Terms and Conditions for Website Usage

Last Updated and Effective as of April 20th, 2023
These Terms of Use replace and supersede all prior versions.

These Terms and Conditions of Use (the "Terms of Use") apply to the KeynotePro web site located at keynotepro.com (the "Site"). The Site is the property of KeynotePro, and by extension, parent company WalrusGroup LLC, whose registered office is 22 Pepperbrush Trl, Arden, NC 28704.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy governs KeynotePro's relationship with you in relation to this website. KeynotePro reserves the right, at its sole discretion, to change, modify, add to, or remove portions of these Terms of Use at any time.

General Terms

The use of this website is subject to the following general terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
• KeynotePro.com contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
• Except as specifically stated herein, nothing contained on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo or service mark of KeynotePro or any other party that may be displayed on the website without the written permission of KeynotePro or such third party that may own such mark or logo. Your use of such marks or logos, or any other content on the website, is strictly prohibited, except as stated herein. You are also advised that KeynotePro will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• KeynotePro may make changes to any software products offered, or to the prices for any such products, at any time and without notice.
• The information provided by KeynotePro.com may be out of date and we make no guarantees of timely updates and information.
• KeynotePro reserves the right to modify, terminate, or suspend access to the KeynotePro Site at any time and without notice.
• All sales at KeynotePro are subject to North Carolina law, and are subject to the Sales and Refund Policy as disclosed.

Software

Any software that is made available to download from KeynotePro (the "Software") is the copyrighted work of KeynotePro. Use of the Software is governed by the terms of the End User License Agreement, which accompanies or is included with the Software (the "License Agreement"). An End User will be unable to install any Software that is accompanied by or includes a License Agreement, unless they first agree to the License Agreement terms. Third party software, linked to or referenced from this Site, is licensed to you by the third parties that own the software, not by KeynotePro.

The Software is made available for download for use solely by End Users according to the License Agreement. Any reproduction or redistribution of the Software that is not in accordance with the License Agreement is expressly prohibited by law and may result in civil or criminal penalties.

Limitation of Liability

In no event shall KeynotePro be liable for any special, indirect, or consequential damages whatsoever resulting from loss of use, data, or profits arising out of or in connection with the use or performance of the Site or Software, associated documents, or information available from the Site.

Accounts, Passwords, and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a KeynotePro ID and password). You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify KeynotePro immediately of any unauthorized use of your account or any other breach of security.

You may not use anyone else's KeynotePro ID, password, or account at any time without the express permission and consent of the holder of that KeynotePro ID, password, or account. KeynotePro will not be liable for any loss or damage arising from your failure to comply with these obligations.

No Unlawful or Prohibited Use

You may not use the Site, Software, or any content included or contained therein for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or activity which infringes the rights of KeynotePro or others. You may not use the Site or Software in any manner that could damage, disable, overburden, or otherwise impair any KeynotePro server, or the network(s) connected to any KeynotePro server, or interfere with another party's use and enjoyment of the Site, Software, or content.

No Rights to Volunteered Information

Should you respond with information, feedback, data, questions, comments, and/or suggestions, with the exception of information subject to the KeynotePro Privacy Policy as disclosed in the KeynotePro Privacy Policy, that response will not be treated as confidential, and KeynotePro shall be free to reproduce, use, disclose, and distribute the response to others, without limitation. You agree that KeynotePro is free to use any ideas, concepts, algorithms, or techniques contained in your response for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and/or services incorporating your ideas, concepts, algorithms, and techniques. This volunteered information does not impact, in any way, the security or privacy of your personal information subject to the KeynotePro Privacy Policy.

KeynotePro Privacy Policy

Last Updated and Effective as of April 20th, 2023
This Policy replaces and supersedes all prior versions.

