Advanced Installer - End User License Agreement
THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU(EITHER AN INDIVIDUAL OR, IF PURCHASED OR ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND
CAPHYON. IT PROVIDES A LICENSE TO USE THIS SOFTWARE AND CONTAINS WARRANTYINFORMATION AND LIABILITY DISCLAIMERS. BY DOWNLOADING, INSTALLING OR USING THE
SOFTWARE YOU ARE INDICATING YOUR ASSENT TO THE TERMS OF THIS LICENSE. IF YOU DO NOTAGREE TO ALL OF THE FOLLOWING TERMS, DO NOT DOWNLOAD OR INSTALL THE SOFTWARE,
DISCONTINUE ITS USE IMMEDIATELY AND DESTROY ALL COPIES IN YOUR POSSESSION.
1. DEFINITIONSa) "Caphyon" means Caphyon SRL.
b) "Software" means the executable code of Advanced Installer, additional tools, libraries, source
files, header files, data files, any updates or error corrections provided by Caphyon, any user
manuals, guides, printed materials, on-line or electronic documentation.
c) "License Key" means a serial number issued to you by Caphyon to activate and use the Software.
d) "Named User" is an individual authorized by You to use the Software through the assignment of asingle user ID, in your Account, regardless of whether or not the individual is using the Software atany given time. A non-human operated device is counted as a User in addition to all individuals
authorized to use the Software, if such device can access the Software.
e) "Maintenance Plan" is a time-limited right to technical support and Software updates andupgrades. Technical support only covers issues or questions resulting directly out of the operation of
the Software. Caphyon will not provide you with generic consultation, assistance, or advice under
any other circumstances.
f) "Account" reffers to the Advanced Installer account that you create either by signing up on thiswebsite or when you purchase an Advanced Installer product, with all its related items (users andlicenses).
g) "Subscription" means the annual paid plan you choose on your own, that sets the terms of use of
Advanced Installer according to its Attributes.
h) "Attributes" - means the characteristics of a Subscription, included in the description of that
Subscription.
i) "Registration" means the process by which you sign up for an Account and provide current andaccurate identification information with the scope of accessing and using the Software.
2. LICENSE GRANTS
2.1 Freeware Features License. Caphyon grants you an unlimited license to use the Freeware
Features of the Software. The install packages created using only the Freeware Features can be freely
redistributed and used both in commercial and non-commercial purpose.
2.2 Trial Period License. You may download and use the Software for free for thirty (30) days after
installation ("Trial Period"). During the Trial Period, Caphyon grants You a limited, non-exclusive, nontransferable, non-renewable license to copy and use the Software for evaluation purposes only andnot for any commercial use. At Caphyon's discretion, Caphyon may provide limited support throughemail or discussion forums at Caphyon web site. The evaluation copy of the Software contains afeature that will automatically disable the Software at the end of Trial Period. Caphyon will have noliability to you if this feature disables the Software.
2.3 License After Trial Period. This Software is licensed, not sold. During the Trial Period, You have theoption of paying a license fee in order to use the Software after the expiration of the Trial Period orpurchase an annual Subscription. Upon your payment of the license or subscription fee, Caphyon
provides you with a permanent registration number ("License key") and grants you a limited, nonexclusive, non-transferable license to:a) use the Software on a Named User basis meaning specific individuals are authorized to access theSoftware and the total number of named users may not exceed the total number licensed by You.
b) copy the Software in machine-readable form solely for archival and backup purposes.
c) freely create and redistribute an unlimited number of install packages to an unlimited number ofusers.
d) A Team Subscription owner can authorize up to 5 Named Users, including build machines, to use
the Software. After the expiration of your subscription, you are legally obligated to discontinue youruse of Software and remove the Software from your system.
2.4 The Named User of the Software may install and use the Software on up to five computers(including operating systems and Virtual Machine Environments).
2.5 Floating License. Under the terms of a Floating License, you may install the Software on an
unlimited number of machines. All machines using the Software must have the ability tocommunicate with a license server. The number of users that may use the Software concurrently at
any time must not exceed the number of Floating User Licenses purchased for such use.
2.6 Express Features License. Caphyon grants you an unlimited license to use the Express Features of
the Software. The install packages created using only the Express Features can be freely redistributed
and used both in commercial and non-commercial purpose.
3. LICENSE RESTRICTIONS
3.1 You shall undertake any necessary steps to protect the License Key against unauthorized use.
3.2 You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse
engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
3.3 You may not sell, rent, lease, sub license, transfer, resell for profit or otherwise distribute theSoftware or any part thereof.
3.4 You may not modify the Software or create derivative works based upon the Software.
3.5 You may not remove or obscure any copyright and trademark notices relating to the Software.
4. USE OF LICENSING FUNCTIONALITY
4.1 If you have licensed a qualifying edition of the Software, you may use the functionality labeled"Licensing" solely for the purposes of applying the Licensing functionality processes and/or
restrictions to your products and distributing such products to your end users for their trial purposes
for a predetermined period of time. For the avoidance of doubt, the foregoing limitations apply only
to your use of the Licensing functionality and not your use of the Software in general.

4.2 You may not use or apply the Licensing functionality for the benefit of any software products
which are not owned by you.
5. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
5.1 This Agreement gives you limited rights to use the Software. Caphyon retains all rights, title andinterest in and to the Software and all copies thereof, including copyrights, patents, trade secretrights, trademarks and other intellectual property rights. All rights not specifically granted in thisAgreement, including International Copyrights, are reserved by Caphyon. The structure, organizationand code of the Software are valuable trade secrets and confidential information of Caphyon.
6. LIMITATION OF LIABILITY
6.1 Caphyon's cumulative liability to You or any other party for any loss or damages resulting fromany claims, demands, or actions arising out of or relating to this Agreement shall not exceed thelicense fee paid to Caphyon for use of the Software.
6.2 Caphyon shall be relieved of any and all obligations for any portions of the software that arerevised, changed, modified, or maintained by anyone other than Caphyon.
7. PATENT AND COPYRIGHT INDEMNITY
7.1 Caphyon represents and warrants that the Software shall not infringe or misappropriate any
copyrights, patents, trade secret rights, trademarks and other intellectual property rights.
7.2 In the event the Software is found to infringe, Caphyon will have the option, at its expense, toa) modify the Software to cause it to become non-infringing;b) substitute the Software with other Software reasonably suitable to You, orc) if none of the foregoing remedies are commercially feasible, terminate the license for the
infringing Software and refund any license fees paid for the Software.
7.3 Caphyon will have no liability for any claim of infringement based ona) code contained within the Software which was not created by Caphyon;b) use of a superseded or altered release of the Software, except for such alteration(s) or
modification(s) which have been made by Caphyon or under Caphyon's direction, if such
infringement would have been avoided by the use of a current, unaltered release of the Softwarethat Caphyon provides to You, orc) the combination, operation, or use of any Software furnished under this Agreement with programs
or data not furnished by Caphyon if such infringement would have been avoided by the use of the
Software without such programs or data.
8. LIMITED WARRANTIES
8.1 THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. CAPHYON MAKES NO WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION, YOU ASSUME
SOLE RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND
FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. CAPHYON MAKES NO
WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE OR FREE FROM INTERRUPTIONS OR OTHER

FAILURES. IN PARTICULAR, THE SOFTWARE IS NOT DESIGNED FOR USE IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE. CAPHYON EXPRESSLY DISCLAIMS ANYWARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES.
8.2 Caphyon warrants that it holds the proper rights allowing it to license the Software and is not
currently aware of any actions that may affect its rights to do so.
8.3 Caphyon cannot guarantee that the Software will work at all times. If you change your operating
system, the software may not work anymore. You acknowledge and agree that such changes are fairand reasonable.
8.4 You should make sure that it is legal to use the Software in your country or jurisdiction. Caphyon
only provides a license for You to use the software. It is Your responsibility to make sure that You areallowed to use the Software.
8.5 Caphyon reserves the right at any time to cease the support of the Software and to alterprospectively the prices, features, specifications, capabilities, functions, licensing terms, release
dates, general availability or other characteristics of the Software.
