End User License Agreement
This End User License Agreement (EULA) is for informational purposes only. There is no software accompanying the EULA.
IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and SYSTWEAK SOFTWARE (“Company”) for the Company software Similar Photos Fixer that accompanies this EULA, which includes Device software Similar Photos Fixer and may include associated media, printed materials, “online” or electronic documentation, and Internet-based services (“Similar Photos Fixer Software”). An amendment or addendum to this EULA may accompany the Similar Photos Fixer . YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE Similar Photos Fixer SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE Similar Photos Fixer SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
1. GRANT OF LICENSE. Company grants you the following rights provided that you comply with all terms and conditions of this EULA:
1.1 Installation and use. You may install, use, access, display and run one copy of the Similar Photos Fixer on a single Device, such as a workstation, terminal or other device (“Device”).
1.2 Mandatory Activation, if Applicable. The license rights granted under this EULA are limited to the first sixty (60) days after you first install the Similar Photos Fixer Software unless you supply information required to activate your licensed copy in the manner described during the setup sequence of the Similar Photos Fixer Software. You can activate the Similar Photos Fixer Software through the use of the Internet or telephone; toll charges may apply. You may also need to reactivate the Similar Photos Fixer Software if you modify your Device hardware or alter the Similar Photos Fixer Software. There are technological measures in this Similar Photos Fixer Software that are designed to prevent unlicensed use of the Similar Photos Fixer Software. Company will use those measures to confirm you have a legally licensed copy of the Similar Photos Fixer Software. If you are not using a licensed copy of the Similar Photos Fixer Software, you are not allowed to install the Similar Photos Fixer Software or future Similar Photos Fixer Software updates. Company will not collect any personally identifiable information from your Device during this process. The terms in this section may or may not apply to your copy of the Similar Photos Fixer Software and can be confirmed by sending a mail to support, or your point of purchase.
1.3 Storage/Network Use. You may also store or install a copy of the Similar Photos Fixer Software on a storage device, such as a network server, used only to install or run Similar Photos Fixer Software on your other Workstation Devices over an internal network; however, you must acquire and dedicate an additional license for each separate Device on or from which Similar Photos Fixer Software is installed, used, accessed, displayed or run. Except as otherwise permitted, a license for Similar Photos Fixer Software may not be shared or used concurrently on different Devices.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.1 Internet-Based Services Components. Similar Photos Fixer Software contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that Company may automatically check the version of Similar Photos Fixer Software and/or its components that you are utilizing and may provide upgrades or fixes to Similar Photos Fixer Software that will be automatically downloaded to your Device.
2.2 Update Features. . If you choose to utilize the driver update features within Similar Photos Fixer Software, it is necessary to use certain Device system, hardware, and software information to implement the features. By using these features, you explicitly authorize Company or its designated agent to access and utilize the necessary information for updating purposes. Company may use this information solely to improve our software or to provide customized services or technologies to you. Company may disclose this information to others, but not in a form that personally identifies you.
2.3 Platform Support. Similar Photos Fixer Software and/or its associated packaging and materials may contain statements about system configuration requirements or operating system compatibility. Company specifically disclaims any and all compatibility support for platforms where manufacturer support has been discontinued.
2.4 FUNCTIONAL CHANGES. UPDATES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN AND COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN Similar Photos Fixer SOFTWARE DESCRIBED HEREIN (INCLUDING REMOVAL OR DISCONTINUATION OF FEATURES, FUNCTIONS OR SERVICES) AT ANY TIME WITHOUT NOTICE. AT THE TIME OF PURCHASE, Similar Photos Fixer SOFTWARE MAY NOT INCLUDE ALL (OR MAY INCLUDE DIFFERENT) FUNCTIONS AND FEATURES THAN ADVERTISED. FUNCTIONS AND FEATURES ARE SUBJECT TO FURTHER CHANGE WITHOUT NOTICE AFTER PURCHASE AND INSTALLATION BY THE USER. Similar Photos Fixer SOFTWARE MAY OR MAY NOT BE SOLD AS A SUBSCRIPTION-BASED SERVICE AND ALL USERS MUST ACCEPT ALL CHANGES MADE TO SOFTWARE, DURING SUCH SUBSCRIPTION OR LICENSE PERIOD, WHICH MAY INCLUDE THE INABILITY TO CONTINUE USING A FEATURE OR FUNCTION IF COMPANY ELECTS IN ITS SOLE DISCRETION TO DISCONTINUE IT.
3. RESERVATION OF RIGHTS AND OWNERSHIP. Company reserves all rights not expressly granted to you in this EULA. Similar Photos Fixer Software is protected by copyright and other intellectual property laws and treaties. Company or its suppliers own the title, copyright, and other intellectual property rights in Similar Photos Fixer Software. Similar Photos Fixer Software is licensed, not sold.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble Similar Photos Fixer 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 Similar Photos Fixer Software.
