End User License Agreement (Windows Versions)
SEEKERWORKS
INC.
END USER
LICENSE AGREEMENT
SeekerWorks™ For Windows®
Standard
Edition Software
IMPORTANT
READ
THESE TERMS AND CONDITIONS CAREFULLY
BEFORE
ACCEPTING THIS LICENSE
NOTICE TO USER:
THIS END
USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL CONTRACT BETWEEN YOU
(“LICENSEE”) AND SEEKERWORKS INC. (“LICENSOR”).
SEEKERWORKS INC. IS WILLING TO LICENSE ONE COPY OF THE SOFTWARE TO YOU
ONLY UPON THE CONDITION THAT YOU ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED
IN THIS AGREEMENT. BY CLICKING THE “I
ACCEPT THE TERMS IN THE LICENSE AGREEMENT” BUTTON BELOW, BY INSTALLING OR OTHERWISE
USING THE SOFTWARE, YOU AGREE TO BE BOUND BY AND ACCEPT ALL TERMS AND
CONDITIONS OF THIS AGREEMENT INCLUDING WITHOUT LIMITATION THE WARRANTY
DISCLAIMERS, LIMITATION OF LIABILITY AND TERMINATION PROVISIONS INCLUDING THE
THIRTY (30) DAY TRIAL PERIOD (“TRIAL PERIOD”) BELOW, WHETHER OR NOT YOU DECIDE
TO PURCHASE THE SOFTWARE. IF YOU DECIDE
TO ACCEPT AND AGREE TO THE TERMS AND PROVISIONS OF THIS AGREEMENT, YOU WILL BE
PERMITTED TO INSTALL AND ACCESS SEEKERWORKS INC.’S SEEKERWORKS™ STANDARD
EDITION SOFTWARE. IF YOU DO NOT ACCEPT
THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SELECT “I DO NOT ACCEPT THE
TERMS IN THE LICENSE AGREEMENT” BELOW, THEN SEEKERWORKS INC. IS NOT WILLING TO
LICENSE THE SOFTWARE TO YOU AND YOU WILL NOT BE PERMITTED TO INSTALL AND ACCESS
THE SOFTWARE.
This
SeekerWorks Inc. End User License Agreement governs use of SeekerWorks Inc.’s
SeekerWorks™ Standard Edition Software, product upgrades and related written
materials (“Software”). The term
“Software” also includes without limitation any Software upgrades, modified
versions and updates as well as online or printed documentation of the Software
which may be provided to you by SeekerWorks Inc.A copy of the Software will be licensed to
you as the registered end user. You must
read this Agreement carefully before indicating acceptance at the end of this
Agreement.
If
you do not agree with the terms and conditions of this Agreement, decline where
instructed, and you will not be able to install and access the Software.If you accept the terms and conditions of
this Agreement, you will be allowed to install and access the Software.
Your
use of the Software is subject to the following terms and conditions.
Upon
your acceptance of this Agreement, SeekerWorks Inc. grants to you a single,
non-exclusive, limited license to use the SeekerWorks Inc. SeekerWorks™
Standard Edition Software product together with any upgrades provided by SeekerWorks
Inc., provided that you agree to the following:
1.
License
Limitations -
This Software License Agreement is limited
to:
·
Installation
and Use -
Install, use, access, display and run one
copy of the Software on a single
computer, such as a workstation, terminal or other device (“Workstation
Computer”). The Software may not be used
by more than one processor at any one time on any single Workstation Computer
unless a site license is purchased.
·
Storage/Network
Use -
You may also store or install a copy of the
Software on a storage device, such as a network server, used only to install or
run the Software on your other Workstation Computer over an internal network;
however, you must acquire and dedicate an additional license for each separate
Workstation Computer on or from which the Software is installed, used,
accessed, displayed or run. A license
for the Software may not be shared or used concurrently on different
Workstation Computers.
·
Additional
Licenses -
You shall immediately notify SeekerWorks Inc.
in the event you wish to use the Software on another computer.You acknowledge that prior to such use
another license shall be required.
