renewed. Upon termination of this Agreement, Licensee must cease use of the affected Software, except for any perpetual use rights expressly granted under this Agreement for Software versions validly licensed during an active Maintenance Period.

8.4 Survival

Any provisions which by their nature should survive termination or expiration of this Agreement will survive, including provisions relating to payment obligations accrued before termination, restrictions, intellectual property, confidentiality, warranty disclaimers, limitation of liability, and dispute resolution.

9. Governing Law and Dispute Resolution

9.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Latvia, without regard to its conflict of laws principles.

9.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be submitted to the exclusive jurisdiction of the state courts of the Republic of Latvia located in Riga.

10. General Provisions

10.1 Confidentiality. Each party may share the other party’s confidential information with its employees, contractors, professional advisers, service providers, and business partners who have a need to know the information for providing the Software, support, or related business operations and who are bound by non-disclosure agreements or equivalent confidentiality obligations no less protective than the terms of this Agreement. Master Packager will not publicly disclose Licensee’s non-public confidential information, customer-specific commercial terms, or identify Licensee publicly as a customer without Licensee’s prior written approval, except where disclosure is required by law or competent authority.

10.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Software and supersedes all prior or contemporaneous agreements, proposals, representations, and understandings, whether oral or written, relating to the Software. Any terms or conditions contained in a purchase order, requisition, or other purchasing document that conflict with, add to, or modify the terms of this Agreement are expressly rejected and shall have no effect. All Licensees, including government entities, acquire the Software solely under the terms of this Agreement. No additional or different rights are implied or granted based on the Licensee’s status, internal policies, or procurement processes. This Agreement may only be amended or superseded by a written instrument signed by an authorized representative of each party. In the event of a conflict between this Agreement and such a signed instrument, the signed instrument shall prevail to the extent of the conflict. For clarity, Section 10.5 (Updates) governs the application of updated terms to newer versions of the Software and is not subject to the mutual-signature requirement in this Section 10.2.

10.3 Severability. If any provision of this Agreement is held to be invalid, the remaining provisions shall remain in full force and effect.

10.4 Waiver. A waiver of any breach of this Agreement is not a waiver of any other breach.

10.5 Updates. Master Packager may update this Agreement from time to time. Updated terms apply to newer versions of the Software released after the update. By installing or using a newer version, Licensee accepts the version of this Agreement that accompanies it. If Licensee does not agree to the updated terms, Licensee may decline by not installing the newer version and continuing to use the previously licensed version under the terms that were in effect for that release.

10.6 Force Majeure. Neither party shall be liable for any delay or failure to perform its obligations (other than payment obligations) due to causes beyond its reasonable control, including natural disasters, pandemics, war, or terrorism.

10.7 Assignment. Licensee may not assign or transfer this Agreement or any rights or obligations under it without Master Packager’s prior written consent. Master Packager may assign this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. In the event of any such assignment by Master Packager, all existing customer licenses shall remain in full force and effect, and the applicable End User License Agreement under which each customer is operating shall continue to govern on the same terms and conditions as previously agreed. No assignment shall adversely impact existing customers who are operating under their current EULA. Any attempted assignment in violation of this provision is void. Subject to the foregoing, this Agreement binds and inures to the benefit of each party’s permitted successors and assigns.

10.8 Export Control. The Software may be subject to export control and sanctions laws of the European Union, the United States, and other jurisdictions. Licensee agrees not to export, re-export, or otherwise transfer the Software in violation of any applicable export control or sanctions laws or regulations.

10.9 Notices. All notices required or permitted under this Agreement must be in writing and sent by email. Notices to Master Packager must be sent to info@masterpackager.com. Notices to Licensee will be sent to the email address associated with Licensee’s account. A notice is deemed received on the business day it is sent if sent during the recipient’s business hours, or on the next business day otherwise.

10.10 No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties and their permitted successors and assigns. Nothing in this Agreement confers any rights on any third party.

Master Packager Ltd.

Registration Number: 40203164223

Address: Gustava Zemgala gatve 80 - 57A, Riga, LV-1039, Latvia

Email: info@masterpackager.com