9. MAINTENANCE PLAN AND SUBSCRIPTION GOVERNING CONDITIONS
9.1 At any time prior to the expiration of your Maintenance Plan and 14 days after, you may purchasean extension to the current Maintenance Plan. This additional Maintenance Plan will extend theavailability of your current Maintenance Plan for a period of time beginning with the date when your
Maintenance Plan expires.
9.2 For a limited time after the expiration of your Maintenance Plan, you may purchase a renewal ofyour Maintenance Plan. This will provide you with a new Maintenance Plan that will begin at thedate the renewal is purchased.
9.3 If you do not purchase any additional Maintenance Plan, you will still have the right to use theexisting Software but you will lose the right to technical support and Software updates and upgrades
as of the date your current Maintenance Plan expires. Backward compatibility with certain cloud
integrations (e.g. Intune, GitHub, Azure DevOps, Installer Analytics, and others) for older versions ofAdvanced Installer will not be provided indefinitely. For the best integration experience, we
recommend using a version of Advanced Installer released in the last 24 months.
9.4 For customers that purchase or already own multiple licenses, a Maintenance Plan must bepurchased for each license.
9.5 Technical support is provided via electronic mail at the address specified on the web site.
Caphyon will use its best efforts to provide you with technical support within forty-eight (48)business hours of your request. Please check our website to find our latest contact information.
9.6 Each Subscription has an annual fee, based on the Attributes of the Subscription. You may not
use the Software after your Subscription has expired.
9.7 If you choose to upgrade to a higher Subscription level you can do this directly from yourAccount. By upgrading a Subscription, you agree to pay for the Software provided according to that
Subscription fee.
9.8 Subscribers are responsible for taking action prior to renewal if you do not want yourSubscription to renew automatically. You might not receive further notice of your renewal afterregistering for an account or subscription, and must visit your Subscription and Billing page to findout when your account or subscription is set to renew. Subscriptions recur annually.
9.9 You are responsible to ensure that the credit card associated with your account or subscription is
up to date, that the information posted in connection with it is accurate, and that you are authorized
to use it. If Caphyon cannot charge your credit card, your subscription may get canceled and you willlose access to the Software associated with your Subscription.
9.10Invoiced Subscriptions. Some accounts can pay via invoicing with mutual agreement between
the parties. There may be extra fees associated with invoiced accounts. If Caphyon has agreed toenter into an invoicing relationship with you, all invoices must be paid within 30 days. You agree that
Caphyon may charge interest of 1.5% per month for past due accounts and that you are liable forattorneys' fees and reasonable collection costs arising from Caphyon's efforts to collect on past due
amounts.
9.11 The latest information is provided on the web site at: www.advancedinstaller.com. Please referto the following web page for additional information regarding Maintenance Plans, Subscriptions,prices and more: www.advancedinstaller.com/licenses.html.
10. SUPPORT
10.1 Except as provided herein, support for the Software is provided to you free of charge while yourcurrent Maintenance Plan or Subscription have not expired. If Caphyon discontinues any version of
the Software, Caphyon reserves the right to limit or cease product support and updates for suchdiscontinued version. Caphyon reserves the right to discontinue free support with thirty (30) days
written notice posted to the Caphyon or the Software web site.
11. INTERNET-BASED SERVICES
11.1 Consent for Internet-Based Services. Certain Software features connect to Caphyon or service
provider computer systems over the Internet. In some cases, you will not receive a separate noticewhen they connect. You may switch off these features or not use them. BY USING THESE FEATURES,
YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Caphyon does not use theinformation to identify or contact you. For more information, seewww.advancedinstaller.com/privacy-policy.html
11.2 Computer Information. The Software features use Internet protocols, which send to theappropriate systems computer information, such as your Internet protocol address, the type ofoperating system, browser and name and version of the software you are using, and the language
code of the device where you installed the software. Caphyon uses this information to make theInternet-based services available to you.
11.3 Installation telemetry data, no personally identifiable software and hardware information, isgathered when you install Advanced Installer through our Installer Analytics platform. This data isused only for improving the software product and services we provide you with.
12. HIGH RISK ACTIVITIES
12.1 The Software is not fault-tolerant and is not designed, manufactured or intended for use or
resale as on-line control equipment in hazardous environments requiring fail-safe performance, suchas in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic
control, direct life support machines, or weapons systems, in which the failure of the Software could
lead directly to death, personal injury, or severe physical or environmental damage ("High Risk

Activities"). Caphyon and its suppliers specifically disclaim any express or implied warranty of fitness
for High Risk Activities.
