EULA
KOBRA DIGITAL RAIN SCREEN SAVER
END-USER LICENSE AGREEMENT
Version: 1.1 - Texas / EU Consumer Revision
Effective Date: July 13, 2026
Publisher: Kobra Fleetworks LLC, Austin, Texas, United States
IMPORTANT: READ THIS AGREEMENT CAREFULLY.
This End-User License Agreement (the "Agreement") is a binding legal agreement
between the individual who lawfully acquires the Software ("you" or "your") and
Kobra Fleetworks LLC ("Kobra Fleetworks," "Publisher," "we," "us," or "our")
for the Kobra Digital Rain Screen Saver.
BY SELECTING AN UNCHECKED BOX OR BUTTON THAT EXPRESSLY STATES THAT YOU AGREE TO
THIS AGREEMENT, OR BY INSTALLING OR USING THE SOFTWARE AFTER BEING PRESENTED
WITH THAT CHOICE, YOU ACCEPT THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL,
ACCESS, OR USE THE SOFTWARE. DELETE ALL COPIES IN YOUR POSSESSION AND REQUEST
ANY AVAILABLE REFUND THROUGH THE APPLICABLE STOREFRONT OR REFUND PROCESS.
ACCEPTANCE OF THIS AGREEMENT DOES NOT BY ITSELF WAIVE ANY STATUTORY CANCELLATION
OR WITHDRAWAL RIGHT. ANY SEPARATE CONSENT TO BEGIN DELIVERY OF DIGITAL CONTENT
DURING A STATUTORY WITHDRAWAL PERIOD MUST BE OBTAINED AS REQUIRED BY APPLICABLE
LAW.
A purchase receipt, order confirmation, product listing, or separately signed
license may state additional or different device, user, duration, or commercial-
use limits. Those transaction-specific terms control only to the extent that
they expressly identify this Software and directly conflict with this Agreement.
Mandatory law always controls where it cannot be changed by contract.
1. DEFINITIONS
--------------
1.1 "Authorized Device" means a compatible physical computer that you own or
control and on which you are legally authorized to install software. A virtual
machine, cloud-hosted desktop, or separately hosted computing instance counts as
a separate device.
1.2 "Documentation" means the official user instructions, system requirements,
release notes, product description, and support information supplied by Kobra
Fleetworks for the Software.
1.3 "EU/EEA Consumer" means a natural person habitually resident in a Member
State of the European Union or European Economic Area who acquires the Software
for purposes outside that person's trade, business, craft, or profession, to the
extent the relevant consumer law applies to the transaction.
1.4 "Purchase Entitlement" means a lawful purchase receipt, order record,
download entitlement, storefront account entitlement, or other evidence that
you acquired a valid license. It does not require the Software itself to contact
Kobra Fleetworks or an activation server.
1.5 "Software" means the Kobra Digital Rain Screen Saver, including its
installer, executable files, code, visual effects, animations, artwork, images,
textures, shaders, audio, fonts, configuration files, Documentation, and any
update or replacement version supplied under this Agreement. Third-party
components are included only to the extent stated in Section 8.
1.6 "Storefront" means any website, marketplace, app store, reseller, payment
processor, or distribution platform through which the Software is acquired.
2. ELIGIBILITY AND AUTHORITY
----------------------------
2.1 You must have legal capacity to enter into this Agreement. If you are not
the age of majority where you live, a parent or legal guardian must acquire the
Software, accept this Agreement, and supervise its use.
2.2 The standard license in this Agreement is for one natural person. You may
not accept this Agreement on behalf of a company, school, government agency, or
other organization unless that organization has purchased a separate business,
commercial, educational, site, or enterprise license from Kobra Fleetworks and
you have authority to bind it.
3. LICENSE GRANT
----------------
3.1 Subject to payment of all applicable charges and continued compliance with
this Agreement, Kobra Fleetworks grants you a limited, personal, non-exclusive,
non-sublicensable, and non-transferable license, except as expressly allowed by
Section 23 or mandatory law, to install and use the object-code version of the
Software on no more than three (3) Authorized Devices at the same time.
3.2 The license is perpetual for the version lawfully acquired unless it is
terminated under Section 21. It is not revocable at Kobra Fleetworks' discretion
without a contractual or legal basis stated in this Agreement. The license does
not include an entitlement to future paid versions, features, content,
compatibility releases, online services, or support except where applicable law
or an express written commitment requires otherwise.
3.3 You may move the Software to a replacement Authorized Device, provided that
you first uninstall or permanently disable the Software on the device being
replaced so that the three-device limit is not exceeded.
3.4 You may make one reasonable archival or backup copy solely to restore your
lawfully licensed installation. Any broader backup right that cannot lawfully be
restricted remains unaffected. A backup copy may not be shared, distributed, or
used as an additional active installation.
3.5 You may use remote-desktop software to access an Authorized Device on which
the Software is installed, but you may not host the Software as a streaming,
cloud, subscription, shared-computing, time-sharing, or software-as-a-service
product.
3.6 The standard license is for personal, non-commercial use only. It does not
permit use as a business display, retail display, showroom display, hotel or
restaurant display, nightclub or event visual, trade-show display, school or
government display, public kiosk, digital-signage system, paid broadcast, paid
livestream, commercial installation, or other public-facing or revenue-producing
use. A separate written commercial license is required for those uses.
