SOFTWARE END USER LICENSE AGREEMENT
Air Software (â€œAir Softwareâ€) strives to provide exceptional software products that help to make the experience with your personal computer more enjoyable. Software Updater is a software product created by Air Software that, once downloaded and installed by you, will scan for third party software products that have been installed on your computer system. Once the scan is complete, Software Updater will notify you of any updates or upgrades available for the third party software products installed on your computer. By installing and using Software Updater (the â€œSoftwareâ€), you hereby agreed to the following terms and conditions.
Subject to the terms and conditions of this Agreement, Air Software grants to you a limited, non-exclusive, non-transferable license, without the right to sublicense, to use or the Software in accordance with this Agreement and any other written agreement that you may have with Air Software. You are being granted a right and license to use the Software. Air Software does not transfer title of the Software to you. This Agreement is a legally binding agreement between Air Software and the user(s) of this Software. If you do not agree to the terms and conditions of this Agreement, you are required to immediately cease installing or using this Software and remove the Software and any associated documentation from your computer.
Unless otherwise authorized herein or by a written agreement between you and Air Software, this Software, any accompanying documentation, and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. For information about redistribution of this Software, please contact Air Software at: http://www.software-updater.com.
3. USER AGREEMENT
3.1 Use Restrictions - You shall use this Software in compliance with all applicable laws and not for any unlawful purpose. Each licensed copy of this Software may be used on one single computer location or workstation, unless otherwise authorized herein. â€œUseâ€ of the Software means that you have loaded, installed, or run the Software on a computer or similar device. If you install the Software onto a multi-user platform, server or network, each and every individual user of the Software must be licensed separately or included by a multi-site license in order to access all the features and functionality of the Software. The assignment, sublicense, networking, sale, or distribution of copies of this Software is strictly forbidden without the prior written consent of Air Software. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this Software. You shall not allow others to use or make copies of this licensed Software. Others may obtain a copy of the Software from: http://www.software-updater.com.
3.2 Copyright Restriction â€“ You acknowledge and agree that any and all intellectual property rights to or arising from the Software are and shall remain the exclusive property of Air Software and/or its licensors. Nothing in this Agreement intends to transfer any such intellectual property rights to, or to vest any such intellectual property rights in, you. You are only entitled to the limited use of the intellectual property rights granted to you under this Agreement. You will not take any action to jeopardize, limit or interfere with the intellectual property rights of Air Software. You acknowledge and agree that any unauthorized use of the intellectual property rights of Air Software is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. You acknowledge and understand that all title and intellectual property rights in and to any third party content that is not contained in the Software, but may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. The Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile this Software. Nor can you create any derivative works or other works that are based upon or derived from the Software in whole or in part. No program, code, part, image, or text may be copied or used in any way by the user except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for Air Software.
3.3 Limitation of Liability & Indemnification â€“ You will indemnify, hold harmless, and defend Air Software, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of the Software. In no event (including, without limitation, in the event of negligence) will Air Software, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, the Software or the use or inability to use the Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence, even if Air Software has been advised of the possibility of such damages.
3.4 Disclaimer and Warranties â€“ The Software is being provided to you on an â€œAS ISâ€ and â€œAS AVAILABLEâ€ basis. Except as expressly stated in writing by an authorized employee of Air Software, Air Software makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose. AIR SOFTWARE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL ALWAYS BE ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES AIR SOFTWARE WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, TO OR FROM ANY NETWORK OR ANY QUALITY OF ANY COMMUNICATION MADE USING THE SOFTWARE.
3.5 Governing Law - This Agreement shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.6 Term and Termination â€“ This Agreement will be effective from the date that you install the Software and shall remain effective until terminated by either Air Software or you. Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. You may terminate this Agreement with immediate effect at any time, with or without cause. Upon termination of the license granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software supplied under this Agreement. The financial obligations incurred by you or any indemnification obligations by you shall survive the termination of this license.
3.7 No Waiver - No term or condition of the Agreement will be deemed amended or waived, and no breach excused, unless such amendment, waiver or consent is in writing and signed by Air Software. The failure of Air Software to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of Air Software to enforce each and every such provision thereafter.
4. CONSENT TO USE OF DATA
You agree that Air Software may collect and use information transmitted by you through the Software and/or gathered in any manner as part of the services provided to you, if any. Air Software will not collect any personally identifiable information from your computer location or workstation during this process. Air Software may also use any information collected to provide notices to you which may be of use or interest to you. The Software contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that Air Software may automatically check the version of the Software that you are utilizing and may provide updates, upgrades, or fixes to the Software. In order to receive such updates, upgrades or fixes, you must agree to the download when prompted. You are not obligated to download any upgrades or fixes to the Software that are provided by Air Software. Air Software will not collect any personally identifiable information from your computer location or workstation during this process.