End user agreement for Selkie Quick File Transfer
Selkie End-User License Agreement (EULA)
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Tugboat Enterprises Corporation ("Tugboat Enterprises") for the Tugboat Enterprises software product Selkie, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services (the "Product"). The Product does not include those separate components that are included on the same downloadable and physical media as the software product, which components are licensed separately. For more information, see the file "licenses.html" under the subfolder "help/licenses" on the Product media.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY BURNING TO A CD, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, BURN TO A CD OR USE THE PRODUCT; IF YOU HAVE ALREADY PAID FOR THE PRODUCT YOU MAY RETURN IT FOR A FULL REFUND.
Intellectual Property, Title and License Grant
The Product is protected by copyright laws, international copyright treaties, trade secret laws and other intellectual property laws and treaties. The Product is licensed, not sold to you, and can only be used in accordance with the terms of this EULA. Tugboat Enterprises retains title and ownership of the Product, including all intellectual property rights in the Product and all copies of the Product. Subject to the terms of this EULA, Tugboat Enterprises hereby grants to you a limited, non-exclusive license to use the Product.
The license for the Product is held by the registered licensee. The registered licensee may download; burn on a CD, use, access, display and run one copy of the Product on a computer owned by the registered licensee, such as a workstation, terminal or other device ("Workstation Computer"). A license should be purchased for each computer on which the Product will be used. The first license purchased may be used for two Workstation Computers without violating the terms of the EULA.
Notwithstanding the terms of the EULA, registered licensees who own, operate, or are employed by a computer repair retail, manufacturing, or wholesale operation may use the Product on more than one computer in the course of performing his or her job by obtaining a multi-use licenses for the Product.
To use a Product identified as an upgrade, you must first be licensed for the Selkie Product identified by Tugboat Enterprises as eligible for the upgrade.
Limitation on Reverse Engineering, Decompilation, and Disassembly
You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
The export and re-export of Tugboat Enterprises software products are controlled by the laws and regulations of the Government of Canada.
Tugboat Enterprises warrants that the Product will perform substantially in accordance with its accompanying related documentation for a period of sixty days from the date of its receipt by the registered licensee.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TUGBOAT ENTERPRISES DISCLAIMS ANY OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, TITLE, NON-INFRINGEMENT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (SIXTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE SIXTY (60) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the Product, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the sixty day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES
Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund provided by Tugboat Enterprises, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does not meet Tugboat Enterprises' Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose.
Tugboat Enterprises and its suppliers' entire liability and your exclusive remedy shall be, at Tugboat Enterprises' option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the license of the Product, or (b) repair or replacement of the Product, that does not meet this Limited Warranty and that is returned to Tugboat Enterprises with a copy of your receipt. You will receive the remedy elected by Tugboat Enterprises without charge, except that you are responsible for any expenses you may incur (example; cost of shipping the Product to Tugboat Enterprises). This Limited Warranty is void if failure of the Product has resulted from accident, abuse, misapplication, abnormal use or a virus.
Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States or Canada, neither these remedies nor any product support services offered by Tugboat Enterprises are available without proof of purchase from an authorized international source.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TUGBOAT ENTERPRISES 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 PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF TUGBOAT ENTERPRISES OR ANY SUPPLIER, AND EVEN IF TUGBOAT ENTERPRISES OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you acquired this Product in Canada this EULA is governed by the laws in force in the Province of British Columbia, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Vancouver, British Columbia. If this Product was acquired in the United States, then the laws of the State of Washington apply. If this Product was acquired outside Canada and the United States, then local law may apply.
Consent to Use of Data
You agree that Tugboat Enterprises and its affiliates may collect and use technical information gathered in any manner as part of the product support services provided to you, if any, related to the Product. Tugboat Enterprises may use this information solely to improve our products or to provide customized services or technologies to you. Tugboat Enterprises may disclose this information to others, but not in a form that personally identifies you.
Not for Resale Software
The Product is identified as "Not for Resale" or "NFR," and may not be sold, sub-licensed or transferred for value. You may permanently transfer all of your rights under this EULA provided you retain no copies of the Product, you transfer all of the Product and the transferee agrees to be bound by the terms of this EULA. If the Product is an upgrade, any transfer must include all prior versions of the Product.
Without prejudice to any other rights, Tugboat Enterprises may terminate this EULA if you fail to comply with its terms. If the EULA is terminated you will immediately destroy all copies of the Product including all portions and derivatives thereof.