3.7 Other people may incidentally view the Software while it is running on your
Authorized Device. Incidental viewing does not grant them a license and does not
permit them to install, copy, distribute, or separately use the Software.
3.8 You may share ordinary, non-commercial screenshots or brief recordings that
incidentally depict the Software, provided that the material does not expose or
include distributable Software files, extracted assets, source code, or enough
continuous content to function as a substitute for the Software. Kobra
Fleetworks may withdraw this limited permission for particular material that
falsely implies endorsement, infringes rights, facilitates piracy, or violates
law.
3.9 The Software is licensed, not sold, except that mandatory law may treat a
transaction as a sale of a particular copy for limited purposes such as
exhaustion or lawful resale. No ownership of the underlying intellectual
property is transferred to you.
4. LICENSE RESTRICTIONS AND NON-WAIVABLE RIGHTS
-----------------------------------------------
Except where a restriction is prohibited by applicable law, you may not, and may
not assist or permit another person to:
4.1 copy, reproduce, distribute, publish, upload, transmit, sell, resell, rent,
lease, lend, sublicense, donate, gift, share, or otherwise make the Software or a
Purchase Entitlement available to another person, except for the backup copy and
any lawful transfer expressly addressed in Section 23;
4.2 install or use the Software on more Authorized Devices than your license
allows, share one personal license among multiple users, or operate the Software
as part of a shared, pooled, network, server, virtual-desktop, cloud-hosting, or
time-sharing service;
4.3 modify, adapt, translate, patch, alter, merge, port, emulate, or create a
derivative work from the Software, except for ordinary configuration changes
made through controls intentionally provided by the Software or acts that
applicable law expressly permits and does not allow the parties to prohibit;
4.4 reverse engineer, decompile, disassemble, decode, decrypt, trace, debug, or
otherwise attempt to discover source code, algorithms, file formats, protocols,
keys, or non-public technical information, except to the limited extent that
applicable law grants a right that cannot be waived. Without limiting that
carveout, this Agreement does not prohibit a lawful acquirer from exercising any
non-waivable right to perform acts necessary for intended use or error
correction, make a necessary backup copy, observe, study, or test the functioning
of a computer program while lawfully using it, or decompile strictly to obtain
information necessary to achieve interoperability of an independently created
program when all statutory conditions are satisfied. Information obtained under
such a right may be used only for the legally permitted purpose and may not be
used to create a substantially similar competing program or otherwise infringe
Kobra Fleetworks' rights;
4.5 circumvent, disable, remove, interfere with, or defeat any access control,
copy-protection, anti-tamper, usage-limit, watermark, rights-management, or
security feature that may lawfully be used with the Software;
4.6 extract, rip, isolate, record, recreate, republish, or reuse any animation,
artwork, image, texture, shader, font, sound, music, visual effect, code,
configuration, or other asset as a standalone work, stock asset, template,
wallpaper pack, screensaver, application, game asset, video loop, sample,
merchandise design, or competing product;
4.7 use the Software or an extracted element to train, fine-tune, test,
benchmark, evaluate, prompt, condition, or develop an artificial-intelligence,
machine-learning, computer-vision, generative, or synthetic-media system; to
create a dataset, embedding set, model weight, style model, or training corpus;
or to generate replacement assets that reproduce protected expression, except
to the extent a use cannot lawfully be restricted;
4.8 mint, tokenize, register, sell, or associate the Software or an extracted
element with a non-fungible token, blockchain asset, cryptocurrency product, or
similar digital ownership scheme;
4.9 use the Software as the primary visual content of a monetized video,
livestream, broadcast, advertisement, venue display, performance, installation,
or paid service without a separate written commercial license;
4.10 remove, conceal, alter, or falsify a copyright, trademark, attribution,
watermark, serial number, proprietary notice, or other rights-management
information;
4.11 use Kobra Fleetworks' names, logos, trade dress, or trademarks in a manner
that suggests sponsorship, affiliation, certification, or endorsement without
prior written permission;
4.12 use the Software to infringe intellectual-property, privacy, publicity,
contractual, or other rights; distribute malware; evade security controls;
harass or deceive another person; or engage in unlawful, fraudulent, harmful, or
abusive conduct; or
4.13 use, export, re-export, transfer, or make the Software available in
violation of applicable export-control, sanctions, embargo, or trade laws.
All rights not expressly granted are reserved by Kobra Fleetworks.
5. PURCHASE ENTITLEMENT; NO PRODUCT ACTIVATION
----------------------------------------------
5.1 A Purchase Entitlement is personal to the lawful license holder except where
Section 23 or mandatory law permits a transfer. You may be required to provide
reasonable proof of purchase when requesting a replacement download, refund,
transfer confirmation, or support.
5.2 The release covered by this Agreement does not require a Kobra Fleetworks
account, login, product key, online activation, device registration, or remote
license verification. The Software does not contact Kobra Fleetworks to count
Authorized Devices.
5.3 The absence of technical activation does not expand the license. You remain
responsible for complying with the user and device limits in Section 3.
5.4 A refund, statutory withdrawal, payment reversal, chargeback, or cancellation
of the purchase terminates the corresponding license unless Kobra Fleetworks or
mandatory law provides otherwise. After termination, you must comply with
Section 22.
