EULA
No
warranty. The software is being delivered to you "as is" and SAFCo
Software makes no warranty as to its use or performance. SAFCo Software
provides no technical support, warranties or remedies for the software.
SAFCo Software and its suppliers do not and cannot warrant the
performance or results you may obtain by using the software. Except for
any warranty, condition, representation or term to the extent to which
the same cannot or may not be excluded or limited by law applicable to
you in your jurisdiction, SAFCo Software and its suppliers make no
warranties conditions, representations, or terms (express or implied
whether by statute, common law, custom, usage or otherwise) as to any
matter including without limitation noninfringement of third party
rights, merchantability, integration, satisfactory quality, or fitness
for any particular purpose.
Limitation of liability. In no event will SAFCo Software or its
suppliers be liable to you for any damages, claims or costs whatsoever
or any consequential, indirect, incidental damages, or any lost profits
or lost savings, even if an SAFCo Software representative has been
advised of the possibility of such loss, damages, claims or costs or for
any claim by any third party. The foregoing limitations and exclusions
apply to the extent permitted by applicable law in your jurisdiction.
SAFCo Software’s aggregate liability and that of its suppliers under or
in connection with this agreement shall be limited to the amount paid
for the software, if any. SAFCo Software is acting on behalf of its
suppliers for the purpose of disclaiming, excluding and/or limiting
obligations, warranties and liability as provided in this agreement, but
in no other respects and for no other purpose.
Usage: You accept all responsibility to educate yourself regarding all
applicable laws and statutes regarding the sending of SMS (text
messages) and e-mails, and agree to obey them.
This software should never be used for sending unsolicited,
threatening or offensive messages and you agree to accept all
responsibility for messages sent by yourself through the SAFCo Software
system, holding SAFCo and its associates blameless.
Furthermore, you agree that if the software is used in such a way
that is in violation of this agreement or the law, you will cover all
legal costs that SAFCo Software may incur as a result of your misuse.
SAFCo Software reserves the right to filter out or not deliver
messages that it deems as abuse of this system.
SAFCo software also retains to
right to block anyone for using their software at their discretion.
You also acknowledge that the use of SMS is inherently unreliable
and should never be used in an emergency situation.
Privacy: From time to
time SAFCo Software might collect data for its own internal purposes
which might inadvertently have personally identifiable information.
This information will never be sold, given, traded or used for
marketing purposes whatsoever unless required by law enforcement.
No Modification: You may not modify, adapt, translate or create
derivative works based upon the Software. You may not reverse engineer,
decompile, disassemble or otherwise attempt to discover the source code
of the Software except to the extent you may be expressly permitted to
decompile under applicable law, it is essential to do so in order to
achieve operability of the Software with another software program, and
you have first requested SAFCo Software to provide the information
necessary to achieve such operability and SAFCo Software has not made
such information available. SAFCo Software has the right to impose
reasonable conditions and to request a reasonable fee before providing
such information. Any such information supplied by SAFCo Software and
any information obtained by you by such permitted decompilation may only
be used by you for the purpose described herein and may not be disclosed
to any third party or used to create any software which is substantially
similar to the expression of the Software. Requests for information
should be directed to the SAFCo Software Customer Support Department.
Acceptance of License: The Licensee will be deemed to have accepted the
terms of this License by downloading, installing and/or using the
Software on any computer, or clicking the "I Accept" button.
License: In consideration of the mutual rights and obligations under
this License, and subject to the provisions of this clause, the Licensor
grants to the Licensee for the term of this License a limited, personal,
non-exclusive, non-sub-licensable and non-transferable License. To use
and copy the Software for the Licensee's own personal or internal
business purposes on a SINGLE computer owned, leased and/or controlled
by the Licensee or its employer or organization for whom the Licensee
has installed the Software. To make one copy of the Software in machine
readable form for normal operational security and back-up purposes. This
License will apply to such copy as it applies to the original copy of
the Software installed by the Licensee. Such copy and the media on which
it is stored will be the property of the Licensor, and the Licensee
shall ensure that such copy bears the Licensor's proprietary notices
described in clause below.
Save as set out in this License, the Licensee has no right to use,
incorporate into other products, copy, publish, display, modify,
translate the Software or any modification, adaptation or copy of the
Software or any part thereof, nor to decompile, reverse engineer, or
disassemble the source code of the Software either in whole or in part,
except to the limited extent permitted by mandatory law notwithstanding
contractual prohibition.
The Licensee may not rent, lease, sub-license, sell, assign or otherwise
transfer the Software to any other person or permit other individuals to
use the Software without the prior written consent of the Licensor.
The Licensee will not use the Software: To manufacture or distribute a
product that is substantially similar to or competitive with the
Software. In a manner that infringes or fails to comply with any
applicable laws or regulations. For a purpose or in a manner that
infringes the Intellectual Property Rights of any third party. In any
critical healthcare systems, or any other systems the failure of which
could cause or contribute to personal injury or death, In a manner
otherwise not permitted by this License.
The Licensee will not be entitled to receive any hard-copy
documentation, technical support, telephone assistance, enhancements,
new versions or updates to the Software under this License ("support").
The Licensor may provide such support via its website from time to time,
but will not be obliged to do so and any such support will be provided
in its sole discretion and in accordance with any separate terms
specified by the Licensor.
Ownership of Intellectual Property Rights: The Licensee acknowledges
that: All Intellectual Property Rights in or relating to the Software
are and shall remain the exclusive property of the Licensor;
Save as expressly granted under
this License, the Licensee has no rights in the Software.
The Licensee agrees that it shall not remove or alter any trade
marks, copyright notices or similar proprietary devices, including any
electronic watermarks or other identifiers, that may be incorporated in
the Software or any copy of the Software.
Refund Policy. No refunds.
All sales are final.
If
any provision of this agreement is prohibited by law or judged by a
court to be unlawful, void or unenforceable, the provision shall, to the
extent required, be severed from this agreement and rendered ineffective
as far as possible without modifying the remaining provisions of this
agreement, and shall not in any way affect any other circumstances of or
the validity or enforcement of this agreement.
All disputes will be resolved by mediation in