KeynotePro is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using the Site, you can be assured that it will only be used in accordance with this Privacy Policy. Aggregated data is considered non-personal data for the purposes of this Privacy Policy. KeynotePro may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

What We Collect

As a matter of policy, we endeavor to collect only the personal data that we need to provide our Software to you or otherwise conduct business with you. You provide some of this data directly, and we get some of it by collecting data about your interactions, use, and experiences with the Site. Where providing the data is optional, and you choose not to share personal data, some features of the Site that use that data, like personalization, will not work for you.

We may collect the following information when you use the Site:

• Account Information: Your KeynotePro ID and related account details, including your email address
• Contact Information: Data such as your Name, physical Address, or other contact information
• Payment Information: Data regarding your Billing Address and Method of Payment, such as bank, credit, debit, or other payment card information
• Fraud Prevention Information: Data used to help identify, deter, and prevent fraud on the Site
• Usage Data: Data about your activity on and use of the Site, including performance and other diagnostic data, crash data, and other interactions and usage
• Other Information You Provide: Data such as the content of your communications with KeynotePro, including interactions with Customer Support and contacts through external channels such as social media

How We Use This Data

KeynotePro uses this personal data to provide our services and Software, to process your transactions, to communicate with you, for security purposes and fraud prevention, or as necessary to comply with law. This includes sharing that data when it is required to provide a particular service or to carry out any transactions you initiate. KeynotePro will not sell, rent, or share your personal information with third parties in a manner that differs from what is described in this Privacy Policy without your prior consent.

• Providing Services and Software: Your personal data may be used to provide the Software or other associated services to you, such as when you access or download the Software
• Processing Your Transactions: Your personal data may be used to process transactions, including your Name, Billing Address, purchase details, and payment information.
• Communicating with You: Your personal data may be used to respond to communications, to communicate with you about your account or transactions, to market our products and services when you opt-in to those communications, or to provide other relevant information
• Security and Fraud Prevention: Your personal data may be used for loss prevention or to prevent fraud
• Complying With Applicable Law: Your personal data may be used to comply with applicable law, including tax or reporting obligations, or to comply with a lawful governmental request

Cookies and Local Storage

A cookie is a small text file that a web site saves to your devices's local storage in order to store or reference information that you provide about yourself, or to otherwise store your preferences. For example, the KeynotePro Site uses cookies whenever you sign in so that the server understands who it's responding to: these allow you to move from page to page within restricted areas of the site for a period of time without having to sign in again with each request. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

Necessary Cookies

We may store cookies on your device if they're necessary for Site operations or are otherwise required for you to navigate and use key functionality throughout the Site.

These cookies are necessary for the Site to work properly and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your communication preferences, logging in, or filling in forms.

KeynotePro Sales & Refund Policy

Last Updated and Effective as of April 20th, 2023
This Policy replaces and supersedes all prior versions.

By making a purchase on the KeynotePro Site, you agree to the terms set forth below, along with KeynotePro's Privacy Policy and Terms of Use.

Hours of Operation

Product information, pricing and sales are available online, 24 hours a day at KeynotePro.com. Customer Support is available via email, typically between the hours of 9AM and 7PM Eastern(US) Monday through Friday. We do not process orders by phone or by mail.

Sales to End Users Only

KeynotePro.com sells products to end-users only. All products are subject to an End-User License Agreement. Resale or redistribution of products offered on the KeynotePro website is expressly forbidden.

Online Order Fulfillment

All orders, unless otherwise noted, are available for immediate download. At the time of checkout, we will obtain an authorization from the Payment Method you provide. Once your transaction is complete, downloads for each Software product licensed will be added to the File Library page on Your Account, which can be accessed at any time after your order. If the transmission is interrupted in any way during download, you can use your KeynotePro account and password to begin the downloading process again.

Electronic Software Downloads

Our products are electronic software downloads only and not available on a CD, DVD, or other physical media. As such, we suggest you make a back up copy of your purchase(s).