6. OWNERSHIP AND INTELLECTUAL PROPERTY
--------------------------------------
6.1 Kobra Fleetworks and its licensors retain all right, title, and interest in
and to the Software, including all copyrights, trademark rights, trade secrets,
patent rights, design rights, database rights, moral rights, and other
intellectual-property and proprietary rights.
6.2 The structure, organization, selection, arrangement, visual identity, code,
assets, and non-public operation of the Software are valuable proprietary
material. This Agreement grants only the limited use license stated in Section
3. No right is granted by implication, estoppel, or otherwise, except where
applicable law provides a non-waivable right.
6.3 "Kobra Fleetworks," "Kobra Digital Rain Screen Saver," associated logos,
and related branding are trademarks or trade dress of Kobra Fleetworks LLC.
Nothing in this Agreement grants a trademark license.
6.4 Unauthorized use may violate copyright, trademark, trade-secret,
anti-circumvention, unfair-competition, contract, or other laws.
7. LOCAL SETTINGS AND CONFIGURATION
-----------------------------------
7.1 The Software permits you to select local settings and preferences through
its intended controls. Your selection of settings does not give you ownership of
any Software code, artwork, animation, effect, preset structure, or other Kobra
Fleetworks asset.
7.2 Settings are stored locally on the applicable Authorized Device. Kobra
Fleetworks does not receive or remotely synchronize those settings.
7.3 You are responsible for backing up settings if you wish to preserve them.
Uninstalling the Software, deleting its configuration folder, reinstalling an
operating system, replacing hardware, using cleanup software, or restoring a
device may remove or reset the settings.
7.4 Kobra Fleetworks is not responsible for loss of local settings caused by
device failure, operating-system behavior, third-party software, unsupported
modification, or failure to maintain a backup, except where liability cannot
lawfully be excluded.
8. THIRD-PARTY AND OPEN-SOURCE COMPONENTS
-----------------------------------------
8.1 The Software may include third-party code, libraries, fonts, media, or other
components. Applicable notices and licenses, if any, will be supplied in the
Documentation, an acknowledgments file, or the installation directory.
8.2 An open-source or third-party license controls solely with respect to the
component it covers where that license grants rights or imposes obligations that
conflict with this Agreement. Nothing in this Agreement limits rights granted
under an applicable open-source license.
8.3 Storefronts, operating systems, graphics drivers, security software,
code-signing services, download hosts, backup services, and hardware are governed
by their own terms. Kobra Fleetworks does not control and is not responsible for
third-party products or services, except to the extent applicable law imposes
responsibility that cannot be excluded.
9. FEEDBACK
-----------
If you voluntarily provide suggestions, ideas, bug reports, concepts, or other
feedback about the Software, you grant Kobra Fleetworks a worldwide, perpetual,
irrevocable, transferable, sublicensable, royalty-free license to use,
reproduce, modify, distribute, commercialize, and otherwise exploit that
feedback without payment or attribution. This does not grant Kobra Fleetworks
ownership of your separate copyrighted work merely because you report a problem
involving it.
10. PRIVACY, OFFLINE OPERATION, AND DATA PRACTICES
-------------------------------------------------
10.1 The current release is designed to operate locally after download and
installation. The Software itself does not collect or transmit personal data,
usage data, diagnostic data, or advertising data to Kobra Fleetworks.
10.2 The Software does not include a Kobra Fleetworks account system, login,
telemetry, analytics, advertising, cookies, device fingerprinting, location
tracking, contact-list access, camera access, microphone access, clipboard
collection, remote access, crash-report transmission, background network
communication, online activation, license-server communication, cloud storage,
or automatic update checking.
10.3 The Software records only the local settings reasonably necessary to apply
your selected visual and operational preferences. Those settings remain on the
Authorized Device unless you or a third-party system copies them. An operating
system, roaming profile, backup utility, antivirus product, cloud-sync service,
or other tool that you enable may independently copy or process local files
under its own terms and privacy notice.
10.4 A Storefront, payment processor, operating-system provider, code-signing
provider, download host, or other third party may independently process purchase,
account, device, network, security, or transaction information. That processing
is not performed by the Software and is governed by the third party's terms and
privacy notice.
10.5 If you contact Kobra Fleetworks for support, a refund, a legal request, or
another purpose, Kobra Fleetworks may process the contact and transaction
information that you or the Storefront provide for that purpose. Such processing
occurs outside the Software and must be described in an applicable Kobra
Fleetworks website, sales, or support privacy notice. Do not send passwords,
payment-card numbers, sensitive personal data, or unrelated private files.
10.6 The operating system may create local event logs, crash dumps, thumbnails,
recent-file records, or other diagnostic material. Kobra Fleetworks does not
receive that material unless you knowingly choose to send it during support.
10.7 Kobra Fleetworks will not silently add personal-data collection or network
transmission to the version covered by this Agreement. If a future version adds
an account, telemetry, analytics, advertising, crash reporting, cloud features,
license-server communication, automatic update checking, or another material
data practice, that version must provide an accurate notice before the
processing begins and obtain any consent required by applicable law. Refusing a
future optional data practice will not retroactively change the offline behavior
promised for this version.
10.8 This Agreement is not a substitute for a privacy notice covering a Kobra
Fleetworks website, direct-sale checkout, mailing list, payment record, or
support system, even though the Software itself collects no information.
