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License Agreement

IMPORTANT: BE SURE TO CAREFULLY READ AND UNDERSTAND ALL THE RIGHTS AND RESTRICTIONS OUTLINED IN THIS END-USER LICENSE AGREEMENT (“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 SwiftModders LLC (hereinafter “Licensor”) for the materials accompanying this EULA, including the accompanying downloadable products, license keys, associated media, printed materials, and any “online” or electronic documentation (hereinafter the “Software”). By installing and/or using 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. License Usage

You acknowledge that you are acquiring only a limited, non-exclusive license to use the Software. Licensor will remain the owner of all rights, titles, and interests in the Software and any copies of it. In addition, this EULA grants you the following rights:

  • You are permitted to install one copy of the Software on one domain, e.g., yourdomain.com.
  • You may be permitted to install one or more copies of the Software, if applicable, for your chosen license package.
  • You may make a reasonable number of backup copies of the Software solely for backup purposes.
  • You may not sell, transfer or convey the Software to any third party without Licensor’s prior express written consent.
  • You agree not to make nor to permit the making of copies of the Software except as authorized by this EULA or otherwise authorized in writing by the Licensor.

2. Price and Payment

If you have not previously paid the Software’s license fee, you must pay the license fee within the period indicated in the applicable invoice sent to you by Licensor. The Software’s license fee is subject to change without prior notice or consent.

Licensor may require you to set up a subscription for the Software’s license fee, if applicable for your license package. Please note the following details regarding the Licensor’s Software subscription policies:

  • Subscription renewals are automatically processed annually on the anniversary of your original Software purchase. The Software license renewal will continue and remain valid for each one (1) year unless the subscription is canceled prior to the renewal date.
  • You may cancel your subscription at any time from the Account page on the Licensor’s website or the payment processor used to authorize payment.
  • Canceling your subscription will revoke your access to support services (see “Support Service”) and any available Software updates.

3. Support Services

Licensor may provide you with support services related to the Software (“Support Services”) at its discretion. Use of Support Services, if any, is governed by Licensor’s policies and programs described in any user’s manual, in online documentation, and/or other Licensor-provided materials. Any supplemental code provided to you as a part of Support Services will be considered part of the Software and subject to the terms of this EULA. With respect to technical information you provide to the Licensor as part of the Support Services, the Licensor may use such information for its business purposes, including product support and development. Licensor will not utilize such technical information in a form that personally identifies you except to the extent necessary to provide you with support.

Licensor will only provide support services through their website. Licensor will not provide support via other channels such as, but not limited to, telephone, email, and social media platforms.

Licensor will only provide support services to you if your Software subscription is active. Once the Software subscriptions end, your access to support will be limited by the Licensor.

The Support Services provided by the Licensor does not include:

  • Customization and modification requests to the Software source code
  • Integrations with third-party applications
  • Support for any parent products the Software is rendered in
  • Updating, Upgrading, and installing the Software for you

The Support Services for the Software will be provided as long as the Software is actively in development. Should any one of the following occur, the Licensor will no longer be responsible for providing support for the Software:

  • Software is no longer actively developed as a viable product under the Licensor
  • Licensor is purchased or bought out by another company
  • Any required software or platform for the Software to function is no longer actively developed

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 superseded by a further EULA accompanying such replacement or modified version of or upgrade to the Software).


5. Refund Policy

The Software available for purchase on our website is downloadable, functional, and try-before-you-buy. Licensor provides a working demo environment for evaluating the Software before purchasing. Please use the demos provided to make sure that the Software meets your needs before purchasing. Licensor may also be contacted if you have any questions regarding the Software before purchase.

If you purchase the Software after your payment has cleared, your license to use the Software will be generated. Once the Software is downloaded and the license is activated, no refunds will be provided. You may request a refund for your Software purchase prior to downloading or activating your license.

Licensor is unable to grant refunds for subscription renewal payments. Licensor will send notifications two (2) weeks prior to your renewal payment date and it will be your responsibility to cancel your subscription before that date.


6. 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.


7. Copyright

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.

You may not reverse engineer, decompile, 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.


8. Email Communications

Licensor may occasionally send you emails related to the Software or other products and services offered by the Licensor. Licensor agrees to never sell or release your email to any third-party vendors. You may opt-out of these emails at any time without penalty.


9. Export Restrictions

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.


10. 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 NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.


11. 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.


12. 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 Connecticut. The arbitration will be held in New Haven County, Connecticut. 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.


13. 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.


14. 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.


15. 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.

 

Last updated: October 13, 2021

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