Sapphire Bay, Inc.'s TradeMatcher Software License
END USER LICENSE AGREEMENT FOR SAPPHIRE BAY, INC. SOFTWARE
IMPORTANT—READ CAREFULLY: Be sure to carefully read and understand all of the rights and restrictions described in this Sapphire Bay, Inc.'s End-User License Agreement ("EULA"). You must accept the terms of this EULA to use the Trade Matcher software. Your click of the purchase link or your use of the software is a symbol of your signature that you accept the terms of the EULA.
For your reference, you may print the text of the EULA from this page now. You may also receive a copy of this EULA by contacting the Sapphire Bay, Inc. at the address on its website.
This EULA is a legal agreement between you (either an individual or a single entity) and Sapphire Bay, Inc. (a.k.a. Sapphire Bay Software) for the Sapphire Bay, Inc. software accompanying this EULA, which includes the accompanying computer software, and may include associated media, printed materials and any "online" or electronic documentation ("SOFTWARE"). By installing and/or using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install or use the SOFTWARE.
Software PRODUCT LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
· Software. You may install and use the SOFTWARE on a single computer or multiple computers which serve the members of a single household. We consider the customer an individual and we realize the customer may have need to install the computer on home and work computers to utilize it efficiently. You may not use the software to prepare data for third-parties outside of your family unit.
2. RESTRICTIONS.
· You must maintain all copyright notices on all copies of the SOFTWARE.
· Limitations of Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
· Rental. You may not rent or lease or lend the SOFTWARE.
· Support Services. Sapphire Bay, Inc. may provide you with support services related to the SOFTWARE ("Support Services") Use of Support Services is governed by the Sapphire Bay, Inc. policies and programs described in the user manual, in "online" documentation,, and/or other Sapphire Bay, Inc.-provided materials. Any supplemental software code provided to you as a part of Support Services shall be considered part of the SOFWARE and subject to the terms of this EULA. With respect to technical information you provide to Sapphire Bay, Inc. as part of the Support Services, Sapphire Bay, Inc. may use such information for its business purposes, including for product support and development. Sapphire Bay, Inc. will not utilize such technical information in a form that personally identifies you.
3. TERMINATION. Without prejudice to any other rights, Sapphire Bay, Inc. 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 the SOFTWARE and all of its component parts.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Sapphire Bay, Inc. or its suppliers.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software—Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Sapphire Bay, Inc., 4 Cutty Sark Rd. , Savannah , GA 31410.
6. DISCLAIMER OF WARRANTIES. SAPPHIRE BAY, INC. AND ITS OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES AND SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
7. EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAPPHIRE BAY, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SAPPHIRE BAY, INC. OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. LIMITATION AND RELEASE OF LIABILITY. The SOFTWARE was provided to you at a charge of $35.00 U.S. and Sapphire Bay, Inc. has included in this EULA terms that disclaim all warranties and liability for the SOFTWARE. To the full extent allowed by law, YOU HEREBY RELEASE SAPPHIRE BAY, INC. AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept the SOFTWARE under the terms of this EULA, do not install the SOFTWARE. In any case, Sapphire Bay, Inc. shall not be liable for any amount greater than the purchase price of the software.
9. GOVERNING LAW. If you acquired the SOFTWARE in the United States of America , the laws of the State of Georgia , U.S.A will apply to this contract. If you acquired this SOFTWARE outside of the United States of America , then local law may apply. In the event of legal dispute, you agree to arbitrate the dispute in the County of Chatham , State of Georgia , U.S.A. with an arbitrator chosen from the firm of Hunter, Maclean, Exley and Dunn.
10. QUESTIONS. Should you have any questions, or if you desire to contact Sapphire Bay, Inc. for any reason, please contact the Sapphire Bay, Inc.: Sapphire Bay, Inc., 4 Cutty Sark Rd. , Savannah , GA 31410 .