IMPORTANT-READ CAREFULLY: This License Agreement (the "Agreement") is a legal contract between you (the "Licensee") and Richard Gardner ("Owner") for the use of the Snippet Manager product, which may include corrections, bug fixes, enhancements, updates or other modifications created and supplied by Owner and any user manuals or other documents supplied by Owner (the "Software").
UPON EXECUTION OF THIS AGREEMENT, OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
1. LICENSE
License Grant. Subject to the terms and conditions of this Agreement, Owner grants Licensee a non-exclusive, non-transferable license to use the Software ("License").
2. RESTRICTIONS ON USE
Except as expressly provided in this Agreement, Licensee shall not transfer, rent, lease, lend, modify, translate, sublicense, time-share, electronically transmit or receive the product, media or documentation or share or provide the Software to a third party in any form. Licensee will not disassemble, decompile or reverse engineer the Software or attempt to do the same. Licensee also will not permit or assist any third party to disassemble, decompile or reverse engineer the Software.
This provision and the obligations of Licensee hereunder shall survive the termination of this agreement.
3. TECHNICAL SUPPORT
There is none, sorry. Try posting your questions on the blog comments and perhaps someone will respond.
4. TERM AND TERMINATION
This Agreement is effective until terminated ("Term"). Licensee may terminate this Agreement by completely uninstalling and destroying all Software and copies. This license and the rights granted hereunder will automatically terminate upon your breach of any of the terms and conditions of this Agreement. Upon termination of this Agreement for any reason, the License will terminate immediately and Licensee is required to immediately cease using the Software. Licensee agrees that Owner will have no liability to Licensee for any restriction or termination of License.
5. PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY
Owner and Licensee agree that the Software, including without limitation the design, text, images, white papers, press releases and other information, and to the names and logos of Owner and all related product and service names, design marks and slogans, are and shall remain the sole and exclusive property of Owner or are used under license from the copyright owner, including all applicable rights to patents, copyrights, trademarks, trade secrets or other proprietary or intellectual property rights inherent therein or appurtenant thereto ("Proprietary Rights"). All such Proprietary Rights are protected under United States and International copyright laws. All rights not expressly granted to Licensee by this Agreement are reserved to Owner. Licensee acknowledges and agrees that the structure, sequence and organization of the product contains valuable trade secrets of Owner and agrees to hold such trade secrets in strict confidence. The software may not, except under written license from Owner, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Owner's prior written consent, except to the extent that such use is authorized under the United States copyright laws or this agreement. Owner trademarks, logos, images, and service marks used in the software are the property of Owner and may not be used without permission from Owner and then only with proper acknowledgment.
This provision shall survive the termination of this Agreement.
6. NO REPRESENTATIONS OR WARRANTIES
Owner assumes no responsibility for, and makes no representations with respect to, the accuracy of the software. Therefore, all data displayed by Owner products are presented "AS IS" and Owner EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL. THE SOURCE CODE AND DOCUMENTATION ARE PROVIDED "AS IS". Owner MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOURCE CODE, SOFTWARE AND DOCUMENTATION PROVIDED ARE FREE OF ERRORS OR VIRUSES OR THAT THE SOFTWARE AND DOCUMENTATION ARE SUITABLE FOR LICENSEE’S INTENDED USE.
This provision shall survive the termination of this Agreement.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL Owner OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA OR DATA BEING RENDERED INACCURATE, LOSS OF PROFITS OR REVENUE, OR INTERRUPTION OF BUSINESS IN ANY WAY ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE AND/OR DOCUMENTATION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ANY REPRESENTATIVE OF Owner OR ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED BY ANY FAILURE OF THE SOLE AND EXCLUSIVE REMEDIES HEREUNDER.
This provision shall survive the termination of this Agreement.
8. RETURN POLICY
This is software is freeware so feel free to return it for any reason.
9. GOVERNING LAW
The internal laws of the State of Arizona, without reference to any choice of law provisions, shall govern any claims relating to Owner or this Agreement. Owner may: (a) revise the terms and conditions of this Agreement; (b) revise its license billing rates and surcharges; and (c) modify the services provided under this Agreement at any time. Any such revisions and modifications shall be binding and effective immediately on posting the revised Agreement on Owner's web site, or on notification to Licensee by e-mail or United States mail.
10. MISCELLANEOUS
This license agreement shall be binding on, and inure to the benefit of, the parties hereto and their respective heirs, administrators, legal representatives, successors, and assigns. Licensee shall not, without the prior written consent of Owner, assign any of their rights, powers, duties, or obligations hereunder. Licensee agrees to pay reasonable attorneys' fees and all other costs and expenses which may be incurred by Owner in the enforcement of this License Agreement. Owner’s rights hereunder shall be cumulative of any and all other rights that Owner may have against Licensee.
Per the Electronic Signatures in Global and National Commerce Act ("E-Sign"), using the software constitutes your acknowledgement and acceptance of this agreement and shall carry the same legal effect as a traditional handwritten document.
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