This Agreement is between you and MNC Actuaries Pty Ltd (ABN 94 660 594 516) (“MNC”) and governs your use of the CakeXL Microsoft Excel add-in, including updates and documentation (the “Software”). By installing or using the Software you accept this Agreement. If you do not accept it, do not install or use the Software. Microsoft Corporation is not a party to this Agreement and has no obligations under it.
Subject to this Agreement and payment of any applicable fees, MNC grants you a personal, non-exclusive, non-transferable license, revocable only as provided in Section 9, to install and use the Software on a licensed device for your internal business or personal purposes. Licenses (including trial licenses) are issued per device and bound to a device identifier generated on your machine. The Software is licensed, not sold.
On first use the Software activates a fully functional free trial for evaluation for a limited period (currently 30 days). When the trial ends, the Software's database and analysis features stop operating until a paid license is activated. Continued use requires a license obtained from MNC under a separate commercial arrangement; license extension codes are issued per device.
Except to the extent permitted by applicable law or Section 5, you must not: copy (other than a reasonable backup), distribute, sell, rent, lease, sublicense, or transfer the Software; reverse engineer, decompile, or disassemble the Software; modify it or create derivative works; circumvent or tamper with licensing, trial, or device-identification mechanisms; or use it to provide service-bureau or hosting services to third parties.
You retain all rights to your data. You are responsible for the databases, files, and servers you connect, for the lawfulness of data you process, for maintaining backups, and for verifying results before relying on them.
The Software includes third-party components licensed under their own terms, which this Agreement does not restrict: the open-source components MariaDB Connector/C (LGPL v2.1), DuckDB (MIT), Excel-DNA (zlib), Newtonsoft.Json (MIT), and EnTT (MIT); and the Microsoft Visual C++ Runtime, distributed under Microsoft's redistribution terms. Copyright notices and full license texts for these components are provided at cakexl.cakecodex.com/third-party-notices.
The MariaDB Connector/C library (libmariadb.dll and authentication plugins) is dynamically
linked and distributed as separate files; consistent with LGPL v2.1 you may replace those files with a
modified or alternative version, and Section 3's restrictions on reverse engineering and modification do
not apply to that library to the extent the LGPL permits such activities. LGPL v2.1 text:
gnu.org/licenses/old-licenses/lgpl-2.1.html
The optional AI assistant transmits content you submit to a third-party AI provider (OpenAI, Anthropic, or Microsoft Azure OpenAI) selected and authenticated by you with your own API key. Those providers' terms govern that use; you are responsible for your API keys, fees, and submitted content. AI-generated output may be inaccurate. Therefore, review it before use. MNC does not warrant AI output.
Our collection and use of information (device identifier, licensing data, user-initiated diagnostic logs) is described in the CakeXL Privacy Policy: cakexl.cakecodex.com/privacy
MNC may provide updates that modify, add, or remove features. This Agreement applies to updates unless they come with separate terms. MNC has no obligation to provide updates or support except as separately agreed.
MNC may terminate this Agreement, or revoke a license, if you materially breach this Agreement (including non-payment) and, where the breach can be remedied, you fail to remedy it within 14 days of written notice. On termination, or on expiry of your trial or license without renewal, you must stop using and uninstall the Software. Sections 3–7 and 10–12 survive.
SUBJECT TO SECTION 11, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MNC DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MNC IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR LOSS OF PROFITS, DATA, OR BUSINESS, AND MNC'S TOTAL LIABILITY WILL NOT EXCEED THE AMOUNTS YOU PAID FOR THE SOFTWARE IN THE 12 MONTHS BEFORE THE CLAIM (OR AUD $100 IF YOU PAID NOTHING). Nothing in this Agreement excludes any consumer guarantee or right under the Australian Consumer Law that cannot lawfully be excluded; where permitted, our liability is limited to re-supplying the Software or paying the cost of re-supply.
This Agreement is governed by the laws of New South Wales, Australia. If any provision is unenforceable, the remainder stays in effect. This is the entire agreement regarding the Software, except any separate signed commercial agreement with MNC, which prevails to the extent of any inconsistency.
MNC Actuaries Pty Ltd support@cakecodex.com