End User License Agreement (EULA)

SEEKERWORKS INC.

END USER LICENSE AGREEMENT

 

SeekerWorks™

Standard Edition Software

 

IMPORTANT

READ THESE TERMS AND CONDITIONS CAREFULLY

BEFORE ACCEPTING THIS LICENSE

 

NOTICE TO USER:

 

THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL CONTRACT BETWEEN YOU (“LICENSEE”) AND SEEKERWORKS INC. (“LICENSOR”).  SEEKERWORKS INC. IS WILLING TO LICENSE ONE COPY OF THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.  BY CLICKING THE “I ACCEPT THE TERMS IN THE LICENSE AGREEMENT” BUTTON BELOW, BY INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY AND ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT INCLUDING WITHOUT LIMITATION THE WARRANTY DISCLAIMERS, LIMITATION OF LIABILITY AND TERMINATION PROVISIONS INCLUDING THE THIRTY (30) DAY TRIAL PERIOD (“TRIAL PERIOD”) BELOW, WHETHER OR NOT YOU DECIDE TO PURCHASE THE SOFTWARE.  IF YOU DECIDE TO ACCEPT AND AGREE TO THE TERMS AND PROVISIONS OF THIS AGREEMENT, YOU WILL BE PERMITTED TO INSTALL AND ACCESS SEEKERWORKS INC.’S SEEKERWORKS™ STANDARD EDITION SOFTWARE.  IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SELECT “I DO NOT ACCEPT THE TERMS IN THE LICENSE AGREEMENT” BELOW, THEN SEEKERWORKS INC. IS NOT WILLING TO LICENSE THE SOFTWARE TO YOU AND YOU WILL NOT BE PERMITTED TO INSTALL AND ACCESS THE SOFTWARE.

 

This SeekerWorks Inc. End User License Agreement governs use of SeekerWorks Inc.’s SeekerWorks™ Standard Edition Software, product upgrades and related written materials (“Software”).  The term “Software” also includes without limitation any Software upgrades, modified versions and updates as well as online or printed documentation of the Software which may be provided to you by SeekerWorks Inc.  A copy of the Software will be licensed to you as the registered end user.  You must read this Agreement carefully before indicating acceptance at the end of this Agreement. 

 

If you do not agree with the terms and conditions of this Agreement, decline where instructed, and you will not be able to install and access the Software.  If you accept the terms and conditions of this Agreement, you will be allowed to install and access the Software.

 

Your use of the Software is subject to the following terms and conditions.

 

Upon your acceptance of this Agreement, SeekerWorks Inc. grants to you a single, non-exclusive, limited license to use the SeekerWorks Inc. SeekerWorks™ Standard Edition Software product together with any upgrades provided by SeekerWorks Inc., provided that you agree to the following:

 

1.         License Limitations  This Software License Agreement is limited to:

·         Installation and Use Install, use, access, display and run one copy of the Software on a single computer, such as a workstation, terminal or other device (“Workstation Computer”).  The Software may not be used by more than one processor at any one time on any single Workstation Computer unless a site license is purchased.

·         Storage/Network Use  You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other Workstation Computer over an internal network; however, you must acquire and dedicate an additional license for each separate Workstation Computer on or from which the Software is installed, used, accessed, displayed or run.  A license for the Software may not be shared or used concurrently on different Workstation Computers.

·         Additional Licenses  You shall immediately notify SeekerWorks Inc. in the event you wish to use the Software on another computer.  You acknowledge that prior to such use another license shall be required.

·         Geographical Limitations  Operation exclusively within the geographical boundaries of the United States of America or any country with which the United States of America maintains a favorable trade relationship.

·         Trial Period  For the sole purpose of allowing Licensee to evaluate the Software at its facilities, Licensor will grant one copy of the Software for an evaluation period of thirty (30) days from the initial date of use.  Licensor’s delivery of the Software for the Trial Period does not grant to Licensee any right to use the Software for any purpose other than the evaluation specified herein.

 

2.         License Fees  In consideration of the rights granted to you by SeekerWorks Inc. and in consideration of the continuing services of SeekerWorks Inc. hereinafter provided for, you agree to pay SeekerWorks Inc. a non-refundable initial service fee in the amount of ninety-nine US dollars ($99.00) per license or six-hundred-ninety-nine US dollars ($699.00) per site license.  At the end of the term of this license agreement, you agree to pay SeekerWorks Inc. a non-refundable annual service fee in the amount of fifty US dollars ($50.00) per license or four-hundred-ninety-nine US dollars ($499.00) per site license.  SeekerWorks Inc. undertakes with you that the annual service fee will not increase for a period of one (1) year from the date of delivery of the Software and thereafter may be increased by SeekerWorks Inc. no more often than annually.

 

3.         Software Updates and Improvements  In return for the annual service fee SeekerWorks Inc. shall, subject to your payment in full of the annual service fee and fulfilling the obligations herein set out, provide you with access to periodic updates through the Internet or, if not available, through a CD-ROM mailed through US Postal Service at the sole discretion of SeekerWorks Inc.

 

Internet Updates If updates are available through the Internet, you are solely responsible to download the file or files from the Internet.

 

Compatibility  SeekerWorks Inc. makes no warranty regarding the compatibility of the compressed file with any particular Internet browser software which you my use to download the file or files.

 

Technical Problems  You assume full responsibility for any technical problems that may prevent you from downloading the file or files from the Internet.

 

CD-ROMs  If updates are available through the Internet, you may elect to contact SeekerWorks Inc. to obtain the Software update on a CD-ROM.  SeekerWorks Inc. will ship a CD-ROM once it has received an advance payment of ten ($10.00) US dollars for shipping and handling, plus the cost of the expedited postage or courier fees for that shipment.

 

4.         Term and Termination including Trial Period  This license is effective upon your acceptance of this Agreement, installation or otherwise using the Software and terminating one (1) year from the commencement of acceptance, installation or otherwise using the Software date.

 

You may terminate the license at any time, including during the Trial Period, by notifying SeekerWorks Inc. in writing and destroying the Software together with all copies, modifications and merged portions in any form.  There shall be no refund of any portion of the annual service fee.

 

This license Agreement will terminate automatically upon your failure by yourself, your organization’s officers, agents, or employees, to comply with the Terms of this Agreement, at the conclusion of the Trial Period, or at its option, SeekerWorks Inc. may give you written notice of termination if you commit a breach of this End User License Agreement and fail to cure such breach within ten (10) days after notice from SeekerWorks Inc.

 

In the event of termination by reason of your failure to comply with any part of this Agreement, or upon any act which shall give rise to SeekerWorks Inc. right to terminate, SeekerWorks Inc. shall have the right, at any time, to terminate the license and take immediate possession of the Software and all copies wherever located, without demand or notice and without refund of any portion of the annual service fee.  Within ten (10) days after termination of the license, you will destroy the Software and all copies, and upon request, certify in writing that they have been destroyed. 

 

Trial Period Term  Unless Licensee has entered into a license with the Licensor, the Trial Period Software license shall terminate thirty (30) days from the date of the initial Software use.  Licensee hereby acknowledges that the Software incorporates automatic shutdown features that make it inoperable after the termination of the Trial