End User License Agreement (EULA)
This End User License Agreement (this “Agreement”) is a legal contract between you (“you” or “Licensee”) and Aremesco LLC governing your use of the MountDock software application, including any associated documentation, license keys, and updates provided under this Agreement (collectively, the “Software”).
By installing, activating, or using the Software, you agree to this Agreement. If you do not agree, do not install or use the Software.
1. License Grant
Subject to your compliance with this Agreement and payment of applicable fees, Aremesco grants you a personal, non-exclusive, non-transferable, revocable license to install and use the Software, in object code form only, on up to three (3) Mac computers that you own and personally use. This is a per-user license: it covers one individual, not a household, team, or organization. All rights not expressly granted are reserved by Aremesco.
2. License Keys and Activation
The Software may use license keys, online activation, or similar technical measures to enforce the license limits described in Section 1. You agree not to share license keys, bypass activation, or otherwise circumvent, disable, or interfere with any licensing or copy-protection mechanism in the Software.
3. Trial, Payment, and Refunds
3.1 Free trial. The Software is offered with a 14-day free trial. The trial requires no account, no email address, and no payment method, and nothing is ever charged automatically— the trial simply ends. After the trial ends you may continue to use the Software to view your volumes, but device actions (such as eject, remount, rename, and erase) remain locked unless you purchase a license. To enforce the one-trial-per-device limit, the Software registers the trial with Aremesco’s licensing service using an anonymous device identifier, as described in the MountDock Privacy Policy.
3.2 Refunds. Refunds are handled by the merchant of record under its refund policy — currently Paddle’s Refund Policy (see Section 3.3). Except as provided by that policy or required by applicable law, all payments are final.
3.3 Merchant of record. Purchases are processed by a third-party merchant of record (currently Paddle). Your purchase is also subject to the merchant’s terms of sale and privacy policy, and the merchant — not Aremesco — is the seller of record for billing, tax, and payment purposes. Refund requests should be directed to the merchant or to support@mountdock.com, which will route them.
4. Updates and Upgrades
Your license includes minor updates (for example, bug fixes and point releases) to the licensed major version at no additional charge. New major versions may require payment of a separate upgrade fee, at Aremesco’s sole discretion. Aremesco has no obligation to provide any particular update, feature, or ongoing support.
5. IMPORTANT: Destructive Disk Operations and Data Loss
READ THIS SECTION CAREFULLY. THE SOFTWARE CAN DESTROY DATA.
5.1 Nature of the Software. MountDock manages storage volumes and can perform destructive disk operations, including without limitation:
- erasing and formatting disks and volumes, which permanently destroys all data on them;
- force-ejecting volumes that are in use, which can cause data loss or corruption in open files and running applications; and
- automatically ejecting volumes on triggers such as system sleep, screen lock, or idle timeouts, which may occur without further confirmation once configured.
5.2 Your responsibility for backups. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING CURRENT, COMPLETE BACKUPS OF ALL DATA ON ANY DISK OR VOLUME THE SOFTWARE MAY TOUCH, AND FOR VERIFYING THAT ANY DESTRUCTIVE OPERATION TARGETS THE INTENDED DISK OR VOLUME BEFORE CONFIRMING IT. AREMESCO ASSUMES NO RESPONSIBILITY FOR DATA THAT IS LOST, CORRUPTED, OR RENDERED INACCESSIBLE THROUGH USE OF THE SOFTWARE, WHETHER OR NOT THE OPERATION BEHAVED AS INTENDED.
6. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AREMESCO DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. AREMESCO DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS, OR THAT IT WILL PRESERVE OR PROTECT YOUR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
7.1 Excluded damages. IN NO EVENT WILL AREMESCO OR ITS MEMBERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COST OF SUBSTITUTE GOODS, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS AGREEMENT, UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF AREMESCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 Liability cap. AREMESCO’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO AREMESCO (OR ITS MERCHANT OF RECORD) FOR THE SOFTWARE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
7.3 Basis of the bargain. The disclaimers in Section 6 and the limitations in this Section 7 are fundamental elements of the bargain between you and Aremesco; the Software would not be offered at its price without them. They apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.
8. Indemnification
You agree to indemnify, defend, and hold harmless Aremesco LLC and its members, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your use or misuse of the Software, or (b) your violation of this Agreement.
9. Restrictions
You may not, and may not permit anyone else to:
- reverse engineer, decompile, or disassemble the Software, or attempt to derive its source code, except to the extent such restriction is prohibited by applicable law;
- redistribute, sell, resell, rent, lease, sublicense, or lend the Software or any license key;
- circumvent or disable any licensing, activation, or copy-protection mechanism (see Section 2);
- remove or alter any proprietary notices in the Software; or
- use the Software in violation of applicable law.
10. Intellectual Property
The Software is licensed, not sold. Aremesco and its licensors retain all right, title, and interest in and to the Software, including all copyrights, trademarks, and other intellectual property rights.
11. Assignment
Aremesco may freely assign or transfer this Agreement and all of its rights and obligations under it, in whole or in part, without your consent and without notice, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. This Agreement will bind and benefit the parties and their respective successors and permitted assigns. You may not assign or transfer this Agreement or your license, by operation of law or otherwise, and any attempted assignment by you is void.
12. Termination
This Agreement is effective until terminated. Aremesco may terminate this Agreement and your license immediately upon notice if you breach this Agreement. Upon termination you must stop using the Software and destroy all copies in your possession. Sections 3.2 (Refunds), 5 (Destructive Disk Operations and Data Loss), 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Indemnification), 10 (Intellectual Property), 12 (Termination), 13 (Third-Party Distribution), and 14 (Governing Law; General) survive any termination of this Agreement.
13. Third-Party Distribution
If you obtained the Software through an authorized third-party subscription or distribution platform, that platform’s terms govern payment, licensing scope, and refunds to the extent they conflict with this Agreement, and Sections 1–4 of this Agreement apply only to the extent consistent with the platform’s terms. The disclaimers, limitations of liability, and other protective provisions of this Agreement continue to apply to your use of the Software.
14. Governing Law; General
14.1 Governing law and venue. This Agreement is governed by the laws of the State of Tennessee, USA, without regard to its conflict-of-laws rules. The state and federal courts located in Tennessee have exclusive jurisdiction over any dispute arising out of or relating to this Agreement or the Software, and each party consents to personal jurisdiction and venue in those courts.
14.2 Severability. If any provision of this Agreement is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
14.3 Entire agreement. This Agreement is the entire agreement between you and Aremesco regarding the Software and supersedes all prior or contemporaneous understandings regarding its subject matter. No amendment is binding unless in writing. Aremesco’s failure to enforce any provision is not a waiver.
Questions? Contact support@mountdock.com.