Software License Agreement - Sailalong Software

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Software License Agreement

IMPORTANT - READ CAREFULLY: YOU ARE ABOUT TO DOWNLOAD, INSTALL OR USE PROPRIETARY SOFTWARE. THIS SOFTWARE LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND SAILALONG, LLC (“LICENSOR”) FOR THE SOFTWARE ACCOMPANYING THIS AGREEMENT AND ANY RELATED MEDIA, PRINTED MATERIALS, AND “ONLINE” OR ELECTRONIC DOCUMENTATION (“SOFTWARE PRODUCT”).

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE CLICKING THE “AGREE” BUTTON BELOW. BY CLICKING THE “AGREE” BUTTON, YOU ACCEPT AND AGREE TO BE BOUND TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, WITHOUT LIMITATION OR QUALIFICATION.

IF AFTER READING THIS AGREEMENT, YOU DO NOT WISH TO AGREE TO ITS TERMS, CLICK THE “DISAGREE” BUTTON BELOW, AND THE DOWNLOAD OR INSTALLATION PROCESS WILL TERMINATE.

BY EXERCISING YOUR RIGHTS TO MAKE AND USE COPIES OF THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT SET FORTH BELOW.

Ownership of Software. The Software Product is owned by Licensor and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Licensor retains title to the Software Product.
License. The Software Product, regardless of the media on which it is distributed, is licensed to you by Licensor. This Agreement grants you the following rights:
- You may install and use one copy of the Software Product on a single computer.
- You may reproduce one copy of the Software Product in machine-readable form for backup purposes only. You must reproduce on such copy the copyright notice and any other proprietary legends that were on the original copy of the Software Product.
- You may transfer all your license rights in the Software Product, the backup copy of the Software Product and a copy of this Agreement to another party, provided the other party reads and agrees to accept the terms and conditions of this Agreement.
Restrictions on Use and Transfer.
- You may use the Software Product free of charge for a period of thirty (30) days (the “Trial Period”). Upon the expiration of the Trial Period, the Software Product will automatically disable itself. In order to continue use after the Trial Period, you must purchase a Registration Key. You may not loan, rent, transfer or assign the Registration Key to another user except as the permanent transfer of the Software Product.
- You may not decompile, reverse engineer, disassemble or otherwise reduce the Software Product to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- You may not modify, rent, lend, loan, distribute or create derivative works based upon the Software Product in whole or in part.
- You may not electronically transmit the Software Product from one computer to another or over a network, but you may use the Software Product to send information to another licensed Software Product or over a network.
NO WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK. THE SOFTWARE PRODUCT AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU.

FURTHERMORE, LICENSOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE PRODUCT OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR LICENSOR 'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU (AND NOT LICENSOR OR LICENSOR'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE PRODUCT OR RELATED DOCUMENTATION, EVEN IF LICENSOR OR LICENSOR'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LICENSOR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying the Software Product and all copies thereof. This Agreement will terminate immediately without notice if you fail to comply with any provision of this Agreement. Upon termination you must destroy the Software Product, related documentation and all copies thereof.
Export Law Assurance. You agree and certify that neither the Software Product nor any other technical data received from Licensor, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not reexport the Software nor any other technical data received from Licensor, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.
Government End Users. The Software Product and related documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Supplier is Sailalong, LLC.
Controlling Law and Severability. This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of New Hampshire, as applied to agreements entered into and to be performed entirely within New Hampshire between New Hampshire residents. If for any reason a court of competent jurisdiction finds any provision of this Agreement or a portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software Product and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of Licensor.