SOFTWARE END USER LICENSE AGREEMENT
System Applet (“System Applet”) strives to
provide exceptional software products that help to make the experience
with your personal computer more enjoyable. Software Updater is a
software product created by System Applet that, once downloaded and
installed by you, will scan for third party software products that have
been installed on your computer system. Once the scan is complete,
Software Updater will notify you of any updates or upgrades available
for the third party software products installed on your computer. By
installing and using Software Updater (the “Software”), you hereby
agreed to the following terms and conditions.
1. LICENSE
Subject to the terms and conditions of this
Agreement, System Applet grants to you a limited, non-exclusive,
non-transferable license, without the right to sublicense, to use or the
Software in accordance with this Agreement and any other written
agreement that you may have with System Applet. You are being granted a
right and license to use the Software. System Applet does not transfer
title of the Software to you. This Agreement is a legally binding
agreement between System Applet and the user(s) of this Software. If you
do not agree to the terms and conditions of this Agreement, you are
required to immediately cease installing or using this Software and
remove the Software and any associated documentation from your computer.
2. DISTRIBUTION
Unless otherwise authorized herein or by a
written agreement between you and System Applet, this Software, any
accompanying documentation, and the license herein granted shall not be
copied, shared, distributed, re-sold, offered for re-sale, transferred
or sub-licensed in whole or in part. For information about
redistribution of this Software, please contact System Applet at:
http://www.software-updater.com.
3. USER AGREEMENT
3.1 Use Restrictions - You shall
use this Software in compliance with all applicable laws and not for
any unlawful purpose. Each licensed copy of this Software may be used on
one single computer location or workstation, unless otherwise
authorized herein. “Use” of the Software means that you have loaded,
installed, or run the Software on a computer or similar device. If you
install the Software onto a multi-user platform, server or network, each
and every individual user of the Software must be licensed separately
or included by a multi-site license in order to access all the features
and functionality of the Software. The assignment, sublicense,
networking, sale, or distribution of copies of this Software is strictly
forbidden without the prior written consent of System Applet. It is a
violation of this Agreement to assign, sell, share, loan, rent, lease,
borrow, network or transfer the use of this Software. You shall not
allow others to use or make copies of this licensed Software. Others may
obtain a copy of the Software from: http://www.software-updater.com.
3.2 Copyright Restriction – You
acknowledge and agree that any and all intellectual property rights to
or arising from the Software are and shall remain the exclusive property
of System Applet and/or its licensors. Nothing in this Agreement
intends to transfer any such intellectual property rights to, or to vest
any such intellectual property rights in, you. You are only entitled to
the limited use of the intellectual property rights granted to you
under this Agreement. You will not take any action to jeopardize, limit
or interfere with the intellectual property rights of System Applet. You
acknowledge and agree that any unauthorized use of the intellectual
property rights of System Applet is a violation of this Agreement as
well as a violation of intellectual property laws, including without
limitation copyright laws and trademark laws. You acknowledge and
understand that all title and intellectual property rights in and to any
third party content that is not contained in the Software, but may be
accessed through use of the Software, is the property of the respective
content owners and may be protected by applicable copyright or other
intellectual property laws and treaties. The Software contains
copyrighted material, trade secrets and other proprietary material. You
shall not, and shall not attempt to, modify, reverse engineer,
disassemble or decompile this Software. Nor can you create any
derivative works or other works that are based upon or derived from the
Software in whole or in part. No program, code, part, image, or text may
be copied or used in any way by the user except as intended within the
bounds of this Agreement. All rights not expressly granted hereunder are
reserved for System Applet.
3.3 Limitation of Liability & Indemnification
– You will indemnify, hold harmless, and defend System Applet, its
employees, agents and distributors against any and all claims,
proceedings, demand and costs resulting from or in any way connected
with your use of the Software. In no event (including, without
limitation, in the event of negligence) will System Applet, its
employees, agents or distributors be liable for any consequential,
incidental, indirect, special or punitive damages whatsoever (including,
without limitation, damages for loss of profits, loss of use, business
interruption, loss of information or data, or pecuniary loss), in
connection with or arising out of or related to this Agreement, the
Software or the use or inability to use the Software or the furnishing,
performance or use of any other matters hereunder whether based upon
contract, tort or any other theory including negligence, even if System
Applet has been advised of the possibility of such damages.
3.4 Disclaimer and Warranties –
The Software is being provided to you on an “AS IS” and “AS AVAILABLE”
basis. Except as expressly stated in writing by an authorized employee
of System Applet, System Applet makes no representation or warranties in
respect of this Software and expressly excludes all other warranties,
expressed or implied, oral or written, including, without limitation,
any implied warranties of merchantable quality or fitness for a
particular purpose. System Applet FURTHER DOES NOT REPRESENT OR WARRANT
THAT THE SOFTWARE WILL ALWAYS BE ACCESSIBLE, UNINTERRUPTED, TIMELY,
SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET
LOSS, NOR DOES System Applet WARRANT ANY CONNECTION TO OR TRANSMISSION
FROM THE INTERNET, TO OR FROM ANY NETWORK OR ANY QUALITY OF ANY
COMMUNICATION MADE USING THE SOFTWARE.
3.5 Governing Law - This
Agreement shall be governed exclusively by the laws of the Province of
British Columbia and the laws of Canada applicable therein except any
principles regarding conflicts of law rules and the United Nations
Convention on Contracts for the International Sale of Goods. You hereby
irrevocably attorn and submit to the non-exclusive jurisdiction of the
courts of Victoria, British Columbia, and any competent Courts of Appeal
therefrom. If any provision shall be considered unlawful, void or
otherwise unenforceable, then that provision shall be deemed severable
from this License and not affect the validity and enforceability of any
other provisions.
3.6 Term and Termination – This
Agreement will be effective from the date that you install the Software
and shall remain effective until terminated by either System Applet or
you. Any failure to comply with the terms and conditions of this
Agreement will result in automatic and immediate termination of this
license. You may terminate this Agreement with immediate effect at any
time, with or without cause. Upon termination of the license granted
herein for any reason, you agree to immediately cease use of the
Software and destroy all copies of the Software supplied under this
Agreement. The financial obligations incurred by you or any
indemnification obligations by you shall survive the termination of this
license.
3.7 No Waiver - No term or
condition of the Agreement will be deemed amended or waived, and no
breach excused, unless such amendment, waiver or consent is in writing
and signed by System Applet. The failure of System Applet to enforce at
any time any of the provisions of this Agreement, or the failure to
require at any time performance by you of any of the provisions of this
Agreement, shall in no way be construed to be a present or future waiver
of such provisions, nor in any way affect the ability of System Applet
to enforce each and every such provision thereafter.
4. CONSENT TO USE OF DATA
You agree that System Applet may collect and use
information transmitted by you through the Software and/or gathered in
any manner as part of the services provided to you, if any. System
Applet will not collect any personally identifiable information from
your computer location or workstation during this process. System Applet
may also use any information collected to provide notices to you which
may be of use or interest to you. The Software contains components that
enable and facilitate the use of certain Internet-based services. You
acknowledge and agree that System Applet may automatically check the
version of the Software that you are utilizing and may provide updates,
upgrades, or fixes to the Software. In order to receive such updates,
upgrades or fixes, you must agree to the download when prompted. You are
not obligated to download any upgrades or fixes to the Software that
are provided by System Applet. System Applet will not collect any
personally identifiable information from your computer location or
workstation during this process.
PHIR AAI BEWFA KI YAAD
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