Any software that we provide to our clients, unless specified otherwise in the downloaded file or in the download instructions, is covered by our standard end user license agreement. Downloading the file or installing it indicates that you have agreed to the terms of this license.
END USER LICENSE AGREEMENT
PLEASE READ CAREFULLY: THE USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS THAT FOLLOW (“AGREEMENT”), UNLESS THE SOFTWARE IS SUBJECT TO A SEPARATE LICENSE AGREEMENT BETWEEN YOU AND THE SMARTTHING LIMITED OR ITS SUPPLIERS. BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE, OR BY CHOOSING THE “I ACCEPT” OPTION LOCATED ON OR ADJACENT TO THE SCREEN WHERE THIS AGREEMENT MAY BE DISPLAYED, YOU AGREE TO THE TERMS OF THIS AGREEMENT, ANY APPLICABLE WARRANTY STATEMENT AND THE TERMS AND CONDITIONS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE SOFTWARE, AND PROMPTLY RETURN THE SOFTWARE WITH PROOF OF PURCHASE TO THE PARTY FROM WHOM YOU ACQUIRED IT AND OBTAIN A REFUND OF THE AMOUNT YOU PAID, IF ANY. IF YOU DOWNLOADED THE SOFTWARE, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.
This document is a legal Agreement between you, the licensee, and The SmartTHING Limited. Please read this Agreement carefully before installing the program. By installing the program, you accept the terms of this Agreement. If you do not agree to the terms of this Agreement, please uninstall the software and promptly delete the files.
The program provided along with this license (the “Software”) is owned by The SmartTHING Limited and is protected by international copyright laws.
The SmartTHING Limited grants you rights to use the Software on a single user computer, or on a single terminal or workstation of a multi-user computer or local area network, or on multiple computers as determined by your purchase.
3. LICENSE FEES
Customers will pay all license fees set forth in the invoice (the “License Fees”) for the Software delivered to Customer no later than thirty (30) days after the date of SmartTHING’s applicable invoice. Without limitation of SmartTHING’s other termination rights, if the customer fails to pay the License Fees when due, then SmartTHING may terminate this Agreement and all licenses granted hereunder by notice to Customer. All License Fees are non-refundable once paid.
4. SUPPORT AGREEMENT
Several of our products are provided based on a fee which covers maintenance, updates and support. Details of the standard terms of that support are here. If a product is quoted based on a yearly cost then payment of that cost each year is required to use the product (as per term 6) and to receive support for the product. Our free products are not covered by the service agreement but should you experience any issues please let us know and we will resolve them as work time allows.
5. COPY RESTRICTIONS
A. This Software is copyrighted and is proprietary product of The SmartTHING Limited. You may make one copy of the Software for backup or archival purposes. All other copying of the Software is expressly forbidden.
B. You may not decompile, reverse engineer, copy, transfer, or other-wise use the Software except as expressly stated in this Agreement.
This license is effective until terminated. You may terminate this license at any time by destroying all copies of the Software. This license will terminate automatically, without notice from The SmartTHING Limited, if you fail to comply with this Agreement. Upon such termination, you shall destroy all copies of the Software. Your license to use the software may be tied to a membership or maintenance agreement with SmartTHING (www.smartthing.co.uk) as indicated during email communication, installation or running of the software, in this cases terminating the membership or maintenance agreement also terminates your right to use the software.
7. LIMITED WARRANTY
The Software is supplied “AS IS”. The SmartTHING Limited disclaims all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The user must assume the entire risk of using the Software.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
The SmartTHING Limited assumes no liability for damages, direct or consequential, which may result from the use of the Software, even if The SmartTHING Limited has been advised of the possibility of such damages. Any liability of the seller will be limited to refund the purchase price.