Seraphinite Solutions (“Vendor”) thanks you (“You” or “Your”) for choosing one of our products (“Software”) to use on your site or device (“Site\Device”). Please read this End-User License Agreement (“Agreement”) carefully before using the Software. The Software may be activated by an activation code (“Activation Code”) if such option available.
BY ASSENTING ELECTRONICALLY, INSTALLING OR USING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CONTINUE THE INSTALLATION AND DELETE OR DESTROY ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION.
The Vendor hereby grants You a revocable, non-exclusive, non-transferable, limited license to install and use the Software solely (and only for Your personal, non-commercial purposes in case of nonpaid free version of the Software) on a Site\Device owned and controlled by You, and to access and use the Software on such Site\Device strictly in accordance with the terms of this Agreement and any service agreement associated with the Site\Device. The Software also means software including any updates (all upgrades, revisions, patches, enhancements, fixes, modifications, copies, additions or maintenance packs etc.) and related materials. You may also make appropriate number of copies of the Software solely for back-up purposes.
ANY USE OF THE SOFTWARE OTHER THAN AS EXPRESSLY AUTHORIZED BY THIS SECTION OR ANY RESALE OR FURTHER DISTRIBUTION OF THE SOFTWARE CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT AND MAY VIOLATE APPLICABLE COPYRIGHT LAWS.
You may not copy or use the Software except as set forth in previous section of this Agreement. You may not remove any proprietary notices or labels on the Software; any copies that You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on and in the Software. You agree not to, and You will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or similar commercially exploit the Software or make the Software available to any third party. You also agree not to modify, adapt, translate, reverse engineer, decompile or disassemble the Software or otherwise attempt to discover the source code of the Software or algorithms contained therein or create any derivative works from the Software.
Modifications to the Software
The Vendor reserves the right to modify, suspend or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and without liability to You.
Term and Termination
This Agreement shall remain in effect until terminated by You or the Vendor.
The Vendor may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Vendor, in the event that You fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Software and all copies thereof from the Site\Device.
Upon termination of this Agreement, You shall cease all use of the Software and delete all copies of the Software from the Site\Device.
Some parts of the Software depend on external Vendor data such as help page addresses, EULA links, information about updates and etc. In order to work the Software parts correctly, You agree to automatically receive from the Vendor’s site a configuration data for the Software.
In order to activate, deactivate or automatically check license status of the Software by the Activation Code, You agree to provide the following information:
- Unique identifier for the Site\Device on which the Software is installed.
- Name for the Site\Device on which the Software is installed to get ability to manage it from Your account.
- Version of the Software.
The channel used to activate or deactivate the Software is secure.
If You modify your Site\Device which will result in a change of Unique identifier for the Site\Device, you will need to repeat activation.
Disclaimer of Warranties
THE VENDOR DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THE SOFTWARE IS PROVIDED “AS IS” AND THE VENDOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL CONDITIONS AND WARRANTIES IMPLIED BY STATUTE, COMMON LAW OR JURISPRUDENCE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SUITABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitations of Liability
YOU AGREE AND ACCEPT THAT, TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE VENDOR BE LIABLE TO YOU FOR ANY DAMAGES, ESPECIALLY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR LOST DATA, EVEN IF THE VENDOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO DEINSTALL AND CEASE USE OF THE SOFTWARE.
As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In such event the liability will be limited as far as legally possible under the applicable legislation.
The Software may be based on or incorporates software and other technology owned and controlled by third parties (“Third-Party Software”). Any such Third-Party Software that is incorporated in the Software falls under the scope of this Agreement. Any and all other Third-Party Software that may be distributed together with the Software will be subject to you explicitly accepting a license agreement with that third party. The Vendor shall not be responsible for any Third-Party Software. The license restrictions contained in these Terms do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software terms. License and copyright information for the Third-Party Software that is incorporated in the Software are disclosed in the Software in the separate document.
The Vendor can use Your company’s related information (including logo, name, website, location) in any Vendor’s marketing materials without Your approval for showing that You are a customer of the Vendor. Also, the Vendor shall remove this information about Your company at Your request.
The Software is the intellectual property of the Vendor and is protected by applicable copyright laws, international treaty provisions and other applicable laws of the country in which the Software is being used. The structure, organization and code of the Software are valuable trade secrets and confidential information of the Vendor. To the extent You provide any comments or suggestions about the Software to the Vendor, the Vendor shall have the right to retain and use any such comments or suggestions in our current or future products or services, without further compensation to You and without Your approval of such retention or use.
Except as stated in this Agreement, Your possession, installation and use of the Software does not grant You any rights or title to any intellectual property rights in the Software. All rights to the Software, including all associated copyrights, patents, trade secret rights, trademarks and other intellectual property rights, are reserved by the Vendor.
If You have any questions about this Agreement, please contact us at:
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