PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE DOWNLOADING OR USING THIS SOFTWARE. BY CLICKING ON THE "ACCEPT" BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE. IN ADDITION: (1) IF YOU ARE OTHERWISE ATTEMPTING TO DOWNLOAD THE PRODUCT AND YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT COMPLETE THE DOWNLOAD; OR, (2) IF YOUR SOFTWARE WAS INCLUDED IN EQUIPMENT WHICH WAS PROVIDED TO YOU AND YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
IMPORTANT â€“ READ CAREFULLY: This EULA is a legal agreement between you (either an individual or a single entity) and Skyline Group International, LLC ("SGI") covering your use of the software product(s) identified above (the "Program"). The Program includes computer software, and may include associated media, printed materials, and "online" or electronic documentation. By installing, copying, downloading, accessing or otherwise using the Program, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, SGI is unwilling to license the Program to you, you may not use or copy the Program, and you should follow the instructions in the warranty statement concerning return or nonuse of the unused product(s) for a refund.
The Program is protected by copyright, trademark, patent laws as well as other intellectual property laws and treaties. The Program and the accompanying documentation are licensed, not sold, to you. This includes any updates or upgrades to the Program licensed to you by SGI. If the Program is labeled as an upgrade, you must be properly licensed to use a product identified by SGI as being eligible for the upgrade in order to use the Program. Subject to the terms of this agreement, you have a non-exclusive and nontransferable right to use the Program and Documentation.. This Program is "in use" on a computer when it is accessed by the licensed user and when related documents or items related to the Program are downloaded to the licensed user’s computer. The term "Computer" as used herein shall mean the hardware, if the hardware is a single computer system, or shall mean the computer system with which the hardware operates, if the hardware is a computer system component. You agree to use your best efforts to prevent and protect the contents of the Program and Documentation from unauthorized use or disclosure.
You may not rent, lease, sell or otherwise transfer or distribute access of the Program to others, nor may you create derivative works of the Program. You may not modify or translate the Program or Documentation without the prior consent of SGI. You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to create the source code from the Program. The Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or patent-pending or copyrighted material of SGI. The customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of SGI. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to the Program and documentation shall remain solely with SGI.
You may not redistribute, bundle, or package any Program content, materials, or Software downloaded or obtained from SGI without the prior written consent of SGI.Â You may not use any Program content, materials, or Software downloaded or obtained from SGI in the production of a commercial product without the prior written consent of SGI.
You may not delete, remove, hide, move or alter any Icon, Image or Text that represents either the company name of SGI or any derivation thereof.Â All representations to the company name “SGI” must remain as originally distributed regardless of the presence or absence of a copyright symbol.Â
You may make copies of the Program materials including printed materials for individual use and backup purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the Program, including the printed materials accompanying the Program.
You agree and allow administrators of the program to have access to make content additions to the program. Furthermore you allow your company's administrators of the program to track participant usage and participation to identify usage patterns. In conjunction with this permission SGI will not publish or make available to the general public individual user information, content, additions, or related data(see .</p>
<p>This license is effective until terminated. Termination of program access and user license will take place automatically after 12 months unless specified in an agreement between SGI and the user. Without prejudice to any other rights, SGI may terminate this EULA if you fail to comply with the terms and conditions of this EULA. This license automatically terminates if you fail to comply with its terms and conditions. SGI reserves the right to terminate Software License, Program and/or Installed Software should end user fail to remit payment for Software License and/or Program to SGI or an authorized reseller of SGI.
This EULA does not grant you any rights in connection with any trademarks or service marks of SGI or its suppliers. All title and intellectual property rights in and to the Program (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the Program, any accompanying printed materials are owned by SGI or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Program is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted under this EULA are reserved by SGI and its suppliers. To the maximum extent permitted under applicable law, SGI and its supplier's entire liability and your exclusive remedy under the express warranty is, at SGIs' option.
The following is without prejudice to any rights you may have at law which cannot legally be excluded or restricted. SGI and its distributors provide the Program and Documentation "AS IS" without warranty of any kind either express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, usage or trade practice. You acknowledge that no promise, representation, warranty or undertaking has been made or given by SGI to any person or company on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the Program, manuals or written materials.
IN NO EVENT WILL SGI OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE OR DATA OR OTHER DIRECT OR INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE PROGRAM FOR ANY REASON WHATSOEVER INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM, OR SUPPLY OR NON-SUPPLY THE PROGRAM, EVEN IF SGI, ITS LICENSORS OR AUTHORIZED DISTRIBUTORS OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM BY ANY OTHER PARTY. SGIs' TOTAL LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT IS IN ANY CASE LIMITED TO EITHER THE AMOUNT ACTUALLY PAID BY YOU FOR THE PROGRAM FOR ANY CLAIM DURING THE FIRST 7 DAYS FOLLOWING THE PURCHASE. THE FORGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
This EULA shall be governed by and construed in accordance with the laws of the State of California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflicts of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this EULA shall remain in full force and effect. This EULA constitutes the entire license between the parties with respect to the use of the Program.
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