IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM: Simplified IT Products, LLC (“SITP”) End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and SITP for the SITP software product(s) identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and SITP, (referred to as “licenser”), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
SITP grants you the non-exclusive right to use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows Windows XP, Windows 7, Windows Vista, and MAC OSX]. You may use the SOFTWARE PRODUCT only as integrated with the Picture Keeper Storage Product and only on a single computer at one time (“your computer”). You may not separate component parts of the Software Product from the PICTURE KEEPER STORAGE PRODUCT. You may load the Software Product into your computer’s temporary memory (RAM) for purposes of using the PICTURE KEEPER PRODUCT.
The SOFTWARE PRODUCT may only be stored or copied onto the PICTURE KEEPER STORAGE PRODUCT and may not be separated from the PICTURE KEEPER STORAGE PRODUCT. Reservation of Rights. SITP and its suppliers own all right, title and interest in and to the SOFTWARE PRODUCT and reserve all rights not expressly granted to you in this EULA. You agree to refrain from any action that would diminish such rights or would call them into question.
(d) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
SITP may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
(g) Compliance with Export Laws.
You shall comply with all laws and regulations of the United States and other countries (“Export Laws”) to ensure that the Software Product is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws.
Without prejudice to any other rights, SITP may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by SITP. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by SITP.
5. NO WARRANTIES
SITP and its suppliers expressly disclaim any warranty for the SOFTWARE PRODUCT. For HARDWARE WARRANTY see below. The SOFTWARE PRODUCT is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non infringement, or fitness of a particular purpose. SITP does not warrant or assume responsibility forthe accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. SITP and its suppliers make no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. SITP further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall SITP or its suppliers be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the SOFTWARE PRODUCT, even if SITP has been advised of the possibility of such damages. In no event will SITP or its suppliers be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. SITP and its suppliers shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.