Please read this agreement carefully before installing or using Helium2.
Version 1.0 | Effective Date: January 1, 2025
By installing, copying, or using Helium2, you agree to be bound by the terms of this End User License Agreement ("EULA"). If you do not agree, do not install or use the software.
The Licensor grants you a limited, non-exclusive, non-transferable, revocable license to use the Trial Version of the Software free of charge for a period of thirty (30) days. After the trial period, export features will include a watermark. All other functions remain available.
Upon purchase of a Personal License and receipt of a valid License Key, the Licensor grants you a perpetual, non-exclusive, non-transferable license to install and use one (1) copy of the Software on one (1) device that you own or control, for personal, non-commercial use.
Upon purchase of a Family License, the Licensor grants you a perpetual, non-exclusive, non-transferable license to install and use up to five (5) copies of the Software on devices owned or controlled by members of your immediate household, for personal, non-commercial use.
Your license includes all minor updates (e.g., 1.0 to 1.x). Major version upgrades (e.g., version 2.0) may require a separate purchase or a discounted upgrade fee.
You may not:
The Software and all copies thereof are proprietary to TheHobbyist Software and title thereto remains with the Licensor. All rights in the Software not specifically granted in this EULA are reserved to the Licensor. The Software is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties.
"Helium2" is a trademark of TheHobbyist Software. You may not use this trademark without prior written permission from the Licensor.
You retain full ownership of all photos and files you access through the Software. The Software does not claim any rights to your content. Helium2 stores only metadata references (file paths) to your photos and does not copy, upload, or transmit your content anywhere. Refer to our Privacy Policy for full details.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF SECURITY VULNERABILITIES.
YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE RISK OF LOSS OR CORRUPTION OF DATA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LICENSOR'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
If you are not satisfied with the Software, you may request a full refund within thirty (30) days of your purchase. To request a refund, contact us at amit@thehobbyist.in with your order details. Refunds are issued at the Licensor's sole discretion and may be refused if abuse is suspected.
This license is effective until terminated. It will terminate automatically without notice from the Licensor if you fail to comply with any term of this EULA. Upon termination, you must cease all use of the Software and destroy all copies in your possession. Sections 4, 6, 7, and 10 shall survive termination.
This EULA shall be governed by and construed in accordance with the laws of the jurisdiction in which TheHobbyist Software is registered, without regard to its conflict-of-law provisions. Any dispute arising under this agreement shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
The Licensor reserves the right to update this EULA. Continued use of the Software after a revised EULA is posted constitutes your acceptance of the revised terms. Material changes will be communicated via the application or the website.
This EULA constitutes the entire agreement between you and TheHobbyist Software with respect to the Software and supersedes all prior communications, representations, or agreements, whether oral or written, relating to the subject matter herein.
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