PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU ACCEPT THIS SOFTWARE LICENSE AGREEMENT AND AGREE TO ABIDE BY IT. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE AND YOUR SALES RECEIPT TO THE PLACE OF PURCHASE AND YOUR MONEY WILL BE REFUNDED.
SOFTWARE LICENSE AGREEMENT
This Software is provided on the express condition that you consent to the terms of this Agreement. Title to the Software and all other rights and uses not specifically granted in this license are reserved by SouthPeak Interactive.
SouthPeak Interactive hereby grants to you, and you accept, a non-exclusive license to use the Software as authorized in this Agreement. You may use the Software only on one computer. You may make one copy of the Software in machine-readable form for backup purposes only. You many not network the Software or otherwise install it on more than one computer or terminal at the same time. You may not electronically transmit the Software from one computer to another. You may not copy the Software documentation. You may not sublicense, rent or lease the Software, but you may permanently transfer your license by delivering the original media containing the Software and the related documentation, including this Agreement, to another person, provided the other person reads and agrees to accept the terms and conditions of this Agreement. In such case, you agree to destroy all copies of the Software and accompanying materials in your possession. Such a transfer terminates your license to use the Software.
You are not authorized to access the Software source code, which is a SouthPeak Interactive trade secret and contains copyrighted and other proprietary material. You may not decompile, disassemble, reverse engineer, transfer, or otherwise use the Software, except as stated in this Agreement.
SouthPeak Interactive does not guarantee that the Software will meet your requirements, or that the operation of the Software will be uninterrupted or error-free.
Limited Warranty/Limitation of Remedies SouthPeak Interactive warrants, to the original licensee, the media on which the Software is furnished to be free from defects in material and workmanship under normal use for a period of ninety (90) days from the date of purchase as indicated by your receipt. Your exclusive remedy shall be replacement of the defective media by the supplier from whom you received the Software.
SOUTHPEAK INTERACTIVE AND ITS LICENSOR(S) DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. IN NO EVENT WILL SOUTHPEAK INTERACTIVE'S OR ITS LICENSOR(S)' LIABILITY FOR ANY ACTION IN CONTRACT, TORT, OR OTHERWISE, INCLUDING LOST PROFITS, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE, EXCEED THE FEE YOU PAID FOR THE SOFTWARE EVEN IF SOUTHPEAK INTERACTIVE, ITS LICENSOR(S), OR AN AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This limited warranty gives you specific legal rights. Some jurisdictions provide other rights, and some jurisdictions do not allow the exclusion or limiting of implied warranties, including duration, or limiting liability for incidental or consequential damages. As a result, the above limitations and/or exclusions may not apply to you.
General This Agreement constitutes the complete Agreement between you and SouthPeak Interactive about the Software and supersedes any prior or contemporaneous understandings, communications or representations, written or oral, regarding the Software. If any provision of this Agreement shall be unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the enforceability of the remaining provisions. Any additions or modifications must be approved in writing signed by both Parties. This Agreement is governed be the laws of the United States of America and the State of North Carolina.
