End User License Agreement
PLEASE READ CAREFULLY BEFORE USING THIS HARDWARE OR SOFTWARE AVAILABLE ON YOUR COMMODORE64 ULTIMATE COMPUTER:
This End-User license Agreement (“EULA”) is a legal agreement between (a) you (either an individual or a single entity) and (b) Commodore International Corporation, MOS Technology, Inc., Commodore Corporation BV, or its or their subsidiaries or affiliates (collectively “Commodore”) that governs your use of any Software Product, installed on or made available by Commodore for use as a standalone product or with your Commodore product ("Commodore Product") that is not otherwise subject to a separate license agreement between you and Commodore or its suppliers. The term “Software Product” includes application software, firmware, operating systems, drivers, and any other types of software and may include associated media, printed materials, and online or electronic documentation.
AN AMENDMENT OR ADDENDUM TO THIS EULA MAY ACCOMPANY THE COMMODORE PRODUCT OR THE SOFTWARE PRODUCT. IN THE EVENT OF A CONFLICT BETWEEN ANY SUCH AMENDMENT OR ADDENDUM AND THIS EULA, THE TERMS OF THE AMENDMENT OR ADDENDUM SHALL CONTROL.
RIGHTS IN THE SOFTWARE PRODUCT ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THESE LICENSE TERMS, YOUR SOLE REMEDY IS TO RETURN THE ENTIRE UNUSED PRODUCT (HARDWARE AND SOFTWARE) WITHIN 14 DAYS FOR A REFUND SUBJECT TO THE REFUND POLICY OF YOUR PLACE OF PURCHASE.
THIS EULA IS A GLOBAL AGREEMENT AND IS NOT SPECIFIC TO ANY PARTICULAR COUNTRY, STATE OR TERRITORY. IF YOU ACQUIRED THE COMMODORE PRODUCT OR THE SOFTWARE PRODUCT AS A CONSUMER WITHIN THE MEANING OF RELEVANT CONSUMER LEGISLATION IN YOUR COUNTRY, STATE OR TERRITORY, THEN DESPITE ANYTHING TO THE CONTRARY IN THIS EULA, NOTHING IN THIS EULA AFFECTS ANY NON-EXCLUDABLE STATUTORY RIGHTS OR REMEDIES THAT YOU MAY HAVE UNDER SUCH CONSUMER LEGISLATION; THIS EULA IS SUBJECT TO THOSE RIGHTS AND REMEDIES.
1. GRANT OF LICENSE. Commodore grants you the following rights provided you comply with all terms and conditions of this EULA:
a. Use. You may use the Software Product on a single Commodore Product. If the Software Product is provided to you via the internet and was originally licensed for use on more than one Commodore Product, you may install and use the Software Product only on those Commodore Products. You may not separate component parts of the Software Product for use on more than one Commodore Product. You do not have the right to distribute the Software Product. You may load the Software Product into your Commodore Product’s temporary memory (RAM) for purposes of using the Software Product, if not already so loaded.
b. Storage. You may copy the Software Product into the local memory or storage device of the Commodore Product.
c. Copying. You may make archival or back-up copies of the Software Product, provided the copy contains all of the original Software Product's proprietary notices and that it is used only for back-up purposes.
d. Reservation of Rights. To the maximum extent permitted by applicable law, Commodore and its suppliers reserve all rights not expressly granted to you in this EULA.
e. Hardware. Commodore Products are sold, not licensed. This EULA does not grant you any license rights in the hardware itself. Your rights in the Commodore Product hardware are limited to ownership of the physical device, subject to Commodore’s limited warranty and any applicable statutory consumer rights. The software provided with the Commodore Product is licensed to you under this EULA and not sold, even if Commodore charged a purchase price for the Commodore Product. In the event of a conflict between the limited hardware warranty and this EULA, the limited hardware warranty shall govern with respect to the physical Commodore Product.
f. Freeware. Notwithstanding the terms and conditions of this EULA, all or any portion of the Software Product which constitutes non-proprietary Commodore software or software provided under public license by third parties ("Freeware"), is licensed to you subject to the terms and conditions of the software license agreement accompanying such Freeware whether in the form of a discrete agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the Freeware by you shall be governed entirely by the terms and conditions of such license.
g. Recovery Solution. Any software recovery solution provided with/for your Commodore Product, whether in the form of a hard disk drive-based solution, an external media-based recovery solution (e.g. memory stick) or an equivalent solution delivered in any other form, may only be used for restoring the original configuration of the Commodore Product.
2. ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to the original Software Product provided by Commodore unless Commodore provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail.
