Software License Agreement
1. GRANT OF LICENSE. SWING Software grants Customer a nonexclusive and limited license to use this product, which includes computer software and may include associated documentation (the “Software”), by the maximum number of users, on maximum number of seats, servers, or databases; either perpetual or non-perpetual as defined in the product license. Licenses granted on a subscription basis expire at the end of the applicable subscription period set forth, unless renewed. Customer will control access to and use of the Software by end users and is responsible for any use of the Software that does not comply with this Agreement.
2. COPYRIGHT. The Software is owned and copyrighted by SWING Software or its third-party suppliers and is protected by international treaty provisions. Customer must, therefore, treat the Software like any other copyrighted material. SWING Software retains all rights not expressly granted.
3. TERMINATION. Customer may terminate the License and this Agreement at any time by destroying the Software together with all copies in any form. It will also terminate automatically if Customer fails to comply with any term or condition of this Agreement, in which event Customer agrees to destroy the Software together with all copies in any form, and to provide SWING Software with written certification of such destruction upon request.
4. NO REFUNDS. All payments are non-refundable. There are no refunds or credits for any product licenses or for partially used period(s).
5. TRANSFER. The Customer’s license will automatically terminate upon any transfer of the Software. Upon transfer, Customer must deliver the Software, including any copies and related documentation, to the transferee. The transferee must accept this License Agreement as a condition for the transfer. If Customer transfers the Software and License, it must at the same time notify SWING Software of the name and address of the transferee.
6. OTHER RESTRICTIONS. Customer may use the Software solely for its own use and business purposes. Customer may not distribute, rent, lease, or lend the Software. Customer may not use the Software for providing hosting services or data services to third parties (except when the Software is explicitly licensed for such services). Customer must not modify, reverse engineer, decompile, or disassemble the Software unless SWING Software’s prior written consent is obtained.
7. LIMITED WARRANTY. Customer accepts all responsibility for the selection of the Software as appropriate to achieve the results Customer intends.
EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, THE SOFTWARE AND SOFTWARE DOCUMENTATION ARE PROVIDED AND LICENSED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall SWING Software or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this SWING Software product, even if SWING Software or its dealer have been advised of the possibility of such damages.
9. MISCELLANEOUS. Customer shall be responsible for the payment of all taxes, duties, or levies that may now or hereafter be imposed by any authority upon this Agreement for the supply, use, or maintenance of the Software.
10. ACKNOWLEDGEMENTS. Customer acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions.