IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and SAFE Software for the purpose that accompanies this EULA (End User License Agreement), which includes computer software and may include associated media, printed materials, “online” or electronic documentation, and Internet-based services (“software”). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
1. GRANT OF LICENSE. SAFE Software grants you the following rights provided you comply with all terms and conditions of this EULA:
1.1 Installation and use. You may install, use, access, display and run multiple copies per purchasing company of the software on multiple computers.
1.2 Mandatory Activation. The license rights granted under this EULA are limited to the first ten (10) days after you first install the software unless you provide payment and enter the appropriate 2 passwords provided to you by SAFE Software. You can activate the software using the telephone or email. There are technological measures in this software that are designed to prevent unlicensed use of the software. SAFE Software will use those measures to confirm you have a legally licensed copy of the software. If you are not using a licensed copy of the software, you are not allowed to install the software or future software updates. SAFE Software will not collect any personally identifiable information from your Workstation Computers during this process.
1.3 Storage/Network Use. SAFE is fully network compatible and requires no special programming knowledge to establish on a network. This service and programming are included at no extra charge. SAFE Software is not responsible for any networking compatibility or support and will not create networks for their clients. The data is housed on the client’s computer and is the sole responsibility of the client (user). SAFE is a “PC-based” software program. The data is not stored on the internet and is not a subscription use software program. SAFE Software is not responsible for making or preserving backup copies of your data.
2. RESERVATION OF RIGHTS AND OWNERSHIP. SAFE Software reserves all rights not expressly granted to you in this EULA. The software is protected by copyright and other intellectual property laws and treaties. SAFE Software or its suppliers own the title, copyright, and other intellectual property rights in the software. The Software is licensed, not sold.
3. SUPPORT. Email support will be free of charge to the SAFE Software Client. Email support is encouraged. Phone support is free for the first 30 days from the purchase date of the software. Video Tutorials will be accessible to users active on the Yearly Support Plan. All customer service issues are limited to and will pertain to the SAFE Program. SAFE Software will not guarantee compatibility or provide support for hardware, software, or any other product.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with SAFE Software.
6. LINKS TO THIRD PARTY SITES. You may link to third party sites using the software. The third-party sites are not under the control of SAFE Software is not responsible for the contents of any third-party sites, any links contained in third party sites, or any changes or updates to third party sites. SAFE Software is not responsible for “web-hosting”, or any other form of transmission received from any third-party sites. SAFE Software is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by SAFE Software of the third-party site.
7. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the software that SAFE Software may provide to you or make available to you after the date you obtain your initial copy of the software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. SAFE Software reserves the right to discontinue any Internet-based services provided to you or made available to you using the software.
8. UPGRADES. To use software identified as an upgrade, you must first be licensed for the software identified by SAFE Software as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility. Upgrades are optional and individually priced. Upgrades are classified as any improvement, change, or enhancement to the SAFE Software Program. These said upgrades are OPTIONAL and INDIVIDUALLY PRICED. The SAFE Client can either participate or decline to participate without any obligation. The upgrade process can be conducted two ways:
8.1 Online (Internet) Upgrades: Updates will be performed via REMOTE SUPPORT using GoToAssist. The approximate upgrade time will vary (depending on the version). The upgraded SAFE DB will be returned via email with proper re-installation instructions or phone support.
8.2 Onsite Upgrades: Depending on the physical location, onsite upgrades may be performed for the SAFE Client. Cost will be variable and calculated based on distance, upgrade length, travel expenses, and hourly labor rate. All Onsite Upgrade proposals will be set and agreed upon prior to performing the upgrade. SAFE Software will issue a proposal and the user should issue a purchase order.
9. TRANSFERING OWNERSHIP: The SAFE Software Program may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test, or evaluation. A current owner may pass (give) or allow another potential end-user(s) to install the SAFE Software Program for trial purposes only. There will be no refunds once TWO PASSCODES have been permanently entered in the SAFE Program.
10. EXPORT RESTRICTIONS: You acknowledge that the software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
11. TERMINATION. Without prejudice to any other rights, SAFE Software may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must delete all copies of the software and all its component parts.
12. WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA.
LIMITATION ON REMEDIES: NO CONSEQUENCE OR OTHER DAMAGES: SAFE Software is not responsible for any loss of data or corruption due to a virus or hardware corruption on the end-user’s system. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by SAFE Software, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the software does not meet SAFE Software Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY: SAFE Software’s and its suppliers’ entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the software shall be, at SAFE Software’s option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the software, or (b) repair or replacement of the software, that does not meet this Limited Warranty and that is returned to SAFE Software. You will receive the remedy elected by SAFE Software without charge, except that you are responsible for any expenses you may incur (e.g., cost of shipping the software to SAFE Software). This Limited Warranty is void if failure of the software has resulted from accident, abuse, misapplication, abnormal use, or a virus. Any replacement software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and SAFE Software will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with SAFE Software warranty remedy procedures.
13. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, SAFE Software and its suppliers provide the software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the software, and the provision of or failure to provide support or other services, information, software, and related content through the software or otherwise arising out of the use of the software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
14. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAFE SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SAFE SOFTWARE OR ANY SUPPLIER, AND EVEN IF SAFE SOFTWARE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. LIMITATION OF LIABILITY AND REMEDIES: Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of SAFE Software and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by SAFE Software with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the software up to the amount actually paid by you for the software or US $5.00.
16. APPLICABLE LAW. This EULA is governed by the laws of the State of Texas.
17. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the software) is the entire agreement between you and SAFE Software relating to the software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the software or any other subject matter covered by this EULA. To the extent the terms of any SAFE Software policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.
18. REFUNDS / RETURNS: There will ne NO REFUNDS or RETURNS allowed for the SAFE Software AFTER the two license CODES have been entered. Refunds will be allowed if only ONE code has been set OR if the end user has not had the software installed prior to the two codes being entered.