Softhard ShopMate End User Licence Agreement
ShopMate Automotive Accounting Software Database System EULA
SUPPLEMENTAL END USER LICENCE AGREEMENT
FOR SOFTHARD SOFTWARE ("Supplemental EULA")
Copyright © 1995-2017 Softhard Solutions
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The SOFTHARD SOLUTIONS ("SOFTHARD") software that accompanies this Supplemental
EULA, including any "online" or electronic documentation and associated
media (collectively, the "Technology"), is subject to the terms and conditions
of the end user licence agreement ("Applicable EULA") under which you
have validly licenced the applicable software product which contains an earlier
version of the Technology ("Software") as well as the terms and conditions
of this Supplemental EULA. To the extent any terms in this Supplemental EULA conflict
with terms in the Applicable EULA, the terms of this Supplemental EULA control solely
with respect to the Technology. If there is no Applicable EULA, this Supplemental
EULA controls the Applicable EULA. Capitalized terms used and not otherwise defined
herein shall have the meanings assigned to them in the Applicable EULA.
BY INSTALLING, COPYING OR OTHERWISE USING THE TECHNOLOGY OR ANY PART THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE EULA AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR USE THE TECHNOLOGY.
IF YOU DO NOT HAVE A VALIDLY LICENCED COPY OF THE SOFTWARE, YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR USE THE TECHNOLOGY AND YOU HAVE NO RIGHTS UNDER THIS SUPPLEMENTAL EULA.
I. GENERAL USE TERMS
The Technology is provided solely to update, supplement or replace certain existing functionality of the Software. SOFTHARD grants you a licence to install and use the Technology under the terms and conditions of the Applicable EULA (which are hereby incorporated by reference except as set forth below) and the terms and conditions of this Supplemental EULA, subject to your compliance with such terms and conditions.
II. REDISTRIBUTION RIGHTS
You may have additional rights under the Applicable EULA to distribute the Technology and certain files under special agreement reached between you and SOFTHARD.
III. ADDITIONAL RIGHTS AND LIMITATIONS
The Technology is protected by copyright and other intellectual property laws and treaties. SOFTHARD or its suppliers own the title, copyright and other intellectual property rights in the Technology. SOFTHARD retains all right, title and interest in and to the Technology. All rights not expressly granted are reserved by SOFTHARD. The Technology is licenced, not sold.
You may not reverse engineer, decompile, or disassemble the Technology, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
Solely with respect to the Technology, if the licencee of the Software was an entity other than SOFTHARD, then for the purposes of this Supplemental EULA SOFTHARD is the licencee with respect to the Technology in lieu of the other entity. With respect to existing functionality contained in the Software that is not updated, supplemented, or replaced by the Technology, the Applicable EULA provided by the other licensing entity shall remain in full force and effect as to that Software.
IF THE SOFTWARE WAS LICENCED TO YOU BY SOFTHARD OR ANY OF ITS SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE EULA APPLIES TO THE TECHNOLOGY PROVIDED THE TECHNOLOGY HAS BEEN LICENCED BY YOU WITHIN THE TERM OF THE LIMITED WARRANTY IN THE APPLICABLE EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED.
IF THE SOFTWARE WAS LICENCED TO YOU BY AN ENTITY OTHER THAN SOFTHARD OR ANY OF ITS SUBSIDIARIES, SOFTHARD DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE TECHNOLOGY AS FOLLOWS:
DISCLAIMER OF WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTHARD AND ITS SUPPLIERS PROVIDE TO YOU THE TECHNOLOGY, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE TECHNOLOGY ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND SOFTHARD AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE TECHNOLOGY AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE TECHNOLOGY AND ANY SUPPORT SERVICES REMAINS WITH YOU.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOFTHARD OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE TECHNOLOGY OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS SUPPLEMENTAL EULA, EVEN IF SOFTHARD OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF SOFTHARD AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE TECHNOLOGY OR AUD$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
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