This End User License Agreement ("Agreement") is a legal agreement between you ("User," "you," or "your") and Spooky Group LLC dba Spooky Fish ("Company," "we," "us," or "our") governing your downloading, installation, activation, updating, access to, and use of Tabber and related documentation, updates, services, and components (collectively, the "Software"). By downloading, installing, activating, updating, or using the Software, you agree to this Agreement. If you do not agree, do not download, install, activate, update, or use the Software.
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1. Eligibility
The Software is not directed to children under 13. You may not use the Software if you are under 13 years old. If you are under the age of majority in your jurisdiction, you may use the Software only with permission of a parent or legal guardian.
By downloading, installing, activating, updating, or using the Software, you represent that you meet these requirements and have the authority to enter into this Agreement.
 
2. License Grant
Subject to your compliance with this Agreement and payment of any applicable fees, Company grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software on devices you own or control for your personal use or internal business use.
A license permits use by one individual user for their own personal or internal business use.
The Software is licensed, not sold. All rights not expressly granted in this Agreement are reserved by Company.
 
3. Trial, Activation, and License Validation
The Software may include a free trial or evaluation mode limited by time, number of uses, number of task-switch activations, feature availability, device count, or other limits disclosed in the Software, during installation, or at purchase.
 
After the trial or evaluation limit expires, continued use may require purchase and activation of a valid license.
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The Software may periodically contact Company servers or third-party licensing, payment, analytics, or anti-fraud providers to validate licenses, manage device activations, enforce trial limits, prevent fraud, deliver updates, and maintain security.
Company may suspend or disable license keys, activations, or access that Company reasonably believes are fraudulent, unauthorized, abusive, or used in violation of this Agreement.
 
4. Fees, Purchases, Taxes, and Refunds
Prices, license terms, taxes, renewal terms, and payment methods are as stated at the time of purchase.
Except where required by applicable law or by the rules of the store, marketplace, payment processor, or reseller through which you purchased the Software, all purchases are final and non-refundable.
 
If you purchase through the Microsoft Store, Apple App Store, or another marketplace or reseller, your purchase, billing, cancellation, and refund rights may also be governed by that provider's terms and policies.
 
5. Updates and Changes to the Software
The Software may check for available updates and notify you when a new version is available or when your current version is no longer supported. Updates are not downloaded or installed automatically. Some updates may be required for continued use, license validation, compatibility, or security.
 
Company may modify, suspend, or discontinue features of the Software at any time. Company is not obligated to provide maintenance, support, updates, or particular features unless separately agreed in writing.
 
6. System Interaction and Operating System Permissions
Tabber is a task-switching utility. To provide its features, the Software may interact with operating system functions, monitor active and open application/window state, enumerate open windows, process identifiers, executable names, application icons, window titles, window thumbnails or previews, keyboard shortcut events, display and monitor configuration, foreground-window changes, and related system metadata.
 
The Software may intercept, suppress, or replace certain operating system keyboard shortcuts, including task-switching shortcuts, while the Software is active. The Software may request operating system permissions or elevated privileges where required for compatibility, window activation, keyboard handling, installation, updates, or other functionality.
 
The Software is designed for lawful task-switching and productivity purposes. You are responsible for ensuring that your use of the Software complies with workplace policies, security policies, accessibility policies, and applicable law.
 
7. Privacy and Diagnostic Data
Your use of the Software is also governed by the Company Privacy Policy available at https://spookyfish.com/tabber/privacy, which is incorporated into this Agreement by reference.
 
The Software may collect limited diagnostic, crash, activation, performance, and usage data. This may include pseudonymous identifiers, device and operating system information, Software version, license status, trial status, feature usage events, error logs, stack traces, timestamps, and related technical information.
 
The Software does not intentionally collect the contents of personal files, documents, passwords, full keystroke input, or browsing history. Depending on configuration and operating system behavior, diagnostic or usage data may include technical information such as application names, executable names, window titles, file paths, browser-related window metadata, or other system metadata. The Privacy Policy should be reviewed for the current data practices of the Software.
 
The Software may use third-party service providers such as Google Analytics, Sentry, license-management providers, payment processors, and hosting providers to help operate, secure, analyze, support, and improve the Software.
 
Some diagnostic, activation, anti-fraud, security, or license-validation data may be necessary to provide the Software. Optional analytics or crash-reporting controls, if available, will be described in the Software or Privacy Policy.
 
