End-User License Agreement (EULA)

• Company: BALKAN App
• Product: BALKAN FamilyTree JS 2
• Product website: https://balkan.app/FamilyTreeJS2

Effective Date: April 1, 2025

PLEASE READ THIS END-USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE BALKAN FAMILY TREE JS 2. BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.

This EULA is a legal agreement between Licensee and BALKAN App for the Software, which includes the JavaScript library, associated media, printed materials, "online" or electronic documentation, Export Server component (if applicable), Source Code (if provided under the applicable license), and any updates or support services provided by Licensor (collectively, the "Software").

1. DEFINITIONS

• Software: Refers to the BALKAN Family Tree JS 2 JavaScript library, its components, Source Code (if provided), documentation, Export Server, and any updates provided by Licensor.
• Website: A collection of related web pages, including multimedia content, typically identified with a common domain name or subdomain, and published on at least one web server.
• Internet Website: A Website accessible via the public internet.
• Intranet Website: A private network Website, accessible only to an organization's staff or authorized members.
• Domain: A unique name that identifies an Internet or Intranet Website (e.g., example.com).
• Subdomain: A domain that is part of a larger domain (e.g., app.example.com).
• Authorized Website: A specific Internet or Intranet Website domain or subdomain explicitly permitted under the terms of the purchased License Tier.
• SaaS (Software as a Service): A software distribution model in which a provider hosts applications and makes them available to customers over the Internet. For the purposes of this EULA, refers to a service hosted and operated by the Licensee utilizing the Software.
• Export Server: A component provided by Licensor enabling server-side exporting functionalities for the Software, intended for on-premises deployment by the Licensee.
• Source Code: The human-readable form of the Software's programming code.
• OEM (Original Equipment Manufacturer) Product: Hardware and/or software solutions developed by the Licensee, designed to be hosted or operated by Licensee's clients, into which the Software is bundled or integrated.
• License Tier: Refers to the specific license type purchased or acquired by the Licensee (e.g., Free Trial, Professional, Premium, Enterprise/OEM).
• Term: The duration for which the license rights are granted, as specified for each License Tier.

2. LICENSE GRANTS

Subject to the terms and conditions of this EULA and timely payment of all applicable fees (except for the Free Trial License), Licensor grants Licensee a non-exclusive, non-transferable (except as expressly permitted herein), limited license to use the Software solely according to the purchased or acquired License Tier as follows:

a) FREE Trial License:

• Grant: Licensor grants Licensee the right to install and use the Software solely for internal evaluation and non-commercial testing purposes.
• Term: Thirty (30) consecutive days from the date of download or first use ("Trial Period").
• Scope: Use is limited to non-production environments for evaluation only. Commercial use, deployment, redistribution, or use in any publicly accessible application is strictly prohibited.
• Credit Card: No credit card is required.
• Support: No formal support obligations from Licensor under this tier. Support will be provided at Licensor's sole discretion.
• Expiration: Upon expiry of the Trial Period, Licensee will not be albe to use the product, unless a paid license (Professional, Premium, or Enterprise/OEM) is purchased.

b) PROFESSIONAL License:

• Grant: Licensor grants Licensee the right to install and use the Software on one (1) single Authorized Internet or Intranet Website domain or subdomain.
• Export Server: Includes the right to deploy and use the Export Server on-premises solely in conjunction with the single Authorized Website.
• Term: Annual subscription term, commencing on the date of purchase and renewing automatically upon payment of the annual fee, unless terminated earlier according to this EULA.
• Restrictions: Use on more than one website domain/subdomain is prohibited. Redistribution or use in SaaS applications offered to third parties is prohibited. Source Code is not included. Internet access is required for activation and potentially for ongoing use or updates.

c) PREMIUM License:

• Grant: Licensor grants Licensee the right to install and use the Software on unlimited Authorized Internet or Intranet Website domains or subdomains owned or operated directly by the Licensee. This includes the right to use the Software within a SaaS application hosted and operated directly by the Licensee.
• Export Server: Includes the right to deploy and use the Export Server on-premises in conjunction with the authorized uses.
• Source Code: Includes access to the Software's Source Code. Use of the Source Code is strictly limited to internal development, debugging, and customization related to the authorized uses under this Premium License.
• Term: Annual subscription term, commencing on the date of purchase and renewing automatically upon payment of the annual fee, unless terminated earlier according to this EULA.
• Restrictions: Redistribution of the Software (in object or Source Code form) as a standalone product or library is prohibited. Source Code may not be shared with third parties or used for purposes other than those directly related to Licensee's authorized use of the Software under this license. Internet access is required for activation and potentially for ongoing use or updates.

d) ENTERPRISE / OEM License:

• Grant: Licensor grants Licensee the right to:
  • Exercise all rights granted under the PREMIUM License for Licensee's internal development, testing, and operation purposes.
  • Integrate and bundle the Software (typically in object code/compiled form, unless otherwise agreed in writing) with Licensee's specific OEM Product(s) identified in a separate agreement or order form.
  • Distribute the integrated Software solely as an inseparable part of the Licensee's OEM Product(s) to Licensee's end-users ("End-Users"). Licensee must have a binding agreement with its End-Users containing terms that protect the Software at least as much as this EULA, including prohibiting reverse engineering and redistribution of the Software component itself.
• Term: Perpetual license for the specific version(s) of the Software available at the time of purchase, subject to the terms herein.
• Updates & Support: Includes access to all new versions of the Software released and technical support (as defined for Premium) for one (1) year from the purchase date. Continued access to updates and support beyond the initial year requires a separate, active maintenance and support agreement or renewal fee, if offered by Licensor.
• Negotiation: Specific terms, scope, allowed OEM Product(s), and pricing for the Enterprise/OEM license are subject to direct negotiation and may be detailed in a separate written agreement executed by both parties, which shall take precedence over conflicting terms in this EULA.