13. THIRD PARTY SITES AND SOFTWARE
13.1 The Software will direct you to third party Web sites. Caphyon does not control, endorse, or
guarantee content, including software, data or other information found on such third party sites. You
agree that Caphyon is not responsible for any content, associated links, resources, or services
associated with a third party site. You further agree that Caphyon shall not be liable for any loss ordamage of any sort associated with your use of third party content. Access to these sites is provided
for your convenience only.
13.2 The Software contains third party software. By accepting this EULA, You are also accepting theadditional terms and conditions with respect to such software, if any, forth herein.
13.3 Portions of this software are based on the LZMA SDK developed by Igor Pavlov and Scintilladeveloped by Neil Hodgson.
13.4 LZMA SDK is licensed under the terms of CPL with Special Exception. For more information,please visit: https://www.7-zip.org/sdk.html
13.5 Scintilla is licensed under the terms of BSD. For more information, please visit:https://www.scintilla.org/
13.6 Advanced Installer uses HTMLayout Component, copyright Terra Informatica Software, Inc.
(https://terrainformatica.com)
13.7 Portions of this Software use the SQLite database engine which belongs to the Public Domain.
For more information, please visit: http://www.sqlite.org
13.8 This Software uses SQLite ODBC Driver, copyrighted by Christian Werner. For more information,please visit: http://www.ch-werner.de/sqliteodbc/
13.9 This Software uses SVG-for-UWP, copyrighted by Yevhen Cherkes. For more information, please
visit: https://github.com/ycherkes/SVG-for-UWP
14. AUDIT RIGHTS
14.1 Caphyon audits your use of the Software to verify compliance with this Agreement. The
Software is configured to enable periodic HTTPS communication with Caphyon. During thiscommunication, license information is transmitted from the Software to Caphyon to ensure licensecompliance. The information transmitted during these periodic updates includes the operating
system, license serial number, and other relevant information to verify compliance. If you areunwilling to provide this communication capability, you may opt out of ongoing communication, but
you will no longer receive Software updates and search engine configuration updates. If the usage of
the Software is considered to be out of compliance with this Agreement, the Software may, without
notice, cease to function.
14.2 During the audit process, Caphyon has the ability to personally identify the individual that
registered with Caphyon to acquire the Software license ("Registrant") through the identification
number assigned to your account at the time of registration, by using the personal information theRegistrant provided to Caphyon during the registration process. Such personal information will only
be used by Caphyon in connection with such audit process.

15. SEVERABILITY
15.1 If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, suchprovision shall be modified to the minimum extent necessary to make it legal, valid and enforceable,
and the legality, validity and enforceability of all other provisions of this Agreement shall not beaffected.
16. GOVERNING LAW
16.1 This Agreement is to be governed by and construed in accordance with the laws and jurisdictionof the defending party. Service of process upon either party shall be valid if served by registered orcertified mail, return receipt requested and to the most current address provided by such party. The
United Nations Convention on Contracts for the International Sale of Goods shall not apply to thisAgreement.
17. TERMINATION
17.1 Your license to use the Software continues until terminated. This license will terminate
automatically if you fail to comply with any term hereof. If the Software is licensed on subscription
basis, this Agreement will automatically terminate upon the termination of your subscription period.
No notice shall be required from Caphyon to effect such termination. You may also terminate thisAgreement at any time by notifying Caphyon in writing of termination. On termination, you must
destroy all copies of the Software. Your obligation to pay accrued charges and fees shall survive any
termination of this Agreement.
18. ASSIGNMENT
18.1 Neither this Agreement nor any rights granted hereunder may be sold, leased, assigned, orotherwise transferred, in whole or in part, by you, whether voluntary or by operation of law. Anysuch attempted assignment shall be void and of no effect without the prior written consent of
Caphyon.
19. ENTIRE AGREEMENT
19.1 This Agreement contains the entire agreement between Caphyon and You related to thesoftware and supersedes all prior agreements and understandings, whether oral or written. It may beamended only by a writing executed by both parties.