·
Geographical
Limitations -
Operation exclusively within the geographical
boundaries of the United States of America or any country with which the United
States of America maintains a favorable trade relationship.
·
Trial
Period -
For the sole purpose of allowing Licensee to
evaluate the Software at its facilities, Licensor will grant one copy of the
Software for an evaluation period of thirty (30) days from the initial date of use.Licensor’s delivery of the Software for the
Trial Period does not grant to Licensee any right to use the Software for any
purpose other than the evaluation specified herein.
2.
License
Fees -
In consideration of the rights granted to you
by SeekerWorks Inc. and in consideration of the continuing services of SeekerWorks
Inc. hereinafter provided for, you agree to pay SeekerWorks Inc. a
non-refundable initial service fee in the amount of ninety-nine US dollars ($99.00)
per license or six-hundred-ninety-nine US dollars ($699.00) per site license.At the end of the term of this license
agreement, you agree to pay SeekerWorks Inc. a non-refundable annual service
fee in the amount of fifty US dollars ($50.00) per license or four-hundred-ninety-nine
US dollars ($499.00) per site license. SeekerWorks
Inc. undertakes with you that the annual service fee will not increase for a
period of one (1) year from the date of delivery of the Software and thereafter
may be increased by SeekerWorks Inc. no more often than annually.
3.
Software
Updates and Improvements -
In return for the annual service fee SeekerWorks
Inc. shall, subject to your payment in full of the annual service fee and
fulfilling the obligations herein set out, provide you with access to periodic
updates through the Internet or, if not available, through a CD-ROM mailed
through US Postal Service at the sole discretion of SeekerWorks Inc.
Internet Updates -
If updates are
available through the Internet, you are solely responsible to download the file
or files from the Internet.
Compatibility -
SeekerWorks Inc. makes no warranty regarding
the compatibility of the compressed file with any particular Internet browser
software which you my use to download the file or files.
Technical Problems -
You assume full responsibility for any
technical problems that may prevent you from downloading the file or files from
the Internet.
CD-ROMs -
If updates are available through the Internet,
you may elect to contact SeekerWorks Inc. to obtain the Software update on a
CD-ROM. SeekerWorks Inc. will ship a
CD-ROM once it has received an advance payment of ten ($10.00) US dollars for
shipping and handling, plus the cost of the expedited postage or courier fees
for that shipment.
4.
Term
and Termination including Trial Period -
This
license is effective upon your acceptance of this Agreement, installation or
otherwise using the Software and terminating one (1) year from the commencement
of acceptance, installation or otherwise using the Software date.
You may terminate the
license at any time, including during the Trial Period, by notifying SeekerWorks
Inc. in writing and destroying the Software together with all copies,
modifications and merged portions in any form.
There shall be no refund of any portion of the annual service fee.
This license Agreement
will terminate automatically upon your failure by yourself, your organization’s
officers, agents, or employees, to comply with the Terms of this Agreement, at
the conclusion of the Trial Period, or at its option, SeekerWorks Inc. may give
you written notice of termination if you commit a breach of this End User
License Agreement and fail to cure such breach within ten (10) days after
notice from SeekerWorks Inc.
In the event of
termination by reason of your failure to comply with any part of this
Agreement, or upon any act which shall give rise to SeekerWorks Inc. right to
terminate, SeekerWorks Inc. shall have the right, at any time, to terminate the
license and take immediate possession of the Software and all copies wherever
located, without demand or notice and without refund of any portion of the
annual service fee. Within ten (10) days
after termination of the license, you will destroy the Software and all copies,
and upon request, certify in writing that they have been destroyed.
Trial Period Term -
Unless Licensee has entered into a license
with the Licensor, the Trial Period Software license shall terminate thirty
(30) days from the date of the initial Software use.
Licensee hereby acknowledges thattheSoftware incorporates automatic
shutdown features that make it inoperable after the termination of the Trial
Period.
5.
Restrictions
on Use -
The Software and other items supplied by
SeekerWorks Inc. hereunder are for the sole use of Licensee.