11. UPDATES, CHANGES, AND DISCONTINUATION
-----------------------------------------
11.1 The current release does not automatically check for or install updates.
Any update made available by Kobra Fleetworks must be obtained manually from the
applicable Storefront, official download page, or another clearly identified
source, unless a Storefront or operating system independently provides an update
mechanism under its own settings and terms.
11.2 Kobra Fleetworks may provide patches, bug fixes, security updates,
compatibility updates, content updates, or replacement versions. Unless an
update includes separate terms, it is part of the Software and governed by this
Agreement.
11.3 Except where required by applicable law or an express written support
commitment, Kobra Fleetworks is not obligated to provide a particular new
feature, content addition, compatibility change, or support period.
11.4 An update may modify or remove a feature where reasonably necessary for
security, legal compliance, third-party dependency changes, operating-system
compatibility, or technical maintenance. Kobra Fleetworks will not intentionally
remove the core locally installed screensaver functionality from a fully paid
version merely to force a new purchase, unless continued operation would be
unlawful, materially insecure, or technically impossible.
11.5 You are responsible for installing an update after Kobra Fleetworks has
clearly informed you that the update is necessary for security or conformity,
explained how to obtain it, and warned of relevant consequences of failing to
install it. Kobra Fleetworks is not responsible for a lack of conformity caused
solely by your failure to install a properly supplied necessary update within a
reasonable time where applicable law permits that result.
11.6 Kobra Fleetworks may discontinue optional support or future download
hosting after reasonable notice where practicable. Discontinuation does not
transfer ownership rights or authorize use that violates this Agreement.
11.7 For an EU/EEA Consumer, nothing in this section limits mandatory rights
concerning supply, conformity, updates including security updates, repair,
replacement, price reduction, termination, or refund. Kobra Fleetworks will
provide updates necessary to maintain conformity for the period required by the
applicable national law.
12. SYSTEM REQUIREMENTS, COMPATIBILITY, AND USER RESPONSIBILITIES
-----------------------------------------------------------------
12.1 You are responsible for confirming before purchase or installation that
your hardware, operating system, graphics hardware and drivers, display,
permissions, security software, and Storefront satisfy the published system
requirements.
12.2 Compatibility is promised only for the systems expressly identified as
supported in the product description or Documentation at the time of purchase,
subject to mandatory law. Kobra Fleetworks does not guarantee compatibility with
unsupported systems, preview or beta operating systems, virtual machines,
modified operating systems, future operating-system releases, unsupported
graphics drivers, or third-party customization tools.
12.3 You are responsible for maintaining lawful access to your device, applying
appropriate operating-system and security updates, configuring display and
power settings, and maintaining backups of important data.
12.4 The Software is not a security product, lock-screen product, privacy tool,
antivirus product, access-control system, data-protection system, or substitute
for operating-system security features.
12.5 You are responsible for uninstalling the Software before selling,
transferring, recycling, returning, or giving away an Authorized Device, unless
a lawful permanent license transfer is completed under Section 23.
13. SCREEN-SAVER-SPECIFIC SAFETY AND OPERATIONAL WARNINGS
---------------------------------------------------------
13.1 VISUAL EFFECTS. The Software may contain moving patterns, high-contrast
images, rapid visual changes, flicker, or flashing effects. A small number of
people may experience dizziness, eyestrain, nausea, disorientation, migraines,
or photosensitive seizures when exposed to certain visual effects. Stop using
the Software immediately if you experience discomfort or unusual symptoms and
seek appropriate medical advice.
13.2 NOT A DEVICE LOCK. A screen saver does not necessarily lock a computer,
prevent access, conceal notifications, protect confidential information, or
secure an unattended device. Configure the operating system's separate password,
PIN, biometric, lock-screen, and timeout controls if security or privacy is
required.
13.3 POWER, HEAT, AND DISPLAY USE. Continuous animation may consume processor or
graphics resources, battery power, and electricity, and may produce heat. Long,
continuous display of visual content may contribute to image retention, uneven
wear, or burn-in on some displays. Use reasonable brightness, sleep, timeout,
and power settings and follow the device and display manufacturer's instructions.
13.4 NOT SAFETY-CRITICAL. The Software is decorative entertainment software. It
is not designed, tested, or licensed for use in medical, emergency, industrial
control, transportation, aviation, nuclear, military, life-support, security,
access-control, or other safety-critical systems where failure could cause
injury, death, property damage, or environmental harm.
13.5 Do not configure, install, or adjust the Software while operating a vehicle,
machinery, or equipment requiring attention.
13.6 These warnings do not exclude any liability that cannot lawfully be
excluded.
14. STOREFRONTS, PAYMENT, TAXES, REFUNDS, AND WITHDRAWAL
-------------------------------------------------------
14.1 Prices, payment processing, taxes, currency conversion, delivery, regional
availability, and Storefront account handling are governed by the terms shown at
purchase and by applicable law.
14.2 Refunds are governed by the applicable Storefront refund policy or, for a
direct purchase, the Kobra Fleetworks refund policy displayed before purchase,
subject in every case to mandatory consumer law.
