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Terms, Conditions & Disclaimer

This is the READ ME file for our Stillpeaks software with Disclaimer, Conditions & License Agreement Text.This is the READ ME file for our Stillpeaks software with Disclaimer, Conditions & License Agreement Text.

Please contact us (at Info at(@) StillPeaks.com) if any hiccups occur during installation, registration or licensing.

With regards,Your StillPeaks team

PLEASE BE AWARE OF OUR STILLPEAKS DISCLAIMER, CONDITIONS AND LICENSE AGREEMENT TEXT.

PLEASE READ THIS BEFORE DOWNLOADING, INSTALLING AND USING OUR SOFTWARE.

BY ACCEPTING OUR LICENSE AGREEMENT, DOWNLOADING OUR SOFTWARE, OPENING OUR SOFTWARE AND USING OUR SOFTWARE, YOU’RE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DON’T AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCEPT AND DO NOT CONTINUE INSTALLING OUR SOFTWARE.

SINGLE USER LICENSE:
StillPeaks grants to a Customer a periodical, non-exclusive and non-transferable license to use our software on a computer defined as fit to run our software.

MULTIPLE-USERS LICENSE:
StillPeaks grants a Customer periodical non-exclusive and non-transferable licenses to use our software:

  1. installed on a single location on a hard disk or other storage device of up to the number of computers of the Customer for which Customer has paid a license fee (“Number of Computers”); or
  2. configured for network use, installed on a single server for use on a single local area network for either (not both) of the following purposes:
    • (a) installation onto a hard disk or other storage device of up to the Permitted Number of Computers for periodical use; or
    • (b) periodical use of our software over such network, provided the number of computers connected to the server does not exceed the Permitted Number of Computers.

Customer may only use the programs contained in our software

  1. for which Customer has paid the license fee (or in the case of a trial version, those programs Customer is authorized to test) and
  2. for which Customer has received a product authorization key (license key).

Customer grants to StillPeaks or its represent the right to verify compliance with this agreement. In the event such audit discloses that the Permitted Number of Computers is exceeded, Customer shall promptly pay to StillPeaks the appropriate license fee and StillPeaks may decide to terminate this license because of not accepting this agreement.

EXCEPT AS AUTHORIZED ABOVE, CUSTOMER SHALL NOT COPY OUR SOFTWARE, IN WHOLE OR IN PART, COPY OUR DOCUMENTATION, MODIFY OUR SOFTWARE, REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PART OF OUR SOFTWARE, OR (RE-)DISTRIBUTE OUR SOFTWARE.

Customer agrees that our licensed software and aspects of it, including but not limited to the specific design and structure of our software programs, constitute trade secrets and/or copyrighted material all is owned bij StillPeaks. Customer agrees not to disclose, provide, or otherwise make available in any form to third parties without the prior written consent of StillPeaks. Customer agrees to implement the correct security measures to protect such.

Rights concerning software and documentation shall remain solely with StillPeaks.

LIMITED WARRANTY

StillPeaks warrants that for a period of thirty (30) days from the date of shipment:

  • (i) the media on which the software is furnished will be free of defects in materials and workmanship under normal use; and
  • (ii) the Software substantially conforms to its published specifications.

Except for the foregoing, the software is provided AS IS. This limited warranty extends only to Customer as the original licensee.

Customer’s exclusive remedy and the entire liability of StillPeaks and its representatives under this limited warranty will be, at StillPeaks or its service representatives, repair, replacement, or refund of our software if reported (or, upon request, returned) to us. In no event does StillPeaks warrant that the software is error free or that Customer will be able to operate the software without problems or interruptions.

This warranty does not apply if the software (a) has been altered, except by StillPeaks, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by StillPeaks, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in ultrahazardous activities.

DISCLAIMER 

EXCEPT AS SPECIFIED ABOVE, ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED.

IN NO EVENT WILL STILLPEAKS OR ITS REPRESENTATIVES BE LIABLE FOR ANY LOST REVENUE, PROFIT, DATA OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF STILLPEAKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall StillPeaks or its representatives liability to Customer, whether in contract or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose.

The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which StillPeaks does not receive a license fee. All such software products are provided AS IS without any warranty whatsoever.

This Agreement is effective until the license (periodically) ends. Customer may end this License at any time by destroying all copies of our software including all documentation. This License will terminate immediately without notice from StillPeaks if Customer fails to comply with anything out this license agreement.

Upon termination, Customer must destroy all copies of our software. Customer agrees to comply strictly with all regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import our software.

The license agreement constitutes the entire License between the parties with respect to the use of our Software.

RESTRICTED RIGHTS
StillPeaks’ software is provided with RESTRICTED RIGHTS and its supporting documentation is provided with LIMITED RIGHTS. Use, duplication, or disclosure by any organization is subject to License agreement similar as this.