SWIFT WX Professional distribution permissions and end-user license agreement
END USER LICENSE AGREEMENT
Do not use the software accompanying this Agreement (the “Software”) until you have carefully read the following Agreement. Opening the sealed Software package and/or using the Software (or authorizing any other person to do so) indicates your acceptance of the terms and conditions contained in this Agreement. If you do not agree with the terms and conditions of this Agreement, promptly return the unopened Software and accompanying items to the place of purchase within 60 days of purchase and your money will be refunded. This Agreement sets forth the terms and conditions for licensing of the Software from SWIFT WX, LLC. (“Licensor”)
License and Certain Restrictions
You are granted a non-exclusive license to use one copy of the Software only on a single computer and a single terminal. Although you are encouraged to make a backup copy of the Software for your own use, you are not allowed to make more than two copies for backup purposes. The Software (including any images, icons, graphics, animations, video, audio, music, and text incorporated into the Software) is protected by copyright laws. You may not make copies of the Software except for backups. You may not give copies to another person, or duplicate the Software by any other means, including electronic transmission. You may not copy the printed materials accompanying the Software, nor print copies of any user documentation. The Software contains trade secrets, and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form. You may not modify, adapt, translate, rent, sublicense, assign, lease, loan, resell for profit, distribute, or network the Software, disk, or related materials or create derivative works based upon the Software or any part thereof.
The sole warranty regarding the Software and related materials is that the original disk is free from physical defects in material and workmanship, assuming proper use, for a period of ninety (90) days from date of purchase. If such defect occurs during this period, you may return your faulty disk to Licensor, along with a dated proof of purchase; Licensor will replace it free of charge. After 90 days, you may obtain a replacement by sending your defective disk and a check for $10 to Licensor.
Your sole and exclusive remedy for any breach of representation or warranty is that Licensor, at its option, either (a) will refund your payment for the Software upon your return of the Software and related materials, with a copy of your receipt, or (b) will replace it on an exchange basis without charge (except as provided above).
EXCEPT FOR THE EXPRESS WARRANTY OF THE ORIGINAL DISKS SET FORTH ABOVE, THIS SOFTWARE IS PROVIDED “AS-IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE SOFTWARE, DISK, AND RELATED MATERIALS, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. THE LIABILITY OF LICENSOR UNDER THE WARRANTY SET FORTH ABOVE SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Licensor has no control over your use of the Software. Licensor does not and cannot warrant the performance or results that may be obtained by its use. Licensor does not represent, warrant, or guarantee the accuracy and timeliness of the data contained in the Software and Licensor shall have no liability of any kind whatsoever to you, or to any other party, on account of any inaccuracies in or untimeliness of the data, or for any delay in reporting such data contained in the Software. Various information in the Software constantly changes, and the information in the Software is only as of a particular date. Licensor does not warrant that the operation of the Software will be uninterrupted or error free. Licensor is not responsible for problems caused by accident, abuse, mishandling, alteration, or improper use. Licensor does not warrant or guarantee the suitability of the Software or that it will meet your requirements.
Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. LICENSOR’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THIS PRODUCT. SOME STATES DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The limitations of damages set forth above fundamental elements of the bases of the bargain between Licensor and you. Licensor would not be able to provide this product on an economic basis without such limitations.
You acknowledge that, in providing you with the Software, Licensor has relied upon your agreement to be bound by the terms of this Agreement. You further acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement, and hereby reaffirm your acceptance of those terms. You further acknowledge that this Agreement constitutes the complete statement of the agreement between you and Licensor, and that the Agreement does not include any other prior or contemporaneous promises, representations, or descriptions regarding the Software. This Agreement is not, however to limit any rights that Licensor may have under trade secret, copyright, patent, or other laws that may be available to it. The agents, employees, distributors, and dealers of Licensor are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Licensor. Accordingly, additional statements such as dealer or other advertising or presentations, whether oral or written, do not constitute representations or warranties by Licensor and should not be relied upon. This Agreement may be modified only in writing. If any provision of this Agreement is invalid or unenforceable under applicable law, it is to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota without regard to conflict of law principles and any action commenced hereunder shall be commenced in Hennepin County District Court.