SASNAPPS SOFTWARE END-USER LICENSE AGREEMENT
ATTENTION: YOU MAY NEED TO SCROLL DOWN TO THE END OF THIS EULA BEFORE YOU CAN AGREE TO THE EULA AND CONTINUE WITH THE SOFTWARE INSTALLATION.
IMPORTANT: THIS AGREEMENT (or "EULA") IS A LEGAL AGREEMENT BETWEEN THE PERSON, COMPANY, OR ORGANIZATION THAT HAS LICENSED THIS SOFTWARE ("YOU" OR "CUSTOMER") AND Sasnapps. BY INSTALLING AND USING THE SOFTWARE, CUSTOMER ACCEPTS THE SOFTWARE AND AGREES TO THE TERMS OF THIS AGREEMENT.
THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY SASNAPPS HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
a). End User Product" means an Output File.
b). Output File" means an output file generated by you using the Software
c). Software" means only the Sasnapps software program(s) and third party software programs, in each case, supplied by Sasnapps herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation. Any updates to such Software which you are entitled to receive and that has been provided to you by Sasnapps shall also mean Software for purposes of this Agreement.
d). "Trial Version" means a version of the Software, so identified, to be used only to review, demonstrate and evaluate the Software for a limited time period. The Trial Version may have limited features, may lack the ability for the end-user to save the end product, and will cease operating after a predetermined amount of time due to an internal mechanism within the Trial Version.
2. License Grants
The licenses granted in this Section 2 are subject to the terms and conditions set forth in this EULA:
a). Subject to Section 2(b), you may install and use the Software on a single domain; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other server over an internal network, provided you have a license for each separate domain on which the Software is installed and run. Except as otherwise specifically provided in Section 2(b), a license for the Software may not be shared, installed or used concurrently on different websites. Except solely for purposes of installing the Software on a computer as described above, a license for the Software may not be accessed and used via a server or network storage device. Subject to the terms and conditions set forth in this EULA, you shall not have more than one installation of the Software on any single domain.
b). You may make one copies of the Software form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. You may not sell or transfer any copy of the Software made for backup purposes.
c). Subject to the terms and conditions of this Agreement, in the event the Software is distributed along with other Sasnapps software products as part of a suite of the license of the Suite is licensed as a single product and none of the products in the Suite, including the Software, may be separated for installation or use on more than one domain.
d). Your license rights under this EULA are non-exclusive.
e). Mandatory Product Activation. License are granted for 90 days at a time . To activate your license we will need the domain name the software is to be used with .
3. License Restrictions
a). Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one domain to another or over a network.
b). Unless otherwise provided herein, you shall not (A) in the aggregate, install or use more than one copy of the Trial Version of the Software, (B) download the Trial Version of the Software under more than one domain, (C) alter the contents of a hard drive or computer system to enable the use of the Trial Version of the Software for an aggregate period in excess of the trial period for one license to such Trial Version, (D) disclose the results of software performance benchmarks obtained using the Trial Version to any third party without Sasnapps prior written consent, or (E) use the Trial Version of the Software for a purpose other than the sole purpose of determining whether to purchase a license to a commercial of the software; provided, however, notwithstanding the foregoing, you are strictly prohibited from installing or using the Trial Version of the Software for any commercial training purpose.
e). In the event that you fail to comply with this EULA, Sasnapps may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
f). You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
g). Unless otherwise provided herein, you may not rent, lease, or sublicense the Software.
In order to receive upgrades on the software you must you must possess a valid full license of the old version which cannot be a lifetime license. Customers with lifetime license will only get upgrades within the first 90 after purchase.
The foregoing license gives you limited license to use the Software. Sasnapps and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software (as an independent work and as an underlying work serving as a basis for any application you may develop), and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Sasnapps and its suppliers.
7. LIMITED WARRANTY AND DISCLAIMER
To the extent permitted by applicable law, the Software is provided to the Customer “AS IS” without any warranty, either express or implied, that the Software usage will be uninterrupted and that all errors have been or can be eliminated from the Software or in respect of merchantability of fitness for a particular purpose. The sole liability of Sasnapps (and the exclusive remedy of the Customer) for any breach of this warranty shall be, in sole discretion of Sasnapps, to use commercially reasonable efforts to provide the Customer with an error correction or workaround which corrects the reported nonconformity, to provide the Software upgrades with corrected errors for the upcoming Software release or service pack or if Sasnapps determines such remedies to be impracticable within a reasonable period of time, to terminate the Agreement and refund License Fee or Subscription Fee for the last subscription period.
The limited warranty provided under Clause1 shall not apply (and Sasnapps shall have no liability) to warranty claims arising out of or relating to:
a) modification of the Software made by anyone other than Sasnapps;
b) use of the Software in combination with any operating system not authorized in the respective specifications or other documentation or with hardware or software specifically forbidden by the respective specifications or other documentation;
c) defects in the Software due to accident, abuse or improper use by the customer .
d) the Software provided on a no charge or non-commercial trial use basis.
e) the Software being incompatible with the Customer’s other hardware or software etc.
8. Exclusive Remedy
Your exclusive remedy under the preceding is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. Provided that any non-compliance with the above warranty is reported in writing to Macromedia no more than ninety (30) days following delivery to you, Sasnapps will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. Sasnapps shall have no responsibility if the Software has been altered in any way, if the media has been damaged by misuse, accident, abuse, modification or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration. Any such misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.
9. LIMITATION OF LIABILITY
(a) NEITHER SASNAPPS NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF SASNAPPS 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.
(b) SASNAPPS' TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $500 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
(c) ) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA
10. Basis of Bargain
The Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between Sasnapps and you. Sasnapps would not be able to provide the Software on an economic basis without such limitations. Such Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability inure to the benefit of Macromedia's licensors.
11. SOFTWARE USE MONITORING
- As long as the Software is used by the Customer, Sasnapps shall be entitled to monitor the Customer’s use of the Software.
- If Sasnapps discovers unauthorized use, reproduction, distribution, or other exploitation of the Software, the Customer shall:
- pay to Sasnapps the License Fee for each such unauthorized use, reproduction, distribution, or other exploitation of the Software contradictory to this Agreement (for instance, if the Software is installed on more than 1 (one) production Magento installation, than the License Fee shall be paid for each such additional installation), or
- pay to Sasnapps thee months Subscription Fee, if the Software is provided on a subscription model, for each such unauthorized use, reproduction, distribution, or other exploitation of the Software contradictory to this Agreement (for instance, if the Software is installed on more than 1 (one) production Magento installation or used by the Customer without payment of the Subscription Fee, than three months Subscription Fee shall be paid for each such additional installation or use), and
- pay a contractual penalty in the amount of USD 900 for each breach for each such unauthorized use, reproduction, distribution, or other exploitation of the Software contradictory to this Agreement, and in case the Software is provided on a subscription model – a contractual penalty in the amount of USD 1,200 and
- indemnify Sasnapps in respect of any other costs or damages
This EULA shall be governed by the internal laws of the United States , without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction to resolve any disputes arising under this EULA. You and Sasnapps agree that any dispute, claim or controversy arising out of or relating in any way to the Sasnapps Service or your use thereof, including our Agreement, shall be determined by mandatory binding arbitration before the American arbitrators association.
In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of Sasnapps to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
No Sasnapps dealer, agent or employee is authorized to make any amendment to this EULA unless such amendment is in writing and signed by a duly authorized representative of Sasnapps.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.