SWIM GENERATOR SOFTWARE END USER LICENSE AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
BY PURCHASING OR USING SWIM GENERATOR PRO OR SWIM GENERATOR LITE
("Software") AND THE ASSOCIATED FILES AND WRITTEN MATERIALS ("Documentation"),
YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND
ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:
YOU COPY OR USE THIS SOFTWARE
YOU PERMIT OR ENABLE OTHERS TO COPY OR USE THIS SOFTWARE
IF YOU DO NOT AGREE, PLEASE DO NOT PURCHASE OR USE THIS SOFTWARE.
1. License Purchase
(a) "You" means the person or company who is being licensed to use the Software or
Documentation. "We," "us" and "our" means Swim Generator.
(b) Purchase of Swim Generator Pro or Swim Generator Lite allows you a nonexclusive
license to use this Software, provided that YOU DO NOT:
Distribute the Software in any way, including distributing the Email in which the
Software is contained
Copy the Documentation
Copy the Software except for personal use or to make archival or backup copies as
provided above
Merge the Software into another program
Reverse engineer, decompile, or disassemble the Software
Remove any proprietary notices or labels on the Software
Place the Software onto a server so that it is accessible via a public network such as
the Internet
Sell, sublicense, rent, lease or lend any portion of the Software
2. Archival or Backup Copies
You may copy the Software for personal use, back up, and archival purposes, provided
that the original and each copy is kept in your possession and that your use of the
Software does not exceed that allowed in the "License Purchase" section above.
3. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
THE SOFTWARE AND THE ACCOMPANYING FILES AND DOCUMENTATION ARE PROVIDED
"AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE OWNER FURTHER DISCLAIMS ALL WARRANTIES,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANT ABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK
ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE PRODUCT AND/OR
DOCUMENTATION REMAINS WITH THE USER TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW; IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECILA, PUNITIVE, OR OTHER
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY,
INJURY CAUSED TO OTHERS, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS)
ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT,
EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY
LIABILITY OF THE OWNER SHALL BE EXCLUSIVELY LIMITED TO THE PRODUCT
RELACEMENT OR RETURN OF THE PURCHASE/LICENSING PRICE. NO OTHER
ADVERTISING, DESCRIPTION OR REPRESENTATION, WHETHER OR NOT MADE BY THE
OWNER OR THE OWNER'S DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE, SHALL BE
BINDING UPON THE OWNER OR SHALL CHANGE THE TERMS OF THIS AGREEMENT.
4. Term and Termination
This license agreement takes effect upon your use of the Software and remains effective
until terminated. You may terminate it at any time by destroying all copies of the
Software and Documentation in your possession. It will also automatically terminate if
you fail to comply with any term or condition of this license agreement. You agree on
termination of this license to destroy all copies of the Software and Documentation in
your possession. ALL DISCLAIMERS HEREIN SHALL SURVIVE TERMINATION.
5. Disputes
(a) This license agreement shall be governed by, construed and enforced in accordance
with the laws of the state of Minnesota, as it is applied to agreements entered into and
to be performed entirely within such jurisdiction.
(b) To the extent you have in any manner violated or threatened to violate Swim
Generator and/or its affiliates' intellectual property rights, Swim Generator and/or its
affiliates may seek injunctive or other appropriate relief in any state or federal court in
the State of Minnesota, and you consent to exclusive jurisdiction and venue in such
courts.
(c) Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the
help of a mutually agreed-upon mediator in the following location: Plymouth,
Minnesota. Any costs and fees other than attorney fees associated with the
mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through
mediation, we agree to submit the dispute to binding arbitration at the following
location: Plymouth, Minnesota, under the rules of the American Arbitration
Association. Judgment upon the award rendered by the arbitration may be entered
in any court with jurisdiction to do so.
6. General Provisions
(a) This written license agreement is the exclusive agreement between you and us
concerning the Software and Documentation and supersedes any prior purchase order,
communication, advertising or representation concerning the Software.
(b) This license agreement may be modified only by a writing signed by you and us.
(c) In the event of litigation between you and us concerning the Software or
Documentation, the prevailing party in the litigation will be entitled to recover attorney
fees and expenses from the other party.
(d) 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.