8. Restrictions
You may not, and may not permit anyone else to: (a) copy, modify, adapt, translate, or create derivative works of the Software except as expressly permitted by law; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, underlying ideas, algorithms, file formats, or interfaces of the
 
Software except to the extent such restriction is prohibited by law; (c) rent, lease, lend, sell, sublicense, distribute, publish, host, or make the Software available to any third party; (d) remove, obscure, or alter proprietary notices, labels, or marks; (e) bypass, disable, tamper with, or circumvent activation, licensing, trial limits, security, anti-fraud, or technical protection measures; (f) use stolen, shared, generated, or unauthorized license keys; (g) use the Software in violation of applicable law or third-party rights; (h) use the Software to interfere with, damage, or gain unauthorized access to any system, network, device, account, or service; or (i) redistribute modified installers, packages, or copies of the Software.
 
9. Ownership and Feedback
Company and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights. No ownership rights are transferred to you.
 
If you provide feedback, suggestions, ideas, bug reports, feature requests, or other comments regarding the Software, you grant Company a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, distribute, display, perform, and otherwise exploit that feedback without restriction or compensation.
 
10. Third-Party and Open-Source Components
The Software may include or be distributed with third-party and open-source components governed by their own license terms. Third-party notices and license terms, if applicable, are provided in the Software, documentation, installer, about box, notices file, or at https://spookyfish.com/tabber/tpn.
 
Nothing in this Agreement limits rights you may have under applicable open-source licenses for open-source components included with the Software.
 
11. Support and Compatibility
Company may provide support through the contact methods listed below or through other channels Company makes available. Company does not guarantee response times, fixes, updates, or support availability unless separately agreed in writing.
 
Company does not warrant that the Software will be compatible with all devices, operating systems, security tools, enterprise policies, accessibility tools, applications, browsers, future updates, or system configurations.
 
Because the Software interacts with operating system task-switching, keyboard, window-management, and security features, third-party security software or operating system protections may restrict, block, warn about, or quarantine the Software. Company is not responsible for third-party security software decisions, but Company may provide updates or guidance to address compatibility issues or false positives.
 
12. Export Compliance and Sanctions
You may not use, export, re-export, import, sell, transfer, or provide access to the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. You represent that you are not located in, under the control of, or a national or resident of any country or person subject to applicable trade sanctions or embargoes that would prohibit your use of the Software.
 
13. Termination
This Agreement remains effective until terminated. Company may terminate this Agreement automatically and without notice if you fail to comply with any term of this Agreement.
 
Upon termination, you must stop using the Software, uninstall the Software, and destroy or delete all copies in your possession or control.
 
Sections concerning ownership, restrictions, feedback, third-party components, disclaimers, limitation of liability, export compliance, governing law, dispute venue, and any other provisions that by their nature should survive termination will survive termination.
 
14. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND COMPATIBILITY.
 
COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF HARMFUL COMPONENTS, COMPATIBLE WITH YOUR SYSTEM, OR THAT DEFECTS WILL BE CORRECTED.
 
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT LIMITS RIGHTS THAT CANNOT BE WAIVED UNDER APPLICABLE LAW.
 
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, COST OF SUBSTITUTE GOODS OR SERVICES, OR DAMAGES ARISING FROM THIRD-PARTY SECURITY SOFTWARE OR OPERATING SYSTEM ACTIONS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO COMPANY FOR THE SOFTWARE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) US $10.
THE LIMITATIONS IN THIS SECTION APPLY TO ALL THEORIES OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, AND STATUTE. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF CERTAIN DAMAGES, SO SOME LIMITATIONS MAY NOT APPLY TO YOU.
 
16. Indemnity
If you use the Software on behalf of a business, organization, or other legal entity, that entity will indemnify, defend, and hold harmless Company and its owners, officers, employees, contractors, licensors, and service providers from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising from your or the entity's use of the Software, violation of this Agreement, violation of law, or infringement of third-party rights.
 
17. Governing Law and Venue
This Agreement is governed by the laws of the State of New York, without regard to conflict-of-law rules.
 
Subject to any rights you may have under applicable consumer protection laws, any dispute arising out of or relating to this Agreement or the Software will be brought exclusively in the state or federal courts located in New York. You and Company consent to personal jurisdiction and venue in those courts.
Company may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, license controls, or security measures.
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18. Changes to this Agreement
Company may update this Agreement from time to time. The updated Agreement will be posted in the Software, on Company's website, during installation or update, or through another reasonable method. Continued use of the Software after the updated Agreement becomes effective constitutes acceptance of the updated Agreement. If you do not agree to the updated Agreement, you must stop using and uninstall the Software.
 
19. Miscellaneous
This Agreement, together with the Privacy Policy and any purchase terms or third-party terms that apply to your purchase or use of the Software, constitutes the entire agreement between you and Company regarding the Software and supersedes prior or contemporaneous understandings regarding the Software.
 
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.
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You may not assign or transfer this Agreement without Company's prior written consent. Company may assign this Agreement in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.
 
Company's failure to enforce any provision of this Agreement is not a waiver of that provision or any other provision.
 
20. Contact
Spooky Group LLC dba Spooky Fish
Email: support@spooky.group
Website: https://spookyfish.com