14.3 Nothing in this Agreement eliminates a right to supply, repair, replacement,
price reduction, cancellation, statutory withdrawal, chargeback, or refund that
cannot lawfully be waived. A refund, withdrawal, or payment reversal ends the
corresponding license as stated in Section 5.4.
14.4 For an EU/EEA Consumer purchasing digital content at a distance and not on
a tangible medium, applicable law may provide a fourteen-day withdrawal period
beginning when the contract is concluded. Where the law permits that right to be
lost once delivery or downloading begins, the loss occurs only if all legally
required conditions are met, including the consumer's prior express consent to
begin performance during the withdrawal period, the consumer's acknowledgment
that the right of withdrawal will thereby be lost, and the trader's required
confirmation on a durable medium. Acceptance of this Agreement alone is not the
separate express consent described in this subsection. If those conditions are
not satisfied, the consumer retains the rights provided by applicable law.
14.5 If you lawfully withdraw from or terminate the purchase, or receive a full
refund, you must stop using the Software and delete all copies, subject to any
non-waivable legal rule governing the effect of withdrawal or termination.
14.6 A Storefront may impose additional terms for use of its platform. Those
terms govern the Storefront relationship, payment, delivery, refunds, and
platform services. This Agreement governs the license between you and Kobra
Fleetworks, except where the Storefront's mandatory terms or applicable law
require otherwise.
14.7 Kobra Fleetworks is not responsible for a Storefront's account suspension,
payment decision, regional restriction, service outage, or refund processing,
except to the extent Kobra Fleetworks caused the issue or applicable law provides
otherwise.
15. SUPPORT
-----------
15.1 Support, if offered, is limited to the scope, contact method, language,
hours, and support period stated in the Documentation or product listing.
15.2 Unless Kobra Fleetworks expressly agrees otherwise in writing, no service
level, response time, resolution time, future feature, or compatibility update
is guaranteed, subject to mandatory consumer law.
15.3 Kobra Fleetworks may require proof of purchase, Software version, operating
system, hardware details, relevant screenshots, and a description of the
problem. Any diagnostic file must be sent voluntarily by you; the Software does
not transmit one automatically.
15.4 Support may be refused for pirated, unlawfully modified, unsupported, or
misused copies; systems that do not meet disclosed requirements; or conduct that
is abusive, threatening, fraudulent, or unrelated to the Software. This does not
limit a mandatory statutory remedy.
16. EUROPEAN UNION AND EUROPEAN ECONOMIC AREA CONSUMERS
-------------------------------------------------------
16.1 This section applies to an EU/EEA Consumer to the extent the transaction is
covered by applicable European Union, European Economic Area, or national
consumer law. National law may grant stronger rights than the minimum rights
summarized here, and those stronger rights are not limited.
16.2 CONFORMITY. The Software must conform to the contract and applicable law,
including the description, sample, or trial shown before purchase; possess the
functionality, compatibility, interoperability, accessibility, quality,
performance, and other features that were promised or that a consumer may
reasonably expect for software of the same type; be fit for ordinary purposes
and any particular purpose accepted by Kobra Fleetworks; and be supplied with
instructions and updates required by applicable law.
16.3 PUBLIC STATEMENTS AND SYSTEM REQUIREMENTS. Material statements made in the
product listing, advertising, Documentation, or demonstration may form part of
the conformity standard where applicable law so provides. Technical requirements
and known compatibility limits must be disclosed clearly before purchase. A
limitation hidden only in this Agreement does not override a contradictory
material product claim or a mandatory disclosure rule.
16.4 UPDATES. For a one-time supply of the Software, Kobra Fleetworks will make
available updates, including security updates, necessary to keep the Software in
conformity for the period that an EU/EEA Consumer may reasonably expect or for
any longer period required by national law. The current Software does not check
for updates automatically; required updates will be made available through the
applicable Storefront or another disclosed source, and notice will be provided
through a legally sufficient channel available for the transaction.
16.5 REMEDIES. If the Software is not supplied or lacks conformity, an EU/EEA
Consumer may have the right to require supply or to have the Software brought
into conformity free of charge, within a reasonable time, and without significant
inconvenience. Where the legal conditions are met, the consumer may instead or
subsequently receive a proportionate price reduction or terminate the contract
and receive the refund required by law. Nothing in this Agreement shortens a
mandatory liability period, limitation period, burden-of-proof rule, or refund
deadline.
16.6 MODIFICATIONS. Because the purchased version operates locally, Kobra
Fleetworks cannot remotely alter it. If an optional update changes the Software,
that change remains subject to applicable conformity and modification rules. A
term permitting unilateral modification will not be used to deprive a consumer
of a mandatory remedy.
16.7 FAIR TERMS. A term that is not individually negotiated must be drafted in
plain and intelligible language. An unfair term is not binding to the extent
provided by applicable law, and the remainder of the Agreement continues only if
it can lawfully do so. Where applicable law requires it, a genuine ambiguity is
interpreted in the consumer's favor.
16.8 TEXAS LAW DOES NOT REMOVE HOME-COUNTRY PROTECTION. The Texas choice-of-law
clause in Section 26 does not deprive an EU/EEA Consumer of mandatory protections
that would apply under the law of the consumer's habitual residence. An EU
consumer may bring proceedings in any court available under mandatory
jurisdiction rules, including the courts for the place where that consumer is
domiciled where applicable. Kobra Fleetworks will bring proceedings against an
EU consumer only in a forum permitted by mandatory law.
