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SNAPGEAR END USER LICENSE AGREEMENT
IMPORTANT
READ BEFORE USING THE ACCOMPANYING SOFTWARE
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
USING THE ACCOMPANYING SOFTWARE, THE USE OF WHICH IS LICENSED FOR USE
ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS
OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. IF YOU USE ANY PART OF THE
SOFTWARE, SUCH USE WILL INDICATE THAT YOU ACCEPT THESE TERMS.
You have acquired a product that includes SnapGear (“SnapGear”) proprietary software and/or
proprietary software licensed to SnapGear. This SnapGear End User License Agreement
(“EULA”) is a legal agreement between you (either an individual or a single entity) and SnapGear
for the installed software product of SnapGear origin, as well as associated media, printed
materials, and “online” or electronic documentation (“Software”). By installing, copying,
downloading, accessing, or otherwise using the Software, you agree to be bound by the terms of
this EULA. If you do not agree to the terms of this EULA, SnapGear is not willing to license the
Software to you. In such event, do not use or install the Software. If you have purchased the
Software, promptly return the Software and all accompanying materials with proof of purchase for
a refund.
Products with separate end user license agreements that may be provided along with the
Software are licensed to you under the terms of those separate end user license agreements.
LICENSE GRANT
. Subject to the terms and conditions of this EULA, SnapGear grants you a
nonexclusive right and license to install and use the Software on a single CPU, provided that, (1)
you may not rent, lease, sell, sublicense or lend the Software; (2) you may not reverse engineer,
decompile, disassemble or modify the Software, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation; and (3) you may not transfer
rights under this EULA unless such transfer is part of a permanent sale or transfer of the Product,
you transfer at the same time all copies of the Software to the same party or destroy such
materials not transferred, and the recipient agrees to this EULA.
No license is granted in any of the Software’s proprietary source code. This license does not
grant you any rights to patents, copyright, trade secrets, trademarks or any other rights with
respect to the Software.
You may make a reasonable number of copies of the electronic documentation accompanying
the Software for each Software license you acquire, provided that, you must reproduce and
include all copyright notices and any other proprietary rights notices appearing on the electronic
documentation.
SnapGear reserves all rights not expressly granted herein.
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INTELLECTUAL PROPERTY RIGHTS
. The Software is protected by copyright laws,
international copyright treaties, and other intellectual property laws and treaties. SnapGear and
its suppliers retain all ownership of, and intellectual property rights in (including copyright), the
Software components and all copies thereof, provided however, that certain components of the
Software are components licensed under the GNU General Public License (version 2), which
SnapGear supports. You may obtain a copy of the GNU General Public License at
http:/www.fsf.org/copyleft/gpl.html. SnapGear will provide source code for any of the components
of the Software licensed under the GNU General Public License upon request.
EXPORT RESTRICTIONS. You agree that you will not export or re-export the Software, any part
thereof, or any process or service that is the direct product of the Software in violation of any
applicable laws or regulations of the United States or the country in which you obtained them.
U.S. GOVERNMENT RESTRICTED RIGHTS
. The Software and related documentation are
provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to
restrictions set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial
Computer Software – Restricted Rights at 48 C.F.R. 52.227-19, as applicable, or any successor
regulations.
TERM AND TERMINATION
. This EULA is effective until terminated. The EULA terminates
immediately if you fail to comply with any term or condition. In such an event, you must destroy
all copies of the Software. You may also terminate this EULA at any time by destroying the
Software.
GOVERNING LAW AND ATTORNEY’S FEES
. This EULA is governed by the laws of the State
of Utah, USA, excluding its conflict of law rules. You agree that the United Nations Convention
on Contracts for the International Sale of Goods is hereby excluded in its entirety and does not
apply to this EULA. If you acquired this Software in a country outside of the United States, that
country’s laws may apply. In any action or suit to enforce any right or remedy under this EULA or
to interpret any provision of this EULA, the prevailing party will be entitled to recover its costs,
including reasonable attorneys’ fees.
ENTIRE AGREEMENT
. This EULA constitutes the entire agreement between you and
SnapGear with respect to the Software, and supersedes all other agreements or representations,
whether written or oral. The terms of this EULA can only be modified by express written consent
of both parties. If any part of this EULA is held to be unenforceable as written, it will be enforced
to the maximum extent allowed by applicable law, and will not affect the enforceability of any
other part.
Should you have any questions concerning this EULA, or if you desire to contact SnapGear for
any reason, please contact the SnapGear representative serving your company.
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