TERMS AND CONDITIONS OF SALE AND LICENSE AGREEMENT
PLEASE READ THIS “TERMS AND CONDITIONS OF SALE AND LICENSE AGREEMENT” (“AGREEMENT”) CAREFULLY BEFORE INSTALLING AND/OR USING THE PRODUCT (AS DEFINED BELOW). BY INSTALLING AND/OR USING THE PRODUCT, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THE PRODUCT AND RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND IN ACCORDANCE WITH ITS REFUND POLICY.
The software (including any content) and related documentation,
whether on disk, in read only memory, on any other media or in any other form,
(collectively the “Software“) are licensed, not sold, to you by Singer Sourcing
Limited LLC and its licensors (collectively referred to as “SINGER SOURCING
LIMITED LLC.”) for use only under the terms of this Agreement, and SINGER
SOURCING LIMITED LLC. reserves all rights not expressly granted to you. The
“Product” includes the Software and any accompanying “Media” (a DVD / CD
ROM/USB Storage), “Hardware” (a dongle, Memory Card and/or Reader Writer Kit)
and/or related documentation. You own the accompanying Media on which the
Software is recorded and the Hardware, but SINGER SOURCING LIMITED LLC. retains
ownership of the Software itself and grants to you a non-exclusive license to
use the Software. Software will require internet activation.
The terms of this Agreement will govern any Software modules and
upgrades provided by SINGER SOURCING LIMITED LLC. that replace and/or
supplement the original Product, unless such modules or upgrade are accompanied
by a separate license in which case the terms of that license will govern.
Hunspell is the spell checker of this software (Windows only). The source code version of Hunspell is available at
http://hunspell.sourceforge.net/ under the terms of the
Mozilla Public License
This product includes software developed by the OpenSSL Project
for use in the
OpenSSL Toolkit (http://www.openssl.org/). The copyright in
OpenSSL belongs to The OpenSSL Project.
This product also includes the Boost software, used under the
Boost Software License (http://www.boost.org/users/license.html).
This product also includes the POCO software, used under the
Boost Software License (https://pocoproject.org/about.html#license). The copyright in
POCO belongs to the Applied Information Software Engineering GmBh.
This product also includes the Libsodium software, used under the
ISC Software License (https://www.isc.org/licenses/).
Use of the Software.
Except as provided in Section 1(B) herein, this Agreement allows
you to install and use two copies of the Software on two computers at one time.
This Agreement does not allow the Software to exist on more than two computers
at a time, and you may not make the Software available over a network where it
could be used by more computers at the same time as stated above. The Software
may never be used by more than one person at the same time.
Module Software may be purchased separately. Module Software
requires activation of your record for use in connection with the Software.
Once a record is activated for module Software, the record can not be
deactivated, and the module Software becomes a component of the Software as
part of a bundle that may not be separated from the bundle.
If the Product is labelled “Educational Institution Version”, this
Agreement allows you to install and use one copy of the Software on a network
provided that you purchase an appropriate number of Licenses and activations
(sold separately) to accommodate each individual computer on which the Software
is installed, displayed, accessed or used from the network.
Trade Secrets and Copyright.
tThe Software is owned by SINGER SOURCING LIMITED LLC.and/or its
suppliers, and the Software's structure, organisation and code are valuable
trade secrets of SINGER SOURCING LIMITED LLC. and/or its suppliers. The
Software is protected by copyright laws of the United States and other
countries, and by international copyright treaties. Therefore, you must treat
the Software just as you would any other copyright-protected material, such as
a book. YOU MAY NOT COPY, DUPLICATE, REPRODUCE, LICENSE OR SUBLICENCE THE
SOFTWARE OR THE DOCUMENTATION, EXCEPT THAT YOU MAY MAKE ONE BACKUP COPY OF THE
SOFTWARE FOR BACKUP OR ARCHIVAL PURPOSES. SINGER SOURCING LIMITED LLC. will not
provide you a backup copy or replacement for any lost, stolen or corrupted
Software. You agree not to alter, merge, modify, adapt, translate the Software,
nor reverse engineer, decompile, disassemble or otherwise attempt to reveal the
source code of the Software. You may not install your backup copy on any
machine if your primary copy is installed. You may copy the Software onto a
computer, in which case the original copy enclosed with this package should serve
as your backup copy. Any copies that you are permitted to make pursuant to this
Agreement must contain the same copyright and other proprietary notices, which
appear on or in the Software. You may not sell or transfer any copy of the
Software made for backup purposes. Except as stated above, this Agreement does
not grant you any intellectual property or other proprietary rights in the
You may not sell, transfer, rent, lease, license, sublicense,
redistribute or lend any of your licensed rights to another party. All
components of the Software, including module Software that is purchased
separately, are provided as part of a bundle and may not be separated from the
bundle and distributed as standalone applications or units.
