THIS IS A LEGAL AGREEMENT BETWEEN YOU (either as an individual or as an entity) AND SWATSKI ENTERPRISES. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY EXIT THE APPLICATION.
BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AND THE APPLICABLE AGREEMENT UNDER WHICH YOU LICENSED THE ORIGINAL SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL, COPY, DOWNLOAD, ACCESS OR OTHERWISE USE THE SOFTWARE.
NOTE: IF YOU DO NOT HAVE A VALID LICENSE FOR THE ORIGINAL SOFTWARE, YOU ARE NOT AUTHORIZED AND DO NOT HAVE THE RIGHT TO INSTALL, COPY, DOWNLOAD, ACCESS OR OTHERWISE USE THE SOFTWARE OUTSIDE OF THE LIMITED USE ALLOWED UNDER A TRIAL PERIOD.
1. GRANT OF LICENSE. Swatski Enterprises (“SE”) herby grants you a non-exclusive license (“LICENSE”) to use the DOCUMENTATION and for one person at a time to use one copy of the specified version of the SE software program identified above (“SOFTWARE”) on any single or multiple computers (“DEDICATED COMPUTERS”), provided the software is in use on only one computer at any time.
2. UPGRADES. This SOFTWARE may be upgraded in accordance with the SE Maintenance policy. This allows for upgrades for a period of one year from the date of original purchase, or for additional periods of time upon purchase of Software Maintenance.
3. COPYRIGHT. SE and its suppliers retain all rights, title, and interest in and to the SOFTWARE and the DOCUMENTATION including all copyrights. The SOFTWARE and the DOCUMENTATION are protected by the copyright laws of the United States and international treaty provisions. There are severe penalties, both civil and criminal, for copyright infringement. You may transfer the SOFTWARE TO A hard disk or other permanent memory system and keep up to three copies of the SOFTWARE, including the original copy, solely for backup or archival purposes. You may not copy the DOCUMENTATION, nor print copies of any user documentation provided in “electronic format” (ON-LINE) except for a single copy to be used by the user.
4. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE. You may not modify, reverse engineer, decompile, or disassemble the SOFTWARE, except to the extent that the foregoing is expressly prohibited by applicable law. Upon using the product, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding the SOFTWARE you have used.
5. PUBLISHER LISTINGS. The publishers listed upon the initial installation, and any updates using the Global Information updates, are provided for convenience and are not to be viewed as recommendations or endorsements of these publishers. You may delete publishers from your copy of the SOFTWARE that are unsuitable for your use. An effort is made to keep this publisher information up to date, however, no guarantees are made regarding the accuracy of this information as it is subject to change by the publishers.
6. LIMITED WARRANTY. To the maximum extent permitted by applicable law, SE and its licensors provide you the SOFTWARE “AS IS” and with all faults. SE and its licensors expressly disclaim all other warranties, conditions or other terms, either express or implied (whether collaterally, by statute or otherwise), including but not limited to implied warranties, conditions or other terms of merchantability, satisfactory quality and/or fitness for a particular purpose with regard to the software and accompanying written materials. Furthermore, there is no warranty against infringement of third party proprietary rights by the software. SE does not warrant that the operation of the software will be uninterrupted or error-free, or that defects in the software will be corrected. No oral or written information or advice given by SE or an SE authorized representative shall create a warranty. Because some jurisdictions do not allow the exclusion or limitation of implied warranties, conditions or other terms the above limitation may not apply to you. The terms of this disclaimer and the limited warranty under this section 5 do not affect or prejudice the statutory rights of a consumer acquiring the software otherwise than the course of a business, neither do they limit or exclude any liability for death or personal injury caused by SE’s negligence.
7. CUSTOMER REMEDIES. SE’s entire liability shall be, at SE’s option, either (1) return of price paid, or (2) repair or replacement of the SOFTWARE that does not meet SE’s Limited Warranty and that is returned to SE with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
8. NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, SE disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. This limited warranty gives you specific legal rights; you may have others, which vary from state/jurisdiction to state/jurisdiction.
9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall SE be liable for, or its suppliers, any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of inability to use this SE product, even if SE has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
10. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and the DOCUMENTATION are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph ©(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs ©(1) and (2) of the Commercial Computer Software – Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor/Manufacture is Swatski Enterprises, 45 White Birch Ln., North Andover, MA, U.S.A. 01845.
11. EXPORT LAW ASSURANCES. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Software you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.
12. MISCELLANEOUS. This Agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A. without regard to the United Nations Convention on the International Sales of Goods, and will be deemed a contract under seal. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the extent permissible, and the remaining provisions of this Agreement will remain in full force and effect. This Agreement constitutes the entire agreement between SE and you concerning the SOFTWARE and the DOCUMENTATION, and supersedes all prior communications, agreements and understandings, written or oral, between SE and you with respect thereto. No SE dealer, agent or employee is authorized to make an amendment to this Agreement. Sections 4 and 7 of this Agreement shall survive any termination of this Agreement.
Should you have any questions concerning this Agreement, the SOFTWARE or the DOCUMENTATION, you may contact Swatski Enterprises by writing to:
Swatski Enterprises c/o Douglas Swatski
45 White Birch Ln.
North Andover, MA 01845 USA