EULA - End User License Agreement
This License agreement (the ”AGREEMENT”) is made between Suite Spot Studios (”Suite Spot Studios”), with its principal place of business in Sydney, Australia, and the individual installing the software (”LICENSEE”), and is effective at the date the installation is completed (the ”EFFECTIVE DATE”). Suite Spot Studios is the owner of certain rights, title and interest in the computer program entitled ”ses2sesx” and related documentation (the ”SOFTWARE PRODUCT”). The LICENSEE wishes to obtain, and Suite Spot Studios agrees to grant, a non-exclusive license to use the SOFTWARE PRODUCT under the terms of this AGREEMENT. Suite Spot Studios and the LICENSEE, in consideration of the above, agree as follows:
1. Suite Spot Studios hereby grants to the LICENSEE non-exclusive rights to use the SOFTWARE PRODUCT from the Effective Date without any rights whatsoever to redistribute the SOFTWARE PRODUCT, under the terms and conditions of the AGREEMENT. Suite Spot Studios retains all ownership rights in the SOFTWARE PRODUCT, including patent rights, copyrights and licensing rights. No rights, express or implied, for use other than specified in this AGREEMENT are transferred.
2. The LICENSEE agrees to restrict the use of the SOFTWARE PRODUCT to him or herself and to only install, or allow to be installed, the SOFTWARE PRODUCT on one personal computer at any one time. The LICENSEE agrees to save the registration key (if any) in a secure place and not to distribute the registration key. If the registration key provided to the LICENSEE is discovered in a public place, the LICENSEE agrees that the registration key will be disabled and the LICENSEE may be held legally responsible. If the LICENSEE loses the registration key, the LICENSEE recognizes that Suite Spot Studios is under no obligation to provide the lost registration key or a new registration key. The LICENSEE further agrees only to use a registration key explicitly granted to him/her and supplied by Suite Spot Studios.
3. The LICENSEE agrees not to reverse engineer, decompile, disassemble or distribute the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
4. Suite Spot Studios EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED ”AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH THE LICENSEE.
5. IN NO EVENT SHALL Suite Spot Studios, ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSOCIATES OR ITS SUPPLIERS BE LIABLE FOR ANY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF Suite Spot Studios HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. This AGREEMENT shall be construed, governed, interpreted and applied in accordance with the laws of the State of New South Wales and of the Commonwealth of Australia.
7. The term of the AGREEMENT is one year (the ”Term”). At the end of the Term, the AGREEMENT shall be automatically renewed under the same terms and conditions unless Suite Spot Studios indicates otherwise. Suite Spot Studios shall have the right to terminate this AGREEMENT for any reason with immediate effect upon notice by conventional mail, electronically or by posting at its web site to the LICENSEE. Upon termination for any reason, the LICENSEE agrees to destroy the original and all copies, including partial copies of the SOFTWARE PRODUCT.
8. The parties agree that this AGREEMENT is the entire AGREEMENT, and shall not be subject to any change or modification except in writing by both parties.