Software License Agreement
This is a legal agreement between you, a commercial entity (“User”), the end user, and Gliffen, LLC. (“Gliffen”), a Wyoming corporation, regarding your use of GSale (“Software”). By the purchase of this Software, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, you immediately relinquish all rights relating to your use and access of the software.
1. Grant of License. Gliffen hereby grants to User the personal, non-exclusive, and nontransferable right to access and utilize the Software solely for its commercial use. Sharing this Software with other individuals/companies or allowing other individuals/companies to view the contents of this Software is in violation of this license.
2. Copyright. The Software is owned by Gliffen and protected by United States and international copyright law. You may not remove or conceal any proprietary notices, labels or marks from the Software.
3. Restrictions on Use. You may not, and you may not permit others to (a) reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from, the Software; (b) modify, distribute, or create derivative works of the Software; (c) copy, distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Software.
4. Term of Agreement. The term of this Agreement begins upon purchase and/or the grant of access to this Software. Gliffen reserves the right to terminate this Agreement at any time for a violation of any provision of this Agreement; provided, however, that nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Gliffen to terminate this Agreement at any time and for any reason. If the Agreement is terminated for any reason, you agree immediately to relinquish all access to and use of the Software.
5. Fees. In exchange for the nontransferable right to access and utilize the Software solely for its commercial use, User agrees to pay Gliffen the monthly amount indicated at the time of purchase every month. If User fails to pay Gliffen the full amount of of their subscription within 3 days of the renewal date, Gliffen reserves the right to immediately terminate the Agreement. If Gliffen elects to terminate the Agreement for a failure to pay the agreed upon fees, User must immediately relinquish all access to and use of the Software.
5. LIMITED WARRANTY
(A) FOR A PERIOD OF 30 DAYS FROM THE DATE OF PURCHASE, THE MEDIA (“MEDIA”) THAT CONTAINS THIS SOFTWARE IS WARRANTED TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP. IF THE MEDIA IS DEFECTIVE OR FAULTY IN WORKMANSHIP, YOU MUST IMMEDIATELY NOTIFY GLIFFEN AT THE ADDRESS BELOW AND PROVIDE GLIFFEN WITH A WRITTEN DESCRIPTION OF THE DEFECT. GLIFFEN WILL FIX THE MEDIA WITHOUT CHARGE. THIS LIMITED WARRANTY REPRESENTS YOUR SOLE AND EXCLUSIVE REMEDY AND GLIFFEN’S SOLE LIABILITY:
Address for Returned Merchandise:
Gliffen Designs, LLC.
P.O. Box 12932
Jackson, Wyoming 83002
(B) EXCEPT FOR EXPRESS PROVISIONS IN PARAGRAPH (A), THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GLIFFEN, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. GLIFFEN DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE, AND THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU.
(C) NEITHER GLIFFEN NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT OR RELATED TO THIS AGREEMENT, EVEN IF GLIFFEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GLIFFEN SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE AND/OR THE RELATED DOCUMENTATION, EVEN IF GLIFFEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GLIFFEN’S LIABILITY HEREUNDER, IF ANY, EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE.
6. General. This Agreement and any dispute under it will be governed by the laws of the State of Wyoming and the United States of America, without regard to their conflict of laws principles. Both parties consent to the exclusive jurisdiction and venue of the federal and state courts in the county of Teton and the state of Wyoming. This Agreement constitutes the entire agreement between you and Gliffen with respect to its subject matter, and supersedes other communication, advertisement, or understanding with respect to the Software. This Agreement may not be amended or modified except in a writing executed by both parties If any provision of this Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Gliffen’s ownership of the Software survive termination.
ACKNOWLEDGMENT
BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.