6. CONSENT TO USE OF DATA. You agree that Company and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to Similar Photos Fixer Software. Company may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
7. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of Similar Photos Fixer Software. The third-party sites are not under the control of Company, and Company 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. Company is not responsible for webcasting or any other form of transmission received from any third-party sites. Company 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 Company of the third-party site.
8. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of Similar Photos Fixer Software that Company may provide to you or make available to you after the date you obtain your initial copy of Similar Photos Fixer Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Company reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of Similar Photos Fixer Software.
9. UPGRADES. To use Software identified as an upgrade, you must first be licensed for Similar Photos Fixer Software identified by Company as eligible for the upgrade. After upgrading, you may no longer use Similar Photos Fixer Software that formed the basis for your upgrade eligibility.
10. NOT FOR RESALE SOFTWARE. Software identified as “Not For Resale” or “NFR,” may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.
11. EXPORT RESTRICTIONS. You acknowledge that Similar Photos Fixer Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to Similar Photos Fixer 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.
12. SOFTWARE TRANSFER. Internal. You may move Similar Photos Fixer Software to a different Device. After the transfer, you must completely remove Similar Photos Fixer Software from the former Device. Transfer to Third Party. The initial user of Similar Photos Fixer Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of Similar Photos Fixer Software. This transfer must include all of Similar Photos Fixer Software (including all component parts, the media and printed materials, any upgrades, this EULA etc). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving Similar Photos Fixer Software must agree to all the EULA terms.
13. TERMINATION. Without prejudice to any other rights, Company may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of Similar Photos Fixer Software and all of its component parts.
14. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA. Company warrants that Similar Photos Fixer Software will perform substantially in accordance with the accompanying materials for a period of Sixty (60) days from the date of receipt. 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-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 Similar Photos Fixer Software, 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 elected by Company, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if Similar Photos Fixer Software does not meet Company’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 16 (“Exclusion of Incidental, Consequential and Certain Other Damages”) are also incorporated into this Limited Warranty. 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. Company’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 Similar Photos Fixer Software shall be, at Company’s option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for Similar Photos Fixer Software, or (b) repair or replacement of Similar Photos Fixer Software, that does not meet this Limited Warranty and that is returned to Company with a copy of your receipt. You will receive the remedy elected by Company without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping Similar Photos Fixer Software to Company). This Limited Warranty is void if failure of Similar Photos Fixer 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 ten (10) days, whichever is longer, and Company will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Company’s warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by Company are available without proof of purchase from an authorized international source.
15. 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, Company and its suppliers provide Similar Photos Fixer 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 Similar Photos Fixer Software, and the provision of or failure to provide support or other services, information, software, and related content through Similar Photos Fixer Software or otherwise arising out of the use of Similar Photos Fixer Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO Similar Photos Fixer SOFTWARE.
16. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY 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 Similar Photos Fixer SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH Similar Photos Fixer SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF Similar Photos Fixer 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 COMPANY OR ANY SUPPLIER, AND EVEN IF COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. 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 Company 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 Company 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 Similar Photos Fixer Software up to the amount actually paid by you for Similar Photos Fixer Software or US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 14, 15 and 16) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
18. APPLICABLE LAW. This EULA is governed by the laws of India.
19. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with Similar Photos Fixer Software) is the entire agreement between you and Company relating to Similar Photos Fixer Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to Similar Photos Fixer Software or any other subject matter covered by this EULA. To the extent the terms of any Company 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.
The guarantee – Similar Photos Fixer Software is designed and offered as a general-purpose software, not for any user’s particular purpose. You accept that no Software is error free and you are strongly advised to back up your files regularly. Provided that you have a valid license, Company guarantees that a) for a period of 60 days from the date of receipt of your license to use Similar Photos Fixer Software or the shortest period permitted by applicable law it will perform substantially in accordance with the written materials that accompany Similar Photos Fixer Software; and b) any support services provided by Company shall be substantially as described in applicable written materials provided to you by company and Company support engineers will use reasonable efforts, care and skill to solve any problem issues. In the event that Similar Photos Fixer Software fails to comply with this guarantee, Company will either (a) repair or replace Similar Photos Fixer Software or (b) return the price you paid. This guarantee is void if failure of Similar Photos Fixer Software results from accident, abuse or misapplication. Any replacement Software will be guaranteed for the remainder of the original guarantee period or 60 days, whichever period is longer. You agree that the above guarantee is your sole guarantee in relation to Similar Photos Fixer Software and any support services.
Exclusion of All Other Terms – To the maximum extent permitted by applicable law and subject to the guarantee above, Company disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to Similar Photos Fixer Software and the written materials that accompany Similar Photos Fixer Software. Any implied warranties that cannot be excluded are limited to 60 days or to the shortest period permitted by applicable law, whichever is greater.
Limitation of Liability – To the maximum extent permitted by applicable law and except as provided in the Company Guarantee, Company and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use Similar Photos Fixer Software, even if Company has been advised of the possibility of such damages. In any case Company’s entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for Similar Photos Fixer Software. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws.
