» version 1.01 - posted on 2007-12-27
EULA - End User License Agreement
Software is defined as the SuperGroovySoftware computer program with
which this Software License Agreement is included and any updates
or maintenance releases thereto.
This Agreement applies to the:
(i) trial; and
(ii) full versions of the Software.
Do not use the Software until you have carefully read the following
Agreement. This Agreement sets forth the terms and conditions for
licensing of the Software from SuperGroovySoftware to you, and
installing and using the Software indicates that you have read and
understand this Agreement and accept its terms and conditions.
License and Certain Restrictions
You are granted a limited non-exclusive license to use a copy of the
enclosed Software for the purpose of evaluation with the intent of
purchase for up to thirty (60) days. Thereafter, you may purchase
the right to use the appropriate full version of the Software which
license terms are specified below, by contacting SuperGroovySoftare.
BY YOUR USE OF THE TRIAL VERSION OF THE SOFTWARE YOU UNDERSTAND
AND AGREE THAT AFTER SIXTY DAYS (60) YOU MAY NOT CONTINUE
TO ACCESS AND/OR USE THE SOFTWARE OR ANY DATA YOU HAVE ENTERED
INTO SUCH SOFTWARE UNLESS YOU PURCHASE THE APPROPRIATE FULL VERSION
OF THE SOFTWARE.
Full Version - Single-User License
If you purchased the full version of the Software with a single-user
license, you are granted a limited non-exclusive license to:
(i) use one (1) copy of the Software on up to one (1) computer used by one (1)
individual (who is an owner, employee or contractor);
(ii) print one (1) copy of any online user documentation located in the Software.
It is prohibited to give copies to a person who has not purchased the appropriate
license for the Software from SuperGroovySoftware; to install the Software on
computers used by individuals who have not purchased the appropriate licenses
for the Software from SuperGroovySoftware; or to duplicate the Software
by any other means including electronic transmission. The Software in its
entirety is protected by the copyright laws. The Software also contains
SuperGroovySoftware trade secrets, and you may not decompile, reverse engineer,
disassemble, or otherwise reduce the Software to human-perceivable form or
disable any functionality which limits the use of the Software. You may not
modify, adapt, translate, rent or sublicense
(including offering the Software to third parties on an applications
service provider or time-sharing basis), assign, loan, resell for profit, or
distribute the Software, or related materials or create derivative
works based upon the Software or any part thereof.
This Agreement may be terminated by SuperGroovySoftware immediately and without
notice if you fail to comply with any term or condition of this Agreement.
Upon such termination, you must immediately destroy all complete and partial
copies of the Software, including all backup copies. From version to version,
SuperGroovySoftware may change the terms and conditions of this Agreement.
Your continued use of this Software will indicate your agreement to the change.
DISCLAIMER OF WARRANTIES
EXCEPT AS PROVIDED ABOVE, THIS SOFTWARE AND ANY RELATED SERVICES OR CONTENT
ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED "AS-IS," AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, SUPERGROOVYSOFTWARE DISCLAIMS ALL OTHER
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS
SOFTWARE, AND RELATED MATERIALS AND ANY SUCH SERVICES OR CONTENT,
INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR
SECURITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. SUPERGROOVYSOFTWARE DOES NOT
WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS FREE FROM
BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS NOR DOES SUPERGROOVYSOFTWARE
WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE
SOFTWARE OR CONTINUED ACCESS TO THE TRIAL VERSION OF THE SOFTWARE OR TO THE
DATA ENTERED INTO THE TRIAL VERSION OF THE SOFTWARE AFTER THE TRIAL PERIOD.
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 THIRTY (30) DAYS FROM THE DATE OF PURCHASE OF THE
SOFTWARE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS
WELL, WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY AND DAMAGES
THE ENTIRE LIABILITY OF SUPERGROOVYSOFTWARE AND ITS REPRESENTATIVES (AS DEFINED BELOW)
FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE
SOFTWARE UNLESS OTHERWISE SEPARATELY AGREED. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, SUPERGROOVYSOFTWARE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS,
PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE
PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF SUPERGROOVYSOFTWARE 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. SOME STATES DO NOT ALLOW THE
LIMITATION AND/OR 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 ARE FUNDAMENTAL ELEMENTS OF THE BASIS
OF THE BARGAIN BETWEEN SUPERGROOVYSOFTWARE AND YOU.
SUPERGROOVYSOFTWARE WOULD NOT BE ABLE TO HAVE PROVIDED THIS SOFTWARE
OR SERVICES WITHOUT SUCH LIMITATIONS.
You acknowledge and agree that the SUPERGROOVYSOFTWARE Software is subject to
restrictions and controls imposed by the Export Administration Act and the
Export Administration Regulations ("the Acts"). You agree and certify that
neither the SUPERGROOVYSOFTWARE nor any direct product thereof is being or will
be used for any purpose prohibited by the Acts. Export or reexport to countries
subject to U.S. embargo or to entities identified on U.S. export exclusion lists,
including, but not limited to, the denied persons and specially designated
nationals lists is strictly prohibited.
You agree and certify that
you are not a citizen or permanent resident of the following countries:
Cuba, Iran, Iraq, North Korea, Libya, Sudan or Syria.
This Agreement sets forth SuperGroovySoftware's and its Representatives' entire liability
and your exclusive remedy with respect to the Software. You acknowledge
that this Agreement is a complete statement of the agreement between you and
SuperGroovySoftware with respect to the Software, and that there are no other prior or
contemporaneous understandings, promises, representations, or descriptions
with respect to the Software.
This Agreement shall govern any services or content related to the Software,
unless such services or content are subject to a separate written agreement
between you and SuperGroovySoftware or its Representatives. However, the limitations of
liability and disclaimer of warranties in this Agreement shall apply to
SuperGroovySoftware and its Representatives with respect to such content or services
except to the extent provided otherwise in a separate written agreement
approved by SuperGroovySoftware between you and SuperGroovySoftware or the applicable
This Agreement does not limit any rights that SuperGroovySoftware may have under trade
secret, copyright, patent, or other laws. The Representatives of SuperGroovySoftware are
not authorized to make modifications to this Agreement, or to make any
additional representations, commitments, or warranties binding on SuperGroovySoftware,
other than in writing signed by an officer of SuperGroovySoftware. Accordingly, such
additional statements are not binding on SuperGroovySoftware and you should not rely upon
such statements. If any provision of this Agreement is invalid or
unenforceable under applicable law, then it is, to that extent, deemed
omitted and the remaining provisions will continue in full force and
effect. The validity and performance of this Agreement shall be governed by
Washington law (without reference to choice of law principles), except as to
copyright and trademark matters, which are covered by federal laws. This
Agreement is deemed entered into at Seattle, Washington, and shall be construed
as to its fair meaning and not strictly for or against either party.
SuperGroovySoftware, the SuperGroovySoftware logo, Sgs PasswordManager, among others,
are and/or service marks of SuperGroovySoftware. in the United States and other countries. Other
parties' trademarks or service marks are the property of their respective
owners and should be treated as such.
Copyright (c) 2002 SuperGroovySoftware. All rights reserved.
P.O. Box 1765
Belfair, WA 98528