16.9 COMPUTER-PROGRAM RIGHTS. Nothing in this Agreement restricts a non-waivable
right of a lawful acquirer under applicable computer-program law, including
rights concerning necessary use, error correction, necessary backup, observation,
study or testing, interoperability, or exhaustion and transfer of a lawfully
acquired perpetual copy. Section 23 states the conditions for a lawful transfer
without attempting to eliminate a non-waivable resale right.
16.10 WITHDRAWAL. The withdrawal provisions in Section 14.4 apply. The checkout
or Storefront, not this Agreement alone, must provide any required pre-contract
information, model withdrawal form, separate express consent to immediate
supply, acknowledgment of loss of the withdrawal right, and confirmation on a
durable medium.
16.11 LANGUAGE AND LOCAL LAW. A translated version may be provided where
required. The English version controls only to the extent permitted by law. If
local law requires a translated version or local-language disclosure to control,
that requirement prevails.
17. OTHER MANDATORY CONSUMER RIGHTS
----------------------------------
17.1 Consumers outside the EU/EEA may also have mandatory legal rights based on
their country, state, province, or territory, including rights concerning
quality, conformity, fitness for a disclosed purpose, description, updates,
repair, replacement, price reduction, cancellation, refund, unfair contract
terms, privacy, or product and digital-content liability.
17.2 Nothing in this Agreement excludes, restricts, or modifies a mandatory
consumer guarantee, remedy, forum right, limitation period, or other legal right
that cannot lawfully be excluded, restricted, or modified.
17.3 Where a disclaimer, restriction, limitation, governing-law clause, or venue
clause conflicts with a non-waivable right, the term applies only to the maximum
extent permitted and the mandatory right controls.
18. DISCLAIMER OF WARRANTIES
-----------------------------
18.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR ANY NON-WAIVABLE
CONSUMER GUARANTEE OR EXPRESS WRITTEN WARRANTY PROVIDED AT PURCHASE, THE SOFTWARE
IS PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS.
18.2 KOBRA FLEETWORKS DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, CONDITIONS,
AND REPRESENTATIONS TO THE EXTENT THEY MAY LAWFULLY BE DISCLAIMED, INCLUDING
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SECURITY, RELIABILITY,
COMPATIBILITY, AND RESULTS.
18.3 KOBRA FLEETWORKS DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED,
ERROR-FREE, FREE FROM EVERY DEFECT OR VULNERABILITY, COMPATIBLE WITH EVERY DEVICE
OR FUTURE OPERATING SYSTEM, NEVER FLAGGED BY SECURITY SOFTWARE, OR CAPABLE OF
MEETING EVERY AESTHETIC, PERFORMANCE, POWER-USAGE, OR DISPLAY EXPECTATION.
18.4 Kobra Fleetworks warrants that it has authority to grant the license
expressly stated in this Agreement.
18.5 Sections 16 and 17 control over this section. In jurisdictions that do not
permit a disclaimer, the disclaimer applies only to the extent allowed and does
not reduce mandatory conformity rights, legal guarantees, or remedies.
19. LIMITATION OF LIABILITY
---------------------------
19.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOBRA FLEETWORKS AND ITS OWNERS,
MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, LICENSORS, DISTRIBUTORS, AND AGENTS
WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR
CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY,
GOODWILL, DATA, OR USE; COST OF SUBSTITUTE PRODUCTS OR SERVICES; DEVICE DOWNTIME;
OR CLAIMS ARISING FROM FAILURE TO SECURE OR LOCK A DEVICE, EVEN IF ADVISED THAT
SUCH DAMAGE WAS POSSIBLE.
19.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF
KOBRA FLEETWORKS AND THE PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR
RELATING TO THE SOFTWARE, THE PURCHASE, OR THIS AGREEMENT WILL NOT EXCEED THE
GREATER OF: (A) THE AMOUNT YOU ACTUALLY PAID FOR THE SOFTWARE; OR (B) TEN UNITED
STATES DOLLARS (US $10.00).
19.3 The exclusions and cap apply regardless of the legal theory, including
contract, warranty, tort, negligence, strict liability, restitution, statute, or
otherwise, and apply collectively to all claims.
19.4 The exclusions and cap do not apply to liability that cannot lawfully be
limited or excluded, including, where applicable, liability for fraud,
fraudulent misrepresentation, intentional misconduct, gross negligence, breach
of a non-waivable data-protection duty, death or personal injury caused by
negligence, mandatory product liability, or a mandatory consumer remedy.
19.5 For an EU/EEA Consumer, this section applies only to the extent permitted by
the consumer's applicable national law and does not cap or exclude statutory
rights and remedies for failure to supply or lack of conformity.
19.6 Each lawful limitation is intended to allocate risk and is an essential
basis of the bargain. If a limited remedy fails of its essential purpose, the
remaining exclusions and limitations continue only to the extent permitted by
law.
20. RESPONSIBILITY FOR PROHIBITED CONDUCT
-----------------------------------------
20.1 You are responsible for loss or damage directly caused by your intentional,
knowing, fraudulent, or unlawful violation of Sections 3, 4, 5, or 6.