Limited Warranty and Disclaimer, Limitation of Remedies and Damages.
Software and Documentation
YOU ACKNOWLEDGE THAT THE SOFTWARE AND THE DOCUMENTATION MAY NOT SATISFY ALL YOUR REQUIREMENTS OR BE FREE FROM DEFECTS. THE SOFTWARE AND THE DOCUMENTATION ARE PROVIDED "AS IS".
Hardware and Media
SINGER SOURCING LIMITED LLC. WARRANTS THAT THE MEDIA WILL BE FREE OF DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR 90 DAYS FROM ORIGINAL PURCHASE. SINGER SOURCING LIMITED LLC. WARRANTS THAT THE HARDWARE IS FREE OF DEFECTS IN MATERIALS AND WORKMANSHIP FOR ONE (1) YEAR AFTER THE ORIGINAL PURCHASE OF THE PRODUCTS TO THE EXTENTS HERE STATED.
DURING THE RESPECTIVE WARRANTY PERIOD, SINGER SOURCING LIMITED LLC. WILL REPAIR OR REPLACE (AT ITS OPTION), WITHOUT ANY COSTS FOR YOU, NEITHER FOR PARTS NOR FOR LABOUR, MEDIA OR HARDWARE THAT PROVES TO BE DEFECTIVE IN MATERIALS OR WORKMANSHIP. NOTWITHSTANDING THE FOREGOING, SINGER SOURCING LIMITED LLC. MAY ALSO, AT ITS OPTION, REMEDY ANY DEFECTIVE MEDIA BY PROVIDING A FULL REFUND OF THE PURCHASE PRICE.
THE LIMITED WARRANTY FOR HARDWARE DOES NOT COVER ANY ITEMS THAT ARE IN ONE OR MORE OF THE FOLLOWING CATEGORIES: PARTS THAT NORMALLY REQUIRE REPLACEMENT, FAILURE DUE TO ORDINARY WEAR AND TEAR, USAGE NOT IN ACCORDANCE WITH PRODUCT INSTRUCTIONS, FAILURE TO PROVIDE NORMAL MAINTENANCE, MISUSE OR UNAUTHORISED REPAIR, SOFTWARE, EXTERNAL DEVICES (EXCEPT AS SPECIFICALLY NOTED), ACCESSORIES OR PARTS ADDED AFTER THE HARDWARE HAS BEEN DELIVERED FROM SINGER SOURCING LIMITED LLC.
THE WARRANTIES STATED ABOVE ARE MADE TO THE PURCHASER OF THE PRODUCTS FOR HIS OR HER OWN NORMAL USE.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SINGER SOURCING LIMITED LLC. DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ALL EXPRESS WARRANTIES FOR THE PRODUCTS, AND ANY IMPLIED WARRANTIES THAT MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD SET FORTH ABOVE, AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER SUCH PERIOD.
YOUR EXCLUSIVE REMEDY FOR BREACH OF WARRANTY WILL BE AS HERE STATED. IN NO EVENT WILL SINGER SOURCING LIMITED LLC. OR ITS DEVELOPER, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGE (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, BUSINESS INFORMATION AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCTS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF SINGER SOURCING LIMITED LLC. OR AN AUTHORIZED SINGER SOURCING LIMITED LLC. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ALSO SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD SET FORTH ABOVE AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER SUCH PERIOD. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
Governing Law and General Provisions.
This agreement will be governed by the laws in force in the State of New York excluding the applications of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. 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. This Agreement may only be modified in writing signed by an authorized representative of SINGER SOURCING LIMITED LLC.
This Agreement may be translated in two counterparts. One is in English, and the other is in a language previously designated by you. Each of the translations shall be deemed an original but all of which together shall constitute one and the same instrument. In the event that there is a conflict in the interpretation of the language, the English language interpretation shall prevail.
Any unauthorized copying of the Software, or failure to comply with any provision of this Agreement, will result in automatic termination of this Agreement and all licenses granted under this Agreement, and Licensee must destroy all copies of the Software. In the event that you breach this Agreement, SINGER SOURCING LIMITED LLC. shall have available and reserves all legal remedies.