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Copyright (c) 2009, SI Software Solutions CC t/a Smart-It+
All rights reserved.
END-USER LICENSE AGREEMENT
This End-User License Agreement ("EULA") is a legal agreement between you, either as an individual or a single entity ("Customer" or "you"), and SI Software Solutions CC t/a Smart-It+. By installing, copying, or otherwise using the above software product, including computer software, associated media, any printed materials, and any "online" or electronic documentation (the "Software" or "Smart-It"), you agree to be bound by the terms of this EULA. CLICKING "I AGREE" OR INSTALLING OR USING THE SOFTWARE INDICATES YOUR CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree to the terms of this EULA, please promptly return the unused Software to your supplier for a full refund.
1.GRANT OF LICENSE
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. Any rights not explicitly granted under this EULA are hereby reserved. Provided you have paid all applicable fees and registered the Software with SI Software Solutions CC t/a Smart-It+, the EULA grants you the following personal, non-exclusive, non-transferable rights:
(a) You may use the Software on any single computer; use the Software on a network, provided that the necessary License has been purchased from SI Software Solutions CC t/a Smart-It+ for the number of users simultaneously accessing the Software; copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.
(b) You may not decompile, disassemble, extract or otherwise reverse engineer any of the Software. You shall not have the right to obtain or use any source code for the Software, nor copy, reproduce, or distribute the Software except as provided above. You agree not to rent or lease the Software, nor use the Software to render time sharing or service bureau services. You may not use the Software in a software production "foundry" environment to make third party software ready for manufacture or installation, except for your internal use.
2.WARRANTY, REMEDY AND LIMITATIONS
(a) SI Software Solutions CC t/a Smart-It+’s entire liability and your exclusive remedy for any claim you may have against SI Software Solutions CC t/a Smart-It+ shall be, at SI Software Solutions CC t/a Smart-It+'s sole and absolute discretion, (i) return of amounts paid for the applicable Software; or (ii) repair or replacement of Software which does not meet the above limited warranty; provided you return the Software and original invoice to SI Software Solutions CC t/a Smart-It+.
(b)THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Customer assumes all risks as to selection, quality, installation, results and performance. SI Software Solutions CC t/a Smart-It+ does not guarantee, undertake or warrant that the Software will meet Customer's requirements or that the operation of the Software will be uninterrupted or error free.
(c) NEITHER SI Software Solutions CC t/a Smart-It+ NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION OR DELAY, LOSS OR INABILITY TO USE DATA), EVEN IF SI Software Solutions CC t/a Smart-It+ OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(d) SI Software Solutions CC t/a Smart-It+ also does not warrant, guarantee or make any representation of whatsoever nature regarding the use or the result of the Software or written materials in terms of it's correctness, accuracy, reliability, currentness or otherwise. The entire risk as to operation, results and performance of the goods is assumed by the purchaser on the acknowledgment of delivery.
The license will terminate automatically if Customer fails to comply with the limitations described herein. On termination, Customer must destroy all copies of the Software, including documentation. Otherwise, this EULA shall remain in force until terminated. Customer may terminate this EULA at any time by destroying all copies of the Software and providing notice thereof to SI Software Solutions CC t/a Smart-It+.
SI Software Solutions CC t/a Smart-It+ reserves the sole and exclusive right to set its policies and prices regarding updates, upgrades and enhancements. All other terms of this EULA apply with equal force to Upgrades.
This EULA shall be governed by and construed under the substantive laws of the Republic of South Africa, without regard to choice of law provisions. If any provision of this EULA is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.
6. Neither the name of Smart-IT nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.