Standard EULA
SINI SOFTWARE LIMITED END USER LICENSE AGREEMENT
TERMS AND CONDITIONS
PLEASE READ PRIOR TO USING THIS SOFTWARE:
This License Agreement ("Agreement") is a legal agreement between you (either an individual or an entity) and SiNi Software Limited ("SiNi" or ”SiNi Software”) for the use of the SiNi Software Plugins and Products as set forth in Section 1 below (such software, together with the underlying documentation if made available to you, the "Software"). By clicking on the button containing the "I agree" language, by installing the Software or by otherwise using the Software, you agree to be bound by the terms of this License Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE BUTTON CONTAINING THE "Cancel" LANGUAGE AND DO NOT INSTALL OR OTHERWISE USE THE SOFTWARE.
YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS PROVISIONS.
SINI SOFTWARE IS NOT RESPONSIBLE FOR ANY THIRD PARTY SOFTWARE, PROPRIETARY OR OTHERWISE, UTILISED IN CONNECTION WITH THE SOFTWARE, AND SINI SOFTWARE SHALL HAVE NO LIABILITY FOR YOUR USE OF SUCH THIRD PARTY SOFTWARE.
1. DEFINITIONS: The Software consists of one or more downloadable software applications.
2. GRANT OF LICENSE: SiNi Software hereby grants to you a non-exclusive, non-transferable, non-sublicensable license to use the Software in accordance with the terms of this Agreement.
3. LICENSE RESTRICTIONS:
3.1 You may not: (i) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software; (ii) resell, rent, lease or make any similar commercial use of the Software; (iii) remove any proprietary notices or labels on the Software. Any such forbidden use shall immediately terminate your license to the Software.
3.2 You agree that you shall only use the Software in a manner that complies with all applicable laws and regulations in the jurisdictions (UK. and non-UK) in which you use the Software, including, but not limited to, applicable laws and regulations concerning copyright and other intellectual property rights.
3.3 You may not use the Software in an attempt to or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
4. TITLE: Title, ownership, rights, and intellectual property rights in and to the Software shall remain in SiNi Software Limited. The Software is protected by the copyright laws of the United Kingdom and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software shall be retained by the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content.
5. NO WARRANTIES: YOU UNDERSTAND AND AGREE THAT THE SOFTWARE IS PROVIDED "AS IS" AND SINI SOFTWARE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SINI SOFTWARE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET ANY USER'S REQUIREMENTS. USE OF THE SOFTWARE IS AT YOUR SOLE RISK. SINI SOFTWARE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE QUALITY OF ANY MATERIAL AND/OR DATA DOWNLOADED THROUGH, OR MATERIAL AND/OR DATA EDITED (AS APPLICABLE) WITH, THE USE OF THE SOFTWARE. USE OF ANY MATERIAL OBTAINED AND/OR DATA DOWNLOADED THROUGH, OR MATERIAL AND/OR DATA EDITED (AS APPLICABLE) WITH, THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SOFTWARE.
6. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SINI SOFTWARE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF SINI SOFTWARE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SINI SOFTWARE'S MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE (IF ANY). Because some jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
7. MODIFICATIONS TO THE SERVICE AND PRICES: Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
8. PRODUCTS OR SERVICES: We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
9. ACCURACY OF BILLING AND ACCOUNT INFORMATION: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per company or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by non SiNi authorised dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
For more detail, please review Section 10 - Cancellation and Returns Policy.
10. CANCELLATION AND RETURNS POLICY: Cancellation. If you wish to cancel your order:
(a) you can notify us by email to [email protected] before we have dispatched the goods to you (downloaded); or
(b) where goods have already been dispatched to you (downloaded), by returning goods to us in accordance with clause below.
You, the consumer must also acknowledge that once the download starts you will lose your right to cancel.
Refund Policy
Before Returning a Product:
If you are having an issue with a product, there may be other options before requesting a return:
– If you’ve purchased and downloaded software, and need assistance with installation and/or activation, please post a support ticket from your User Dashboard.
– If you require Technical Support, please post a support ticket from your User Dashboard.
– If you’d like to return your purchase made in the last thirty days please email [email protected] clearly stating your reasons.
Return and Exchange policy:
We will accept returns and exchanges for items that meet the return criteria set forth below for 30 days from the date of purchase or download, as applicable. We reserve the right to deny any return or exchange which fails to meet our return criteria.
Return Criteria:
All returns and exchanges must be accompanied processed through the appropriate channels within 30 days of purchase.
When returning software the software must have the licence terminated on the users machine and be removed from that machine, we may require you to sign an electronic letter of destruction as condition of your return to confirm that you have uninstalled and have not made any copies of the product. The licence code for these products will be blocked and you will not be able to install or use the software in the future.
Returns Process:
To start your returns process please contact SiNi Software by email at [email protected] to request a return no later than thirty (30) days after date of purchase. Once you follow the instructions and complete the return process with the customer support agent, we’ll send you a confirmation email with additional return details, if applicable.
When you make a qualifying return, we will credit the full amount you are entitled to and you will receive your refund in approximately 3-5 business days. Refunds will be made in the same method as payment unless you select to exchange the item. Once you complete your return we’ll send you a return confirmation email.
For more information about your other statutory rights, please visit the UK Government's website or contact Consumer Direct, the Government funded consumer advice service on 08454 04 05 06.
11. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS: If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
12. PERSONAL INFORMATION: Your submission of personal information through the store is governed by our Privacy Policy. Please click here to view our Privacy Policy.
13 - ERRORS, INACCURACIES AND OMISSIONS: Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
14. INDEMNIFICATION: You agree to indemnify, defend and hold harmless SiNi Software, its directors, employees, consultants, agents, suppliers and resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney's fees) arising from (i) your use of the Software, (ii) your violation of this Agreement, (iii) the infringement or violation by you or any other user of your account, of any intellectual property or other rights of any person or entity.
15. SEVERABILITY: In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
16. TERMINATION: This License Agreement will automatically terminate if and when you fail to comply with any term hereof. No notice shall be required from SiNi Software to effect the termination specified in the preceding sentence. You may also terminate this License Agreement at any time by notifying SiNi Software in writing of termination. Upon any termination of this License Agreement, your license shall immediately terminate and you shall discontinue use of the Software. Upon any termination of this Agreement, you must cease any further use of the Software and delete/destroy any copies of Software (including all elements thereof such as documentation) within your possession and control. All sections, except Section 2, shall survive termination of this Agreement.
17. ASSIGNMENT: This Agreement is personal to you and may not be assigned by you without SiNi Software's express written consent. This Agreement shall be binding upon any party who uses the Software and/or any party to whom you transfer the Software. You agree that you are responsible for informing all users and transferees of the Software of the binding application of this Agreement, and all provisions contained herein, to such user(s) and transferee(s). SiNi Software may assign this Agreement without your approval in the event there is a reorganization, consolidation, merger or acquisition of substantially all of the stock or assets of SiNi Software.
18. ENTIRE AGREEMENT: The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
19. GOVERNING LAW: These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom: England and Wales.
20. CHANGES TO TERMS AND CONDITIONS/ END USER LICENSE AGREEMENT: You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
21. CONTACT INFORMATION: Questions about the Terms and Conditions should be sent to us at [email protected]