Copies -
You agree that while this License is in
effect, or while you have custody or possession of any property of SeekerWorks
Inc., you will not (1) copy or duplicate, or permit anyone else to copy or
duplicate, any physical or magnetic version of the computer programs,
documentation or information furnished by SeekerWorks Inc. in machine-readable
form, (2) create or attempt to create, or permit others to create or attempt to
create, by reverse engineering or otherwise, the source programs or any part
thereof from the object program or from other information made available under
this License or otherwise (whether oral, written, tangible or intangible).
Use Restrictions -
The Software licensed hereunder shall be
used only on a single central processing unit (CPU) or server and its
associated peripheral units at the same site.
Use of the Software shall consist of downloading any portion of the
Software from SeekerWorks Inc. internet location into the CPU or server, or the
processing of data with the Software or both.
Use of the Software in any computer environment not specified in this
Agreement is not authorized under this License.The Software is “in use” on a computer when
it is loaded into temporary memory (i.e., RAM) or installed into the permanent
memory (e.g., hard disk, CD-ROM, or other storage device) of that
computer. All Software, documentation,
and materials in machine-readable form supplied under this license shall be
kept in a secure place and not less strict than those applied to your most
valuable and sensitive software, data and documents.The Software licensed hereunder may be
temporarily transferred to another CPU or server while the initial CPU or
server is undergoing repairs.
No Tampering -
Licensee shall safeguard any and all copies of
the Software, against unauthorized disclosure, shall not tamper with, bypass,
or alter its security features or attempt to do so, and shall take all
reasonable steps to ensure that the provisions of this Agreement are not violated
by any person under Licensee’s control or in Licensee’s service.Licensee also agrees that it shall neither
cause nor permit any person under its control or in its service in any way to
disassemble or attempt to disassemble the Software object code.
No Rental/Commercial
Hosting -
You may not rent, lease, lend or provide
commercial hosting services with the Software.
You shall not allow access to the Software through any terminals or
computers located outside your physical location containing the Workstation
Computer.
Modifications -
You are not licensed to modify, adapt or
translate the Software, documentation, or other materials in full or any subset
thereof.
Consent to Use of Data -
You agree that SeekerWorks Inc. and its
affiliates may collect and use technical information gathered as part of the
product support services provided to you, if any, related to the Software.SeekerWorks Inc. may use this information
solely to improve our products or to provide customized services or technologies
to you and will disclose this information in a form that personally identifies
you.
Additional
Software/Services -
This Agreement applies to updates,
supplements, add-on components, or Internet-based services or components, of
the Software that SeekerWorks Inc. may provide to you or make available to you
after the date you obtain your initial copy of the Software, unless we provide
other terms along with the update, supplement, add-on component, or
Internet-based services component. SeekerWorks
Inc. reserves the right to discontinue any Internet-based services provided to
you or made available to you through the use of the Software.
Upgrades -
To use Software identified as an upgrade, you
must first be licensed for the software identified by SeekerWorks Inc. as
eligible for the upgrade. After
upgrading, you may no longer use the Software that formed the basis for your
upgrade eligibility.
Backup Files and
Archival Copies -
All Software must be stored and
backed-up exclusively within the geographical boundaries of the United States or
any country with which the United States of America maintains a favorable trade
relationship. Copies of the licensed
Programs made under your normal backup procedures shall not be deemed to be
copies under Copies, herein. One backup
and archival copy is allowed under this Agreement provided the copies are not
installed on any computer. All allowed
copies must prominently display the original and unmodified trademark,
copyright, patent and any other intellectual property markings that appear on
or in the original Software media.
You may not copy the
written materials, if any, accompanying the Software.
Key Code -
SeekerWorks Inc. may choose to enable a key
code in future versions of the Software for activation purposes after initial
evaluation periods. You may not
re-license, assign, reproduce or distribute key codes without the express
written authorization of SeekerWorks Inc.
Reverse Engineering -
As Licensee, you may not reverse engineer or
otherwise attempt to discover source code or any trade secrets by either direct
or indirect means except to the extent you may be expressly permitted by law
for the purposes of interoperability.
You must first request information of SeekerWorks Inc. prior to any
reverse engineering activities. SeekerWorks
Inc. has the right to impose reasonable conditions and may request a reasonable
fee prior to providing such information.