3. THIRD-PARTY LICENSED SOFTWARE. The Commodore Product may include or provide access to software, content, or services owned or licensed by third parties (“Third-Party Software”). Such Third-Party Software is provided to you subject to separate license terms and conditions imposed by the applicable third party. To the extent required by the applicable license terms, those license terms will govern your use of the Third-Party Software in place of this EULA. Commodore is not a party to, and makes no representations or warranties with respect to, such Third-Party Software. You agree that Commodore shall not be responsible or liable for your use of any Third-Party Software or for any failure of such Third-Party Software to operate as intended.
4. TRANSFER.
a. Third Party. The initial user of the Software Product may make a one-time transfer of the Software Product to another end user. Any transfer must include all component parts, media, printed materials, this EULA, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred product must agree to all the EULA terms. Upon transfer of the Software Product, your license is automatically terminated.
b. Restrictions. You may not rent, lease, or lend the Software Product or use the Software Product for commercial timesharing or bureau use. You may not sublicense, assign, or transfer the license or Software Product except as expressly provided in this EULA.
5. PROPRIETARY RIGHTS. All intellectual property rights in the Software Product and user documentation are owned by Commodore or its suppliers or license partners, and are protected by law, including but not limited to United States copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. You shall not remove any product identification, copyright notices, or proprietary restrictions from the Software Product.
6. ONLINE SEARCH AND USER-DOWNLOADED CONTENT. The Commodore Product may include an online search feature or similar functionality (“Online Search Tool”) that enables you to access, download, or run third-party content, software, or services. Commodore does not control, endorse, or assume responsibility for any third-party content, software, or services that you may access through the Online Search Tool. You are solely responsible for ensuring that any content you download, install, or use is properly licensed to you and that your use complies with applicable laws, including intellectual property and copyright laws. Commodore makes no representation or warranty that use of the Online Search Tool will not expose you to third-party material that is infringing, harmful, inaccurate, or otherwise objectionable. Commodore expressly disclaims any liability arising from your access to or use of third-party content through the Online Search Tool.
7. LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that the right to do so is mandated under applicable law notwithstanding this limitation or it is expressly provided for in this EULA.
8. TERM. This EULA is effective unless terminated or rejected. This EULA will also terminate upon conditions set forth elsewhere in this EULA or if you fail to comply with any term or condition of this EULA.
9. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMMODORE AND ITS SUPPLIERS AND LICENSE PARTNERS PROVIDE THE SOFTWARE PRODUCT "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES, DUTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES: (i) OF FITNESS FOR A PARTICULAR PURPOSE; (ii) OF MERCHANTABILITY; (iii) OF TITLE, (iv) OF NONINFRINGEMENT, (v) THAT THE SOFTWARE PRODUCT WILL FUNCTION WITH NON-COMMODORE SUPPLIES OR ACCESSORIES; AND (vi) OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE PRODUCT. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety.
10. LIMITATION OF LIABILITY. Subject to local law, notwithstanding any damages that you might incur, the entire liability of Commodore and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you separately for the Software Product or U.S. $5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMMODORE OR ITS SUPPLIERS BE LIABLE FOR (A) ANY LOSS OF PROFITS, BUSINESS, REVENUE, ANTICIPATED SAVINGS, GOODWILL, DATA, OR CONTRACTS, (B) ANY TYPE OF SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, (C) BUSINESS INTERRUPTION, (D) PERSONAL INJURY, OR (E) LOSS OF PRIVACY, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF COMMODORE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental, consequential, product liability, or certain direct damages, so the above limitation or exclusion may not apply to you.
11. U.S. GOVERNMENT CUSTOMERS. Consistent with FAR 12.211 and 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed to the U.S. Government under Commodore’s standard commercial license.
12. COMPLIANCE WITH EXPORT LAWS. You shall comply with all laws and regulations of the United States and other countries ("Export Laws") to assure that the Software Product is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including, without limitation, nuclear.
13. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the legal age of majority in your state or country of residence and, if applicable, you are duly authorized by your employer to enter into this contract.
14. GOVERNING LAW AND JURISDICTION. This EULA and any disputes arising out of or in connection with it shall be governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without regard to conflict-of-law principles. You and Commodore agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware, U.S.A., for the resolution of any disputes, except where applicable mandatory consumer protection laws of your country, state, or territory provide otherwise and cannot be waived or altered by contract.
15. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Commodore Product) is the entire agreement between you and Commodore relating to the Software Product, and this EULA supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any Commodore policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. Should any term, condition or provision of this EULA be held invalid or unenforceable as to any party or circumstance, such ruling shall not affect the validity and enforceability of the remaining terms, conditions, and provisions of this EULA.