20.2 To the extent permitted by law, you will defend, indemnify, and hold harmless
Kobra Fleetworks and its owners, managers, members, employees, contractors,
licensors, distributors, and agents from a third-party claim, judgment, damage,
penalty, or reasonable legal cost directly arising from your intentional or
knowing piracy, unauthorized redistribution, commercial exploitation,
circumvention, infringement, malware distribution, or unlawful use of the
Software.
20.3 This section does not require a consumer to indemnify Kobra Fleetworks for
Kobra Fleetworks' own negligence, breach, unlawful conduct, or liability that
cannot be shifted under applicable law. It does not apply to an EU/EEA Consumer
to the extent it would be an unfair or prohibited term.
21. TERM AND TERMINATION
------------------------
21.1 This Agreement begins when you accept it and continues until terminated.
21.2 You may terminate it at any time by permanently uninstalling and deleting
all copies of the Software and relinquishing all backup copies under your
control.
21.3 Kobra Fleetworks may terminate the license if you materially breach this
Agreement and fail to cure a curable breach within fourteen (14) days after
receiving written notice that reasonably identifies the breach and required
cure.
21.4 Kobra Fleetworks may terminate immediately for intentional piracy,
unauthorized public distribution, fraudulent acquisition, malicious tampering,
deliberate circumvention, or conduct creating an immediate legal or security
risk.
21.5 Kobra Fleetworks may terminate an entitlement when the purchase is refunded,
withdrawn, reversed, charged back, cancelled, or proven fraudulent.
21.6 Because the current release is offline and has no Kobra Fleetworks account,
activation server, or remote access, Kobra Fleetworks cannot remotely inspect,
delete, or disable an installed copy. Termination creates a legal obligation for
you to stop use and delete copies; it does not authorize Kobra Fleetworks to
access your device.
21.7 Termination is in addition to other lawful remedies. Kobra Fleetworks may
seek damages, injunctive relief, or other remedies for actual or threatened
infringement, circumvention, or misuse, subject to mandatory consumer law.
22. EFFECT OF TERMINATION
-------------------------
22.1 When this Agreement or your license ends, you must immediately stop using
the Software, uninstall it from every device, delete all copies and extracted
materials, and cease relying on the Purchase Entitlement, except to the extent
applicable law provides otherwise.
22.2 Termination for your breach does not create a contractual right to a refund.
This does not limit a mandatory refund, withdrawal, or consumer remedy unrelated
to the breach.
22.3 Sections that by their nature should survive termination will survive,
including Sections 4, 6, 8, 9, 10, 13, 16 through 20, 22 through 26, and 28
through 34.
23. TRANSFER, RESALE, AND ASSIGNMENT
------------------------------------
23.1 Except where applicable law grants a transfer or resale right that cannot
be waived, you may not assign, sublicense, resell, split, transfer, or otherwise
convey the license or Purchase Entitlement without Kobra Fleetworks' prior
written consent.
23.2 Where mandatory law permits a permanent transfer or resale of a lawfully
acquired perpetual copy, including where a distribution right has been exhausted,
the transfer must include the entire license and all copies, Documentation, and
proof of entitlement that may lawfully be transferred; you must make every copy
under your control unusable and retain no ability to use the Software; the
recipient must accept this Agreement or the legally applicable license terms;
and a multi-device license may not be divided among multiple recipients.
23.3 A Storefront account or download entitlement may be technically
non-transferable under the Storefront's rules. That technical limitation does
not eliminate a statutory right that binds the relevant parties, but Kobra
Fleetworks is not required to transfer a third party's account.
23.4 Kobra Fleetworks may assign this Agreement as part of a merger,
reorganization, financing, sale of assets, transfer of the Software business, or
operation of law, provided that the assignment does not eliminate mandatory
consumer rights.
24. EXPORT CONTROLS AND SANCTIONS
---------------------------------
You may not use, export, re-export, transfer, or make the Software available in
violation of applicable sanctions, embargoes, export-control, or trade laws. You
are not required to make a representation or undertake an obligation that
applicable law prohibits Kobra Fleetworks from requiring.
25. INFORMAL DISPUTE RESOLUTION
-------------------------------
25.1 Before filing a lawsuit, the complaining party should send a written notice
that identifies the purchaser or order if relevant, describes the facts and
requested relief, and includes contact information for a response. Notices to
Kobra Fleetworks must be sent to the contact in Section 34 with the subject line
"LEGAL DISPUTE NOTICE."
25.2 The parties should attempt in good faith to resolve the dispute for thirty
(30) days after receipt of a complete notice. This informal process does not
prevent either party from seeking temporary or emergency relief, filing before a
limitation period expires, using small claims, contacting a regulator or
consumer authority, using an available alternative-dispute process, or
exercising a non-waivable consumer right.
25.3 This Agreement does not require arbitration and does not waive a right to a
jury trial or class procedure. Any future arbitration agreement or class-action
waiver must be separately drafted, clearly disclosed, lawfully accepted, and
reviewed for the jurisdictions and Storefronts in which it will be used.
25.4 No term in this Agreement requires an EU/EEA Consumer to use an informal or
alternative-dispute procedure before exercising a mandatory judicial or
regulatory remedy.
26. GOVERNING LAW AND FORUM
---------------------------
26.1 Except where mandatory consumer or conflict-of-law rules require otherwise,
this Agreement and any dispute arising from it are governed by the laws of the
State of Texas, United States, without regard to conflict-of-law principles. The
United Nations Convention on Contracts for the International Sale of Goods does
not apply.