3. LICENSE RESTRICTIONS

Regardless of the License Tier, Licensee shall NOT, and shall not permit others to:

1. Use the Software beyond the scope of the license granted for the applicable License Tier (e.g., using a Professional license on more than one website).
2. Rent, lease, lend, sublicense, sell, assign, distribute, publish, transfer, or otherwise make the Software available to any third party, except as expressly permitted under the ENTERPRISE/OEM License for distribution as part of an integrated OEM Product.
3. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the Source Code of the Software or any part thereof, except and only to the extent that: (i) such activity is expressly permitted by applicable law notwithstanding this limitation; or (ii) Licensor has provided the Source Code under a PREMIUM or ENTERPRISE/OEM license, in which case the Source Code may only be used for the limited internal purposes specified in the license grant.
4. Modify, adapt, translate, or create derivative works based upon the Software, except as necessary to integrate the Software into Licensee's authorized applications as permitted by the license grant. Any permitted modifications to Source Code (under Premium or Enterprise/OEM) remain subject to the ownership and restrictions herein.
5. Remove, alter, or obscure any proprietary notices (including copyright notices) of Licensor or its suppliers on or in the Software.
6. Use the Software for any illegal purpose or in violation of any applicable laws or regulations.
7. Use the Software to develop a competing product or service.
8. Circumvent or bypass any technological measures or activation procedures in the Software.
9. Redistribute the Source Code provided under the PREMIUM or ENTERPRISE/OEM license.

4. SUPPORT AND MAINTENANCE

Support services vary based on the purchased License Tier:

• FREE Trial: Support via email with a target response time of 72 business hours.
• PROFESSIONAL: Support via email with a target response time of 72 business hours during Licensor's standard support hours. Unlimited support emails per year during the active subscription term.
• PREMIUM: Support via email with a target response time of 24 business hours during Licensor's standard support hours. Unlimited support emails per year, phone assistance, and remote web assistance during the active subscription term.
• ENTERPRISE/OEM: Includes all Premium support privileges for one (1) year from the purchase date. Continued support requires a separate maintenance agreement or renewal.

Support is contingent upon an active subscription or maintenance agreement and adherence to this EULA. Support covers assistance with Software installation, configuration, and usage issues. It does not cover general programming assistance, custom development, or issues arising from modifications made by Licensee.

5. FEES AND PAYMENT

Licensee agrees to pay the applicable license fees for the PROFESSIONAL, PREMIUM, or ENTERPRISE/OEM License Tiers as specified at the time of purchase or in a separate agreement. Annual subscription fees (for Professional and Premium) are due in advance for each subscription term. Failure to pay applicable fees may result in suspension or termination of the license and associated support services.

6. INTELLECTUAL PROPERTY RIGHTS

The Software is licensed, not sold. Licensee acknowledges that Licensor or its suppliers retain all right, title, and interest, including all copyright, patent, trade secret, trademark, and other intellectual property rights, in and to the Software and any copies thereof. Licensee acquires only the limited right to use the Software as expressly granted in this EULA. Licensor reserves all rights not expressly granted to Licensee.

7. TERM AND TERMINATION

• Term: The term for each license is specified in Section 2 (License Grants). FREE Trial licenses expire after the Trial Period. PROFESSIONAL and PREMIUM licenses continue on an annual subscription basis, provided timely renewal payments are made. ENTERPRISE/OEM licenses are perpetual for the purchased version, with updates and support limited as described.
• Termination by Licensee: Licensee may terminate this EULA at any time by ceasing all use of the Software and destroying all copies.
• Termination by Licensor: Licensor may terminate this EULA immediately upon written notice if Licensee breaches any material term of this EULA (including non-payment of fees) and fails to cure such breach within fifteen (15) days of receiving notice thereof. The license for the FREE Trial terminates automatically upon expiration of the Trial Period.
• Effect of Termination: Upon termination or expiration of this EULA for any reason, all license rights granted hereunder shall cease, and Licensee must immediately: (i) cease all use of the Software; (ii) uninstall the Software from all devices and websites; and (iii) destroy all copies of the Software (including any Source Code) in its possession or control. Sections 1, 3, 6, 7, 8, 9, 10, 11, 12, and 13 shall survive termination.

8. WARRANTY DISCLAIMER

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. LICENSOR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, 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, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SOFTWARE LICENSE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IF NO FEE WAS PAID (E.G., FREE TRIAL), LICENSOR SHALL HAVE NO LIABILITY.

10. EXPORT CONTROLS

Licensee agrees to comply with all applicable export and re-export control laws and regulations, including those of the United States and other relevant jurisdictions. Licensee shall not export or re-export the Software, directly or indirectly, to any country or entity prohibited by such laws.

11. GOVERNING LAW AND JURISDICTION

This Agreement will be governed by the Uniform Computer Information Transactions Act and the United Nations Convention for the International Sale of Goods.

12. ENTIRE AGREEMENT

This EULA (including any separate written agreement for Enterprise/OEM licenses, if applicable) constitutes the entire agreement between Licensee and Licensor relating to the Software and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.

13. SEVERABILITY

If any provision of this EULA is found to be invalid or unenforceable under applicable law, it shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of this EULA shall continue in full force and effect.

14. CONTACT INFORMATION

Should you have any questions concerning this EULA, or if you desire to contact Licensor for any reason, please contact: