Privacy policy

END USER LICENSE AGREEMENT
This End User License Agreement ("EULA") is a legal agreement between you and Savage Fly Inc. governing your license of software products from Savage Fly Inc. BY CLICKING "I AGREE", INSTALLING, COPYING, OR OTHERWISE USING ANY PART OF THE SOFTWARE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE. PROMPTLY RETURN THE SOFTWARE IN AN UNDAMAGED CONDITION TO YOUR SUPPLIER WITHIN 30 DAYS OF YOUR FIRST RECEIPT OF THE SOFTWARE, AND YOUR LICENSE FEE WILL BE REFUNDED. SOFTWARE AND DOCUMENTATION. "Software" means the computer programs accompanying or provided under this EULA, together with the associated media and corresponding Documentation. "Documentation" means the end user manual and other documentation (including print and online), if any, provided to you with the Software.

LICENSE TYPES. The following license types describe the licenses generally available from Savage Fly Inc.:

Per User License -- A Per User License permits a single user to use the Software under the terms of the license. If the Software is installed on a single computer used by multiple users, a customer must purchase additional licenses for each user that accesses the Software. Further, if the Software is installed or accessed through a network, the customer must purchase additional licenses for each user that accesses the Software through the network. Node License -- A Node License is used for Savage Fly Inc.'s AppCommander™ and allows a customer to use the Software to restrict or password protect applications that can be delivered to a maximum number of Nodes within its organization, not to exceed the sum of the customer's licensed nodal count. A "Node" means any end-user computer or workstation. Evaluation License -- An Evaluation License is a limited license that provides a customer an opportunity to try the Software before buying a full license. A temporary activation key will be issued to the customer for this license specifying the permitted use and the evaluation period. The Software may contain an automatic disabling mechanism.

LICENSE GRANT. The Software is licensed and not sold. Provided you have paid all applicable fees, registered the Software with Savage Fly Inc., and otherwise complied with all terms and conditions of this EULA, Savage Fly Inc. grants you a non-exclusive, non-transferable, limited license to use the Software in object code form only on the number of computers in accordance with the applicable license types as more fully described below. The Software is licensed for internal use. Unless otherwise prohibited by the terms of this EULA, you may use the Software to create editions for software you originally developed as well as third party licensed software. You may also redistribute royalty-free any editions that you create for products using the Software. Any other use is expressly prohibited. If you acquire a Per User License, one user may use the Software under the terms and conditions set forth herein Accordingly, Software installed on a single computer but used by multiple users requires a separate license for each user that accesses the Software, and Software installed or accessed through a network requires a separate license for each user that accesses the Software through the network. If you acquire a Node License for Savage Fly Inc.'s AppCommander™, you may use the Software to restrict or password protect applications that can be delivered to a maximum number of Nodes within your organization, not to exceed the sum of your licensed nodal count. If you acquire an Evaluation License, you may only use the Software for evaluation purposes and not for commercial use. The Software is licensed only for the specified evaluation period, which will begin on the date that the Software is first downloaded or delivered. If no period of use is specified, then your right to use the Software shall terminate thirty (30) days from receipt of the Software, at which time you must return or destroy the Software COPIES. You may make copies of the Software provided that any such copy: (i) is created as an essential step in the utilization of the Software as licensed under this EULA, or (ii) is only used for archival purposes to back-up the Software. All trademark, copyright and proprietary rights notices must be faithfully reproduced and included by you on such copies. You may not make any other copies of the Software.

OTHER RESTRICTIONS. Savage Fly Inc. reserves all rights not expressly granted to you herein. Without limiting the generality of the foregoing, you shall not, without the prior written approval of Savage Fly Inc.: (i) disassemble, de-compile, reverse engineer, or otherwise attempt to reconstruct or discover the source of this Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, or (ii) modify or create derivative works based upon the Software, or (iii) commercially distribute, sublicense, resell or otherwise transfer this Software, or (iv) rent, lease, lend, or use the Software for commercial timesharing or bureau use, or (v) allow a third party to copy, access or use the Software; or (vi) disclose the results of any benchmark test of the Software to a third party. You must agree to keep records of your use of the Software and to permit Savage Fly Inc. to audit such records during normal business hours upon reasonable notice.