26.2 For a dispute that is not subject to a mandatory consumer forum right, the
state courts located in Travis County, Texas, and the United States District
Court for the Western District of Texas, Austin Division, will have exclusive
jurisdiction and venue. Each party consents to personal jurisdiction in those
courts for such a dispute.
26.3 If you are a consumer, Sections 26.1 and 26.2 do not deprive you of a
mandatory protection, governing law, or forum right available in your place of
residence. Section 16.8 applies specifically to EU/EEA Consumers.
27. CHANGES TO THIS AGREEMENT
-----------------------------
27.1 Kobra Fleetworks may revise this Agreement for future purchases, new
versions, or material new features. A revised Agreement does not retroactively
replace the Agreement governing a previously acquired version unless you
affirmatively accept the revision or applicable law permits the change.
27.2 A non-material clarification, contact update, or correction may be posted
without renewed acceptance, provided that it does not materially reduce your
rights, expand your obligations, or contradict the privacy promises for the
version you acquired.
27.3 If an update requires materially different terms, those terms must be
presented clearly before installation or use of the update. Declining the new
terms may mean that you cannot use that update or new feature, but it does not by
itself terminate your license to continue using the previously acquired local
version where continued use remains technically and legally possible.
28. NOTICES, ASSENT, AND ELECTRONIC RECORDS
-------------------------------------------
28.1 You consent to receive agreements, receipts, update notices, support
communications, and other records electronically through the Storefront,
installer, official website, or email address associated with the purchase,
subject to any consent and withdrawal rights required by law.
28.2 The installer or Storefront should present this Agreement through a clear
affirmative assent process, such as an unchecked "I Agree" control, before the
Software is installed or first used. A passive link or pre-checked box should not
be treated as acceptance where affirmative assent is required.
28.3 You must be able to retain and accurately reproduce the accepted version of
this Agreement. Kobra Fleetworks will make that version available for download,
saving, or printing on a durable medium as required by law.
28.4 Legal notices to Kobra Fleetworks must be sent to the legal contact in
Section 34. Notices to you may be sent to the email address associated with the
purchase or displayed through the Storefront where legally permitted. The
Software itself does not collect an email address or display remote notices.
29. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE
--------------------------------------------
29.1 This Agreement, the applicable order confirmation or license certificate,
any express written warranty, an applicable privacy notice, and any Storefront-
specific terms required to govern the transaction form the entire agreement
concerning the Software and replace prior or contemporaneous oral or written
discussions about the same subject.
29.2 Mandatory law controls first. Next, a separately signed written agreement
or license certificate controls. Next, transaction-specific Storefront terms
control only for payment, delivery, refunds, and platform requirements. This
Agreement otherwise controls the Software license. Documentation controls for
technical operation, disclosed features, system requirements, and support details.
29.3 A purchase order, invoice form, procurement term, email, or other document
issued by you does not modify this Agreement unless Kobra Fleetworks expressly
accepts the modification in a writing signed by an authorized representative.
30. SEVERABILITY AND REFORMATION
--------------------------------
If a court or other competent authority finds a term invalid, illegal, unfair,
or unenforceable, that term will be enforced only to the maximum lawful extent
and, where legally permitted, narrowed only as much as required. If it cannot
lawfully be narrowed, it will be severed. The remaining terms will continue only
if the Agreement can lawfully and practically continue without the affected
term. This section does not authorize a court to rewrite an unfair consumer term
where applicable law instead requires that the term be treated as non-binding.
31. NO WAIVER
-------------
A failure or delay in enforcing a term is not a waiver. A waiver is effective
only if it is in writing and signed by the party granting it, and it applies only
to the specific instance stated.
32. FORCE MAJEURE
-----------------
To the extent permitted by law, Kobra Fleetworks is not liable for delay or
failure in optional support, update delivery, hosting, or distribution caused by
events beyond its reasonable control, including natural disaster, war,
terrorism, civil unrest, labor dispute, utility or network failure, cyberattack,
government action, supplier failure, Storefront outage, or widespread hardware
or operating-system defect. This section does not excuse an obligation or
consumer remedy that applicable law does not permit Kobra Fleetworks to exclude.
33. INTERPRETATION
------------------
33.1 Headings are for convenience and do not limit the text.
33.2 "Including" means "including without limitation." "Or" is inclusive unless
the context clearly requires otherwise. The singular includes the plural and the
plural includes the singular.
33.3 The English-language version controls only to the extent permitted by law.
A translation is provided for convenience unless local law requires the
translated version to control.
33.4 No person other than you and Kobra Fleetworks is an intended third-party
beneficiary, except that the protected parties identified in Sections 19 and 20
may enforce those sections to the extent permitted by law.
34. CONTACT INFORMATION
-----------------------
Kobra Fleetworks LLC
Attn: Kobra Digital Rain Legal / Support
5900 Balcones Drive, Suite 100
Austin, Texas 78731
United States
Support Email: kobrafleetworks@outlook.com
Phone: (512) 387-1771
Legal Notices Email: kobrafleetworks@outlook.com
Website: https://www.kobrafleetworks.com
Copyright (c) 2026 Kobra Fleetworks LLC. All rights reserved.
