This End-User License Agreement ('Agreement') is a legal agreement between you (the End User') and SwiftSales ('Licensor' or 'we') for the use of the SwiftSales software application (the 'Software') provided as a Software as a Service (SaaS) solution. By accessing or using the SwiftSales Software, you agree to be bound by the terms and conditions of this Agreement.
Subject to the terms and conditions of this Agreement, Licensor grants you a limited, non-exclusive, non-transferable license to access and use the SwiftSales Software for your internal business purposes during the term of this Agreement.
You shall not:
a. Access or use the SwiftSales Software for any unauthorized or illegal purposes.
b. Modify, adapt, translate, or create derivative works based on the SwiftSales Software.
c. Reverse engineer, decompile, disassemble, or attempt to extract the source code of the SwiftSales Software, except as permitted by applicable law.
d. Remove, alter, or obscure any proprietary notices or labels on the SwiftSales Software.
e. Share your login credentials with unauthorized individuals or entities.
f. Use the SwiftSales Software in a manner that violates any applicable laws or regulations.
You acknowledge that Licensor retains all ownership and intellectual property rights in the SwiftSales Software. This Agreement does not grant you any rights, title, or interest in or to the SwiftSales Software, except for the limited license rights expressly provided herein.
If you provide any suggestions, ideas, or feedback regarding the SwiftSales Software ('Feedback'), Licensor may use, modify, and incorporate such Feedback without any obligation or restriction.
Licensor implements reasonable measures to protect your data and maintain its confidentiality and integrity. However, Licensor does not guarantee that the SwiftSales Software is immune from unauthorized access or security breaches.
Licensor will provide support and maintenance services for the SwiftSales Software as described in the separate support agreement or service level agreement, if applicable.
THE SWIFTSALES SOFTWARE IS PROVIDED 'AS IS' WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LICENSOR DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SWIFTSALES SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED.
IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SWIFTSALES SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Licensor may terminate this Agreement immediately upon written notice if you breach any of the terms and conditions contained herein. Upon termination, you must cease all use of the SwiftSales Software.
You may terminate this Agreement by discontinuing the use of the SwiftSales Software.
This Agreement shall be governed by and construed in accordance with the laws of the state of Texas, United States, without regard to its conflict of laws principles. Any dispute arising out of or in connection with this Agreement shall be resolved through good faith negotiations between the parties. If the dispute cannot be resolved amicably, either party may seek remedies through arbitration or litigation as permitted by applicable law.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, or representations, whether written or oral.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.