OWNERSHIP. All title and intellectual property in and to the Software (including all copies of the Software made by you) are owned by Savage Fly Inc. and its licensor(s), if any. The Software is protected by copyright law and international treaty provisions.

RENEWAL UPGRADE PROTECTION (RUP). Renewal Upgrade Protection (RUP) is governed by Savage Fly Inc.'s current maintenance and support policies, which generally provide that Savage Fly Inc.'s enterprise products (including Savage Fly Inc.’s AppCommander™) include one year of RUP from the date of product purchase, and Savage Fly Inc.'s developer products (including Savage Fly Inc.’s Edition Creator and Savage Fly Inc.’s Evaluation System) do not include RUP. If your purchase of product includes RUP or if you have purchased RUP separately, Savage Fly Inc. will provide you with any upgrades and updates for the Software that are released by Savage Fly Inc. for general distribution to its other licensees during the period for which you are entitled to RUP. Any upgrades and updates will be licensed to you as "Software" pursuant to this EULA. Savage Fly Inc. has no obligation to provide you with any upgrades or updates that are not released for general distribution to Savage Fly Inc.'s other licensees, and nothing herein entitles you to (i) any other versions of Software that are developed for different platforms or different operating systems, or (ii) any custom programs or custom modifications, improvements, or enhancements developed by Savage Fly Inc. for other licensees.

LIMITED WARRANTY. If (a) the Software does not substantially conform to its specifications in the Documentation, the physical media accompanying the Software is defective, or if you are dissatisfied with the Software for any reason, and (b) if the Software (including all accompanying media, Documentation, packaging and materials) is returned by you to Savage Fly Inc. within thirty (30) days of first receipt, then your license fee for the Software will be refunded to you. Upon return, this EULA shall terminate and you must immediately cease all use of the Software and remove and erase all copies of any Software from all computers and storage media and devices within your possession or control. At Savage Fly Inc.'s request, you will certify in writing to Savage Fly Inc. that you have complied with this Section. If within thirty (30) days Savage Fly inc. has not received the requested certification, Savage Fly inc. will not provide a refund of any form. In the event that the Software is licensed to you for evaluation or demonstration purposes, there shall be no refund because such licenses are free. In the event you purchase a license to the Software during or after an evaluation license for such Software, then Savage Fly Inc. shall have no obligation to refund any license fees paid by you for the license to the Software (i.e., the 30 day evaluation period is your thirty day limited warranty period).

THIS LIMITED WARRANTY SHALL NOT APPLY TO SOFTWARE UPDATES AND UPGRADES; ALL UPDATES AND UPGRADES ARE LICENSED "AS IS," WITHOUT WARRANTY OF ANY KIND. NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY WARRANTED ABOVE IN SECTION 8, THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY EXPRESS WARRANTY MADE OUTSIDE OF THIS EULA IS EXCLUDED AND SUPERSEDED. SAVAGE FLY INC. DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE.

Some jurisdictions do not allow certain disclaimers and limitation of warranties, so some of these may not apply to you. NON-SAVAGE FLY INC. PRODUCTS. SAVAGE FLY INC. DOES NOT WARRANT NON-SAVAGE FLY INC. PRODUCTS. ANY SUCH PRODUCTS ARE PROVIDED ON AN "AS-IS" BASIS. ANY WARRANTY SERVICE FOR NON-SAVAGE FLY INC. PRODUCTS WILL BE PROVIDED BY THE PRODUCT MANUFACTURER IN ACCORDANCE WITH ANY APPLICABLE MANUFACTURER'S WARRANTY. LIMITATION OF LIABILITY. THE AGGREGATE LIABILITY OF SAVAGE FLY INC. ARISING FROM OR RELATING TO THIS EULA OR USE OF THE SOFTWARE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER CONTRACT, WARRANTY, TORT AND/OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF ALL LICENSE FEES PAID BY YOU FOR THE SOFTWARE LICENSE(S) GRANTED HEREUNDER.

SAVAGE FLY INC. SHALL NOT IN ANY CASE BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, BUSINESS, OR DATA, REGARDLESS OF THE FORM OF ACTION AND EVEN IF SAVAGE FLY INC. HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. Some jurisdictions do not allow certain exclusions or limitations of liability, so some of these may not apply to you. SOLE REMEDY AND ALLOCATION OF RISK. YOUR SOLE AND EXCLUSIVE REMEDY AND SAVAGE FLY INC.'S SOLE AND EXCLUSIVE LIABILITY ARE SET FORTH IN THIS EULA. This EULA defines a mutually agreed-upon allocation of risk. NOTICE. THE SOFTWARE IS NOT INTENDED OR LICENSED FOR USE IN ANY HAZARDOUS OR HIGH RISK ACTIVITY. NO SUPPORT.

Except as expressly required by applicable law and/or Savage Fly Inc.'s current support and maintenance policies, nothing in this EULA entitles you to any support, maintenance or new versions of the Software. You may contact Savage Fly Inc. to determine the availability of support, maintenance and new versions of the Software, and the fees, terms and conditions that would apply. TAXES. In the event that any withholding, sales or use taxes or other taxes or government fees, assessments or charges are payable because of this EULA, or any license of the Software, or because of any payment by you, then you shall pay such taxes, fees, assessments and charges in addition to all other payments.

GOVERNING LAW AND ATTORNEYS' FEES. This EULA shall be governed by the laws of the state of Delaware and the United States of America without giving effect to conflict or choice of law principles, and any litigation between the parties arising under this EULA shall be conducted exclusively in Delaware or Michigan state courts or the federal district courts within the state of Delaware or the state of Michigan. The parties agree to exclude application of the "United Nations Convention on Contracts for the International Sale of Goods" to this EULA. If you acquired the Software in a country outside the United States then that country's local laws may apply. In any action or suit to enforce any right or remedy under this EULA or to interpret any provision of this EULA, the prevailing party will be entitled to recover its costs, including reasonable attorneys' fees. SEVERABILITY. If any provision in this EULA is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this EULA shall remain in effect. TERM AND TERMINATION. This EULA is effective until terminated. You may terminate this EULA by uninstalling and returning the Software to Savage Fly Inc. along with all Documentation and original media. The licenses granted herein shall automatically terminate without notice if you fail to comply with any material provision of this EULA. In such event, you must immediately uninstall and return the Software, including all Documentation and original media, to Savage Fly Inc. This shall not limit or affect any remedy available to Savage Fly Inc. for your breach of this EULA.

U.S. GOVERNMENT END USERS. The Software is provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions applicable to commercial computer software as set forth in the Federal Acquisition Regulations (FAR) §52.227-14 (Jun 1987) Alternate III (June 1987), FAR § 52.227-19 (June 1987), or DFARS § 252.227-7013 (b)(3) (Nov 1995) or applicable successor provisions. EXPORT LAWS. Regardless of any disclosure made by you to Savage Fly Inc. regarding an ultimate destination of the Software, you shall not export, re-export or disclose (directly or indirectly) any Software, or any portion thereof, to any country in violation of U.S. export laws or regulations or any other law, regulation or government order. It is your responsibility to comply with the United States government requirements as they may be amended from time to time.

CONSTRUCTION. No rule of strict construction shall apply against or in favor of either party in the construction and interpretation of this EULA. ASSIGNMENT. You may not assign, sublicense or transfer this EULA, the Software, or any rights or obligations hereunder without prior written consent of Savage Fly Inc. Any such attempted assignment, sublicense, or transfer will be null and void. Savage Fly Inc. may terminate this EULA in the event of any such attempted assignment, sublicense, or transfer.

ENTIRE AGREEMENT. This EULA sets forth the entire understanding and agreement between the parties relating to its subject matter and may be amended only in a writing signed by both parties.

ANY TERMS AND CONDITIONS OF ANY PURCHASE ORDER OR OTHER DOCUMENT SUBMITTED BY YOU IN CONNECTION WITH THE SOFTWARE THAT IS IN ADDITION TO, DIFFERENT FROM OR INCONSISTENT WITH THE TERMS AND CONDITIONS OF THIS EULA ARE NOT BINDING ON SAVAGE FLY INC. AND ARE INEFFECTIVE. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED BY SAVAGE FLY INC. TO MODIFY THIS EULA OR TO MAKE ANY WARRANTY, REPRESENTATION OR PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE WARRANTIES, REPRESENTATIONS OR PROMISES EXPRESSLY SET FORTH IN THIS EULA.