End-User License Agreement (EULA) of Smartware 360

•      This End-User License Agreement ("EULA") is a legal agreement between you and Seaga Manufacturing, Inc.

•      This EULA agreement governs your acquisition and use of our Smartware 360 software ("Software") directly from Seaga Manufacturing, Inc. or indirectly through a Seaga Manufacturing, Inc., authorized reseller or distributor (a "Reseller").

•      Please read this EULA agreement carefully before completing the installation process and using the Smartware 360 Software. It provides a license to use the Smartware 360 Software and contains warranty and liability disclaimers.  By clicking "accept" or installing and/or using the Smartware 360 Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.  If you register for a free trial of the Smartware 360 Software, this EULA agreement will also govern that trial.

•      If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions.  If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

•      This EULA agreement shall apply only to the Software supplied by Seaga Manufacturing, Inc., herewith regardless of whether other software is referred to or described herein.  The terms also apply to any Seaga Manufacturing Inc. updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

•     License Grant

•      Seaga Manufacturing, Inc., hereby grants you a personal, non-transferable, non-exclusive license to use the Smartware 360 Software on your devices in accordance with the terms of this EULA agreement.

•      You are permitted to load the Smartware 360 Software (for example a PC, laptop, mobile or tablet) under your control.  You are responsible for ensuring your device meets the minimum requirements of the Smartware 360 Software.  Smartware 360 may be used only in conjunction with vending machines manufactured by Seaga Manufacturing, Inc.

•      You are not permitted to:

• Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things

• Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose

• Allow any third party to use the Software on behalf of or for the benefit of any third party

• Use the Software in any way which breaches any applicable local, national or international law

• Use the Software for any purpose that Seaga Manufacturing Inc. considers is a breach of this EULA agreement

•     Intellectual Property and Ownership

Seaga Manufacturing, Inc., shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Seaga Manufacturing, Inc.  Seaga Manufacturing, Inc. reserves the right to grant licenses to use the Software to third parties.

•      No Warranty and No Damages

 
Seaga Manufacturing, Inc., makes no warranty of any kind.  ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED.  NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, SEAGA MANUFACTURING, INC., DISCLAIMS AND SHALL NOT BE LIABLE TO YOU OR ANYONE CLAIMING UNDER YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (OR EQUIVALENTS THEREOF NO MATTER HOW CLAIMED, COMPUTED OR CHARACTERIZED), ARISING OUT OF OR IN CONNECTION WITH

THE EULA, ITS SUBJECT OR ITS PERFORMANCE OR BREACH OF PERFORMANCE BY SEAGA MANUFACTURING, INC., REGARDLESS OF WHETHER ANY SUCH LIABILITY SHALL BE BASED UPON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE AND STRICT LIABILITY), VIOLATION OF LAW OR OTHERWISE AND WHETHER THE CLAIM IS BROUGHT AT LAW OR IN EQUITY.  IN NO EVENT SHALL SEAGA MANUFACTURING, INC., BE LIABLE TO YOU (OR ANYONE RELATING TO YOUR ORDER) IN AN AMOUNT WHICH EXCEEDS THE PRICE SPECIFIED IN YOUR ORDER.

•      Termination

•      This EULA agreement is effective from the date you first use the Software and shall continue until you cease using the Software.

•      It will also terminate immediately if you fail to comply with any term of this EULA agreement.  Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software.  The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

•      Miscellaneous

•      This EULA agreement and any dispute arising out of or in connection with this EULA agreement shall be governed by and construed in accordance with the laws of the State of Illinois Any action brought to enforce the terms hereof or relating hereto shall be brought only in the State Court of Illinois and venue in Stephenson County or Winnebago County, Illinois, or the United States District Court, Northern District of Illinois, Western Division, and the parties specifically consent to the jurisdiction and venue of such courts. The prevailing party in any action brought to enforce the terms hereof shall be awarded their costs of suit and attorney’s fees.
•     These terms constitute the entire agreement between Seaga Manufacturing, Inc., and you regarding the Software.