16. CONSUMER RIGHTS. Consumers in some countries, states, or territories may have the benefit of certain statutory rights, remedies, localizations, and limitations under consumer legislation in respect of which Commodore’s liability cannot lawfully be excluded or limited. Notwithstanding anything to the contrary in this EULA, if you acquired the Commodore Product or licensed the Software Product as a consumer within the meaning of relevant consumer legislation in your country, state, or territory, the provisions of this EULA (including the disclaimers of warranties, limitations and exclusion of liability) must be read subject to applicable law and apply only to the maximum extent permitted by such applicable law. For example:
EUROPEAN UNION. If you acquired the Commodore Product or Software Product as a consumer within the European Union, you may have rights under Directive (EU) 2019/770 (Digital Content and Digital Services Directive) and Directive (EU) 2019/771 (Sale of Goods Directive). These rights include, without limitation, that digital content supplied must conform to the contract, be fit for ordinary purposes, and receive updates necessary to remain in conformity. Nothing in this EULA limits or excludes any rights you may have under applicable EU consumer legislation.
UNITED KINGDOM. If you acquired the Commodore Product or Software Product as a consumer in the United Kingdom, you may have rights under the Consumer Rights Act 2015. These rights include, without limitation, that goods and digital content must be as described, of satisfactory quality, and fit for their particular purpose. Nothing in this EULA limits or excludes any rights you may have under the Consumer Rights Act 2015.
AUSTRALIA: If you acquired the Software Product as a consumer within the meaning of the ‘Australian Consumer Law’ under the Australian Competition and Consumer Act 2010 (Cth), then despite any other provision of this EULA:
(1) The Software Product comes with guarantees that cannot be excluded under the Australian Consumer Law, including that goods will be of acceptable quality and services will be supplied with due care and skill. If Commodore fails to comply with any such consumer guarantee, Commodore’s or Commodore’s licensors’ liability is limited to the following:
(A) in connection with the provision of warranty and support services for the Software Product, to any one or more of the following (at Commodore’s discretion): (i) the supplying of the services again; or (ii) the payment of the costs of having the services supplied again; and
(B) in connection with the provision of the Software Product, to any one or more of the following (at Commodore’s discretion): (i) the replacement of the Software Product or the supply of equivalent software; (ii) the repair of the Software Product; (iii) the payment of the costs of replacing the Software Product or of acquiring equivalent software; or (iv) the payment of the costs of having the Software Product repaired; and
(C) otherwise, to the maximum extent permitted by law;
(2) Nothing in this EULA excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by the Australian Consumer Law which cannot be lawfully excluded or limited; and
(3) The benefits provided to you by the warranties in this EULA are in addition to other rights and remedies available to you under applicable law in relation to the goods or services to which the warranty relates.
If you think that you are entitled to any warranty under this EULA or any of the above remedies, please contact Commodore at:
Commodore International Corporation
8 The Green, Ste A
Dover, DE 19901
USA
http://www.commodore.net
NEW ZEALAND: If you are purchasing goods for personal, domestic or household use or consumption and not for the purpose of a business as a New Zealand consumer, you are entitled to repair, replacement, or refund for a failure, as well as compensation for other reasonably foreseeable loss or damage as a result of the failure.
17. OPEN SOURCE SOFTWARE. The Commodore Product may include open-source software components that are subject to separate license terms. To the extent required by the license terms of any open-source software, those terms will apply in place of the terms of this EULA solely with respect to that open-source software, and Commodore will make the applicable open-source licenses and source code available upon request or as otherwise required by such licenses. Nothing in this EULA limits your rights under, or grants you rights that supersede, the license terms of any applicable open-source software license.
18. Survival. Upon termination of this EULA for any reason, Sections 1(d) (Reservation of Rights), 3 (Transfer), 4 (Proprietary Rights), 5 (Limitation on Reverse Engineering), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (U.S. Government Customers), 10 (Compliance with Export Laws), 11 (Capacity and Authority to Contract), 12 (Governing Law and Jurisdiction), 13 (Entire Agreement), 14 (Consumer Rights), and 15 (Open Source Software), together with any other provisions that by their nature are intended to survive, shall survive and remain in full force and effect.
© Copyright 2025, Commodore International Corporation.
The information contained herein is subject to change without notice. The only warranties for Commodore products and services are set forth in the express warranty statements accompanying such products and services. Nothing herein should be construed as constituting an additional warranty. Commodore shall not be liable for technical or editorial errors or omissions contained herein.
First Edition: September 2025