Your use of information is limited to the purpose described herein and
may not be disclosed to any third party or used to develop substantially
similar software. Requests for
information should be directed to help@SeekerWorks.com.
Other Restrictions -
You
may not, directly or indirectly, encumber or suffer to exist any lien or
security interest on the Software or use the Software in any computer
environment not specified in this Software License Agreement.You will comply with applicable law and SeekerWorks
Inc.’s instructions regarding the use of the Software.
Unauthorized Acts -
You agree to notify SeekerWorks Inc.
immediately of the unauthorized possession, use, or knowledge of any item
supplied under this License Agreement and of other information made available
to you under this Agreement, by any person or organization not authorized by
this Agreement to have such possession, use or knowledge.You will promptly furnish full details of
such possession, use or knowledge to SeekerWorks Inc., and will assist in
preventing the recurrence of such possession, use or knowledge, and will
cooperate with SeekerWorks Inc. in any litigation against third parties deemed
necessary by SeekerWorks Inc. to protect its proprietary rights.Your compliance with this subparagraph shall
not be construed in any way as a waiver of your rights to recover damages or
obtain other relief against you for negligent or intentional harm to SeekerWorks
Inc. proprietary rights, or for breach of contractual rights.
Transfer of License
Rights -
Your
rights to use the Software, documentation, manuals and other materials supplied
by SeekerWorks Inc. hereunder in full or any subset thereof including backup
files and archival copies shall not be assigned, licensed, loaned, leased,
sublicensed, distributed or otherwise transferred to a successor, affiliate or
any other person, firm, corporation or organization, voluntarily, by operation
of law, or an any other manner without the prior written consent of SeekerWorks
Inc. Any attempt otherwise to sublicense,
assign, or transfer any of the rights, duties, or responsibilities hereunder is
void.
6.
Copyright
and Intellectual Property Rights -
This Software is licensed, not
sold. You acknowledge that SeekerWorks
Inc. owns the Software including archive and backup copies and all copyright
and other intellectual rights in the Software; under the terms of this
Agreement you receive only a limited right to use the Software.You acknowledge that all proprietary rights,
including patents, copyrights, trade secrets, trademarks and all other
intellectual property pertaining to the Software, remain the sole exclusive
property of SeekerWorks Inc. The
Software is protected by United States Copyright Law and International Treaty
provisions. You agree not to modify, adapt,
translate, reverse engineer, decompile, disassemble, or otherwise attempt to
discover the source code of the Software.
You agree with SeekerWorks
Inc. that SeekerWorks Inc.’s proprietary rights and intellectual property are
very valuable and are protected by criminal and civil law as well as the law of
copyright. You agree that the use and
disclosure of SeekerWorks Inc.’s proprietary rights and intellectual property
must be carefully and continuously monitored.
You agree that the structure, organization and code of the Software are
valuable trade secrets and confidential information of SeekerWorks Inc. and its
suppliers. You shall take no action
which adversely affects SeekerWorks Inc.’s proprietary and intellectual
property rights in the Software including participation in any action, whether
directly or indirectly, that might result in causing the Software,
documentation or other materials to be placed in the public domain.
Except as expressly
permitted under “Use of Software” above, YOU MAY NOT USE, COPY, MODIFY, OR
TRANSFER THE SOFTWARE, OR ANY COPY, MODIFICATION, OR MERGED PORTION, IN WHOLE
OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
You must reproduce and
include the copyright notice and other intellectual property rights notices on
any copy permitted by this Agreement and on any modifications or portion merged
into another software program.
Trademarks shall be
used in accordance with accepted trademark practice, including the
identification of the trademark owners’ names. Trademarks may only be used to identify
printed output produced by the Software, and such use of any trademark does not
give you any right of ownership in that trademark.
7.
User
Representations and Warranties -
You represent and warrant to Licensor
that (a) you are over the age of eighteen (18) and have the power and authority
to enter into and perform your obligations under this Agreement; (b) you shall
comply with all terms and conditions of this Agreement; and (c) you have
provided accurate and complete registration information, including, without
limitation, your legal name, address and telephone number.
8.
Remedies -
If Licensee attempts to use, copy, license, or
convey the items supplied by the Licensor, in a manner contrary to the terms of
this Agreement or in competition with Licensor or in derogation of Licensor’s
proprietary rights, whether these rights are explicitly stated in this
Agreement, determined by law, or otherwise, Licensor shall have, in addition to
any other remedies available to it, the right to injunctive relief enjoining
such action. The Licensee hereby
acknowledging that other remedies are inadequate.
9.
Limited
Warranty and Limitation of Liability -
No Warranty -
You assume the responsibility for the
selection of the Software to achieve your intended results, and for the
installation, use and results obtained from the Software.The Software is being delivered to you “AS
IS” and SeekerWorks Inc. makes no warranty as to its performance.
No Performance
Warranty -
SEEKERWORKS INC. AND
ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY
OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION.
SEEKERWORKS INC. AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR
IMPLIED, AS TO NON-INFRINGMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR
FITNESS FOR ANY PARTICULAR PURPOSE.
SEEKERWORKS INC. DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR
ERROR FREE. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND
NOT SEEKERWORKS INC. OR ITS AUTHORIZED DEALER) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION.
IN NO EVENT WILL SEEKERWORKS INC. OR ITS SUPPLIERS BE LIABLE TO YOU FOR
ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS
OR LOST SAVINGS, EVEN IF A SEEKERWORKS INC. REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBLITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
SOME STATES AND
COUNTRIES DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY BY STATE OR COUNTRY.
No Other Warranty -
SEEKERWORKS
INC., ITS AUTHORIZED DEALERS AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF
MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY,
INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGMENT
WITH REGARD TO THE SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES. THIS LIMITED WARRANTY GIVES
YOU SPECIFIC RIGHTS. YOU MAY HAVE
OTHERS, WHICH VARY FROM STATE TO STATE JURISDICTIONS.
Limitation of
Liability -
SeekerWorks
Inc. and its authorized dealer(s) entire liability and your exclusive remedy
shall be at SeekerWorks Inc. option to include the repair or replacement of any
Software; the return of the price paid, if any; or to discontinue your use of
the Software and terminate this Agreement.
Disclaimer of
Consequential Damages -
IN
NO EVENT WILL SEEKERWORKS INC. BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS, OR
OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY
TO USE SUCH SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES
EVEN IF SEEKERWORKS INC. AND ITS AUTHORIZED DEALER(S) HAVE BEEN ADVISED OF THE
POSSIBLITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY.IN ANY CASE, SEEKERWORKS INC.’S ENTIRE
LIABILITY UNDER ANY PROVISION OF THIS END USER LICENSE AGREEMENT SHALL BE
LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
Rights Under State Law -
SOME STATES DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.IN SUCH STATES, SEEKERWORKS INC.’S LIABILITY
SHALL BE LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW.
No Other Warranties
and Disclaimer -
THE FOREGOING LIMITED WARRANTY AND
REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR SEEKERWORKS INC., ITS
AUTHORIZED DEALERS OR SUPPLIERS BREACH OF WARRANTY.
10.
Taxes -
You agree to pay (and agree to reimburse SeekerWorks
Inc. on request if SeekerWorks Inc. is required to pay) any sales, use, value
added (VAT), consumption or other tax (excluding any tax on Licensor’s net
income) or other fee or charge of any kind or nature that is levied or imposed
by any governmental authority on your purchase of the Software, the License or
your use of the Software.
11.
Governing
Law and General Provisions -
This Agreement will be governed by the
laws of the State of Minnesota, U. S. A. without reference to conflicts of
law. This Agreement will not be governed
by the United Nations Convention on Contracts for the International Sale of
Goods, the application of which is expressly excluded.If any part of this Agreement is found void
and unenforceable, the balance of the Agreement shall remain valid and
enforceable according to its terms. No
failure, delay in exercising or enforcing any right or remedy hereunder by SeekerWorks
Inc. shall constitute a waiver of any other right or remedy, or future exercise
thereof. If any remedy provided is
determined to have failed of its essential purpose, all limitations of
liability and exclusions of damages set forth in the Limited Warranty herein
shall remain in full force and effect.
You agree that the Software will not be shipped, transferred or exported
into any country or used in any manner prohibited by the United States Export
Administration Act, or any other export laws, restrictions, or
regulations. This Agreement may only be
modified in writing, signed by an authorized officer of SeekerWorks Inc.,
Inc. The respective rights and
obligations of the parties under Sections 1, 2, 4, 5, 6, 7, 8, 9, 10 and 11
shall survive any termination or expiration of this Agreement.
12.
Arbitration -
All disputes arising out of or relating to
this Agreement shall be finally settled by arbitration conducted in Big Lake, Minnesota,
U.S.A., under the rules of commercial arbitration of the American Arbitration
Association (“Rules”) or such other procedural standards if the parties so
agree. A single arbitrator shall be
agreed upon by the parties or, if the parties cannot agree upon an arbitrator
within thirty (30) days, then the parties agree that a single arbitrator shall
be appointed by the American Arbitration Association.The prevailing party shall be awarded
attorney’s fees. All decisions of the
arbitrator(s) shall be final and binding on both parties and enforceable in any
court of competent jurisdiction.
Notwithstanding the foregoing, in the event of breach by a party of its
obligations hereunder, the non-breaching party may seek injunctive or other
equitable relief in any court of competent jurisdiction.
13.
Miscellaneous
Provisions -
Severability -
If any provision of this Agreement is declared
by a court of competent jurisdiction to be invalid, illegal or unenforceable,
such provision shall be severed from
this Agreement and the other provisions shall remain in full force and effect.
Conflict with Purchase
Orders -
In the event of any conflict between the
terms and conditions of this Agreement and the terms and conditions of any
purchase order, the terms and conditions of this Agreement shall control.
Waiver of Contractual
Right -
The waiver or failure of SeekerWorks
Inc. to exercise in any respect any rights provided for in this Agreement shall
not be deemed a waiver of any further right under this Agreement.
Successors and Assigns -
This Agreement shall enure to the benefit
of and be binding upon the parties hereto and their respective successors and
permitted assigns.
Headings -
The headings appearing at the beginning of the
sections contained in this Agreement have been inserted for identification and
reference purposes only and shall not be used in the construction and
interpretation of this Agreement.
Entire Agreement -
This Agreement constitutes the complete and
entire Agreement between SeekerWorks Inc. and you.This Agreement supersedes all proposals or
prior agreements, oral or written and all other communications between the
parties relating to the subject matter of this Agreement.This Agreement may not be modified except in
writing signed by both SeekerWorks Inc. and you.
14.
Notice -
Any notice required or contemplated hereby
shall be sufficiently given if delivered personally or by prepaid registered
mail. If by registered mail, delivery
shall be deemed to be effected on the fifth (5th) business day
following mailing and the post office receipt shall be conclusive as to such
date. In the event of an actual or
threatened postal disruption, notice shall not be effected by mail.All notices to you are to be addressed to the
address provided at the time of purchase and/or changed subsequently by
you. All notices from you are to be
addressed to:
SeekerWorks
Inc.
1340
Hill Street
Big
Lake, MN 55309-9410
USA
15.
Purchaser
Questions -
Should you have any questions concerning this
Agreement, or if you desire to contact SeekerWorks Inc. for any reason, please
write SeekerWorks Inc., Inc at 1340 Hill Street, Big Lake, MN 55309-9410 USA or
email at help@SeekerWorks.com.
For
future reference, this license may be found in the eula.html in the downloaded
and decompressed directory of the Software or you may print out a copy of this
End User License Agreement now by selecting the print option.
YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE
BOUND BY ITS TERMS AND CONDITIONS. YOU
FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT
BETWEEN US WHICH SUPERCEEDS ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN,
AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS
AGREEMENT.
Please
indicate your acceptance or declination of the foregoing agreement by clicking
on the appropriate button below.
(NOTE: The button appears during the installation of SeekerWorks™)