Access to Files

After purchase you will have access to your file(s) from the File Library page on Your Account. You will be able to download the file twice without any additional intervention required. If you change computers or simply need access to your files again beyond that limit, contact customer support and we will be happy to assist you in most cases. Please be aware, however, that after downloading the file(s) you have purchased one time our obligation to you under the terms of sale is fulfilled and the courtesy of additional downloads is not a guarantee.

Proof of Purchase / Receipt

A Printable receipt will be presented to you at the end of your transaction. Additionally, an email version of the receipt will be forwarded to your registered email address. You may obtain a re-printable receipt by logging into Your Account on the KeynotePro.com website and retrieving your Order History.

Price Corrections

Should KeynotePro reduce the price on any product within 14 calendar days from the date you license your product, please Contact Customer Support to request a refund or credit of the difference between the price you were charged and the current selling price. Please note that this excludes limited-time price reductions, such as those that may occur during special sales events, such as Black Friday or Cyber Monday sales.

Refunds or Returns

Refunds are provided only for non-downloaded products, excepting cases in which multiple copies of a single item have been erroneously purchased, for up to 30 Days from the time of purchase. A store credit or exchange may be offered instead of a refund at the discretion of KeynotePro. You may not retain or otherwise use any copies of refunded or returned software.

Tender and Pricing

All sales are in US Dollars only. If you are paying for your order with an international credit card, please note that the purchase price may fluctuate with exchange rates. In addition, your bank or credit card issuer may also charge you foreign conversion charges and fees, which may also increase the overall cost of your purchase. Please contact your bank or credit card issuer regarding any such fees.

Pricing is subject to change without notice.

KeynotePro End-User License Agreement (EULA)

Last Updated and Effective as of April 20th, 2023
This Policy replaces and supersedes all prior versions.

IMPORTANT – READ CAREFULLY: This KeynotePro End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and KeynotePro for the KeynotePro software you have licensed, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (collectively, the "Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy or otherwise use the Software.

Software License

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold, and no ownership right is conveyed to you.

Grant of License

This EULA grants you the following limited, non-exclusive rights:

• You may install and use a reasonable number of copies of the Software on computers at your premises.
• You may not rent, lease, sublicense or lend the Software.
• You may not create derivative works for sale based upon the Software.

Support Services

KeynotePro is not obligated to provide technical or other support ("Support Services") for the Software. KeynotePro may provide you with online support services related to the Software, in its discretion and for the sole purpose of addressing technical issues relating to the use of the Software. Support Services also include access to bug fixes, patches, modifications, or enhancements (together, "Releases") to the Software that KeynotePro makes generally commercially available. When accepted by you, any such Releases will be considered part of the Software and subject to the terms of this EULA.

Software Transfer

You may make a permanent transfer of this EULA and the Software directly to an end user provided no copies are retained. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, and this EULA). Such transfer may not be by way of consignment or any other indirect transfer. You may not receive any payment or other compensation for transferring the Software and the transferee of such transfer must agree to comply with the terms of this EULA. If the Software portion is an upgrade, any transfer must include all prior versions of the Software.

Reserved Rights

KeynotePro retains all rights, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof.

Termination

Without prejudice to any other rights, KeynotePro may terminate this EULA if you fail to comply with the terms and conditions of this EULA.

Disclaimer of Warranties

To the maximum extent permitted by applicable law, KeynotePro provides the SOFTWARE AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the Software, and the provision of or failure to provide Support Services.

Some states or localities do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary by state or locality.

Limitation of Liability

KeynotePro shall not be liable to you or any third party for any indirect, special, incidental, punitive, cover or consequential damages (including, but not limited to, damages for the inability to use equipment or access data, loss of business, loss of profits, business interruption or the like), arising out of the use of, or inability to use, the Software and based on any theory of liability including breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if KeynotePro or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.

Severability

If any term of this EULA is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this EULA will remain in full force and effect.

Entire Agreement

This EULA constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this EULA by any representations or promises not specifically stated herein. This EULA may not be modified or amended by you without KeynotePro's written agreement (which may be withheld in KeynotePro's complete discretion).