PhraseSwapper 1.1

EULA - End User License Agreement

END USER LICENSE AGREEMENT
IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND
RESTRICTIONS SET FORTH IN THIS END-USER LICENSE AGREEMENT ("EULA"). YOU WILL BE
ASKED TO REVIEW AND EITHER ACCEPT OR NOT ACCEPT THE TERMS OF THE EULA. YOU ARE
NOT AUTHORIZED TO USE THIS SOFTWARE UNLESS AND UNTIL YOU ACCEPT THE TERMS OF
THIS EULA.
This EULA is a binding legal agreement between you and ToolSleuth, LLC (hereinafter
"Licensor") for the materials accompanying this EULA, including the accompanying
computer software, associated media, printed materials and any "online" or electronic
documentation (hereinafter the "Software"). By installing the Software, you agree to be
bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not
install or attempt to use the Software.
1. Grant of License
The Software is protected by copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties. The Software is licensed, not sold. This EULA
grants you the following rights:
A. You may install, use, access, display and run only one copy of the Software, on
a single computer, workstation or terminal ("Computer"). The primary user of
the Computer on which the Software is installed may make a second copy for
his or her exclusive use for archival purposes only.
B. You must acquire a license for each separate Computer on which the Software
is run, displayed or utilized from the server or similar device. A license for the
Software may not be shared or used concurrently on different Computers.
C. Your license rights under this EULA are non-exclusive. All rights not expressly
granted herein are reserved by Licensor.
D. You may not sell, transfer or convey the Software to any third party without
Licensor's prior express written consent.
2. Price and Payment
If you have not previously paid the license fee for the Software, then you must pay the
license fee within the period indicated in the applicable invoice sent to you by Licensor.
3. Support Services
This EULA is a license of the Software only, and Licensor does not assume any obligation to
provide maintenance, patches or fixes to the Software. Licensor further disclaims any
obligation to provide support or to prepare and distribute modifications, enhancements,
updates and new releases of the Software.
4. Replacement, Modification and/or Upgrades
Licensor may, from time to time, and for a fee, replace, modify or upgrade the Software.
When accepted by you, any such replacement or modified Software code or upgrade to the
Software will be considered part of the Software and subject to the terms of this EULA
(unless this EULA is superceded by a further EULA accompanying such replacement or
modified version of or upgrade to the Software).
5. Termination
You may terminate this EULA at any time by destroying all your copies of the Software.
Your license to the Software automatically terminates if you fail to comply with the terms
of this agreement. Upon termination, you are required to remove the Software from your
computer and destroy any copies of the Software in your possession.
6. Copyright
A. All title and copyrights in and to the Software (including but not limited to any
images, photographs, animations, video, audio, music and text incorporated
into the Software), the accompanying printed materials, and any copies of the
Software, are owned by Licensor or its suppliers. This EULA grants you no rights
to use such content. If this Software contains documentation that is provided
only in electronic form, you may print one copy of such electronic
documentation. Except for any copies of this EULA, you may not copy the
printed materials accompanying the Software.
B. You may not reverse engineer, de-compile, disassemble, alter, duplicate,
modify, rent, lease, loan, sublicense, make copies of, create derivative works
from, distribute or provide others with the Software in whole or part, transmit
or communicate the application over a network.
7. Use Restrictions
A. You may not export, ship, transmit or re-export software in violation of any
applicable law or regulation including but not limited to Export Administration
Regulations issued by the U. S. Department of Commerce.
B. You may not modify, merge or incorporate any of the products' software items
in part or in whole, such as, but not limited to, components, classes, modules,
forms, or spreadsheet elements, into your own works.
C. You must use the Software Product only on works in which you have obtained
copyright permission from the author or for works which you hold the copyright
to or are otherwise entitled to modify or create derivative works.
D. You may not use the software product in any illegal activity. Your use of this
product must conform to the requirements of all US law in addition to all legal
requirements in force where the software product is used.
8. Disclaimer of Warranties
LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND
HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF
VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE
IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF
NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE
SOFTWARE IS WITH YOU.
9. Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR
OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT,
SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY
RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE AND WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR
ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION
OF DAMAGES WILL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Arbitration
Any dispute arising under this EULA will be subject to binding arbitration by a single
Arbitrator with the American Arbitration Association (AAA), in accordance with its
relevant industry rules, if any. The parties agree that this EULA will be governed by and
construed and interpreted in accordance with the laws of the State of Wisconsin. The
arbitration will be held in Wisconsin. The Arbitrator will have the authority to grant
injunctive relief and specific performance to enforce the terms of this EULA. Judgment on
any award rendered by the Arbitrator may be entered in any Court of competent
jurisdiction.
11. Severability
If any term of this EULA is found to be unenforceable or contrary to law, it will be modified
to the least extent necessary to make it enforceable, and the remaining portions of this
Agreement will remain in full force and effect.
12. No Waiver
No waiver of any right under this EULA will be deemed effective unless contained in
writing signed by a duly authorized representative of the party against whom the waiver is
to be asserted, and no waiver of any past or present right arising from any breach or
failure to perform will be deemed to be a waiver of any future rights arising out of this
EULA.
13. Entire Agreement
This EULA constitutes the entire agreement between the parties with respect to its subject
matter, and supersedes all prior agreements, proposals, negotiations, representations or
communications relating to the subject matter. Both parties acknowledge that they have
not been induced to enter into this EULA by any representations or promises not
specifically stated herein.
By clicking the "I accept" button below, you agree to the terms of this EULA.