SNAPGEAR END USER LICENSE AGREEMENT
IMPORTANT
READ BEFORE USING THE ACCOMPANYING SOFTWARE
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE ACCOMPANYING SOFTWARE, THE USE OF WHICH IS LICENSED FOR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. IF YOU USE ANY PART OF THE SOFTWARE, SUCH USE WILL INDICATE THAT YOU ACCEPT THESE TERMS.
You have acquired a product that includes SnapGear (“SnapGear”) proprietary software and/or proprietary software licensed to SnapGear. This SnapGear End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and SnapGear for the installed software product of SnapGear origin, as well as associated media, printed materials, and “online” or electronic documentation (“Software”). By installing, copying, downloading, accessing, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, SnapGear is not willing to license the Software to you. In such event, do not use or install the Software. If you have purchased the Software, promptly return the Software and all accompanying materials with proof of purchase for a refund.
Products with separate end user license agreements that may be provided along with the Software are licensed to you under the terms of those separate end user license agreements.
LICENSE GRANT. Subject to the terms and conditions of this EULA, SnapGear grants you a nonexclusive right and license to install and use the Software on a single CPU, provided that, (1) you may not rent, lease, sell, sublicense or lend the Software; (2) you may not reverse engineer, decompile, disassemble or modify the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and (3) you may not transfer rights under this EULA unless such transfer is part of a permanent sale or transfer of the Product, you transfer at the same time all copies of the Software to the same party or destroy such materials not transferred, and the recipient agrees to this EULA.
No license is granted in any of the Software’s proprietary source code. This license does not grant you any rights to patents, copyright, trade secrets, trademarks or any other rights with respect to the Software.
You may make a reasonable number of copies of the electronic documentation accompanying the Software for each Software license you acquire, provided that, you must reproduce and include all copyright notices and any other proprietary rights notices appearing on the electronic documentation.
SnapGear reserves all rights not expressly granted herein.
INTELLECTUAL PROPERTY RIGHTS. The Software is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. SnapGear and its suppliers retain all ownership of, and intellectual property rights in (including copyright), the Software components and all copies thereof, provided however, that certain components of the Software are components licensed under the GNU General Public License (version 2), which SnapGear supports. You may obtain a copy of the GNU General Public License at http:/www.fsf.org/copyleft/gpl.html. SnapGear will provide source code for any of the components of the Software licensed under the GNU General Public License upon request.
EXPORT RESTRICTIONS. You agree that you will not export or
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and related documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS
TERM AND TERMINATION. This EULA is effective until terminated. The EULA terminates immediately if you fail to comply with any term or condition. In such an event, you must destroy all copies of the Software. You may also terminate this EULA at any time by destroying the Software.
GOVERNING LAW AND ATTORNEY’S FEES. This EULA is governed by the laws of the State of Utah, USA, excluding its conflict of law rules. You agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety and does not apply to this EULA. If you acquired this Software in a country outside of the United States, that country’s laws may apply. In any action or suit to enforce any right or remedy under this EULA or to interpret any provision of this EULA, the prevailing party will be entitled to recover its costs, including reasonable attorneys’ fees.
ENTIRE AGREEMENT. This EULA constitutes the entire agreement between you and SnapGear with respect to the Software, and supersedes all other agreements or representations, whether written or oral. The terms of this EULA can only be modified by express written consent of both parties. If any part of this EULA is held to be unenforceable as written, it will be enforced to the maximum extent allowed by applicable law, and will not affect the enforceability of any other part.
Should you have any questions concerning this EULA, or if you desire to contact SnapGear for any reason, please contact the SnapGear representative serving your company.
THE FOLLOWING DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY IS INCORPORATED INTO THIS EULA BY REFERENCE.
NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. YOU HAVE INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE IN THE DEVICE, AND SNAPGEAR HAS RELIED UPON YOU TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.
LIMITED WARRANTY. SnapGear warrants the media containing the Software for a period of ninety (90) days from the date of original purchase from SnapGear or its authorized retailer. Proof of date of purchase will be required. Any updates to the Software provided by SnapGear (which may be provided by SnapGear at its sole discretion) shall be governed by the terms of this EULA. In the event the product fails to perform as warranted, SnapGear’s sole obligation shall be, at SnapGear’s discretion, to refund the purchase price paid by you for the Software on the defective media, or to replace the Software on new media. SnapGear makes no warranty or representation that its Software will meet your requirements, will work in combination with any hardware or application software products provided by third parties, that the operation of the software products will be uninterrupted or error free, or that all defects in the Software will be corrected.
SNAPGEAR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OTHER THAN AS STATED HEREIN, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE DEVICE OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, SNAPGEAR.
NO LIABILITY FOR CERTAIN DAMAGES. EXCEPT AS PROHIBITED BY LAW, SNAPGEAR SHALL HAVE NO LIABILITY FOR COSTS, LOSS, DAMAGES OR LOST OPPORTUNITY OF ANY TYPE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOST OR ANTICIPATED PROFITS, LOSS OF USE, LOSS OF DATA, OR ANY INCIDENTAL, EXEMPLARY SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT, WARRANTY OR OTHERWISE ARISING FROM OR IN CONNECTION WITH THIS EULA OR THE USE OR PERFORMANCE OF THE SOFTWARE. IN NO EVENT SHALL SNAPGEAR BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE LICENSE FEE PAID TO SNAPGEAR UNDER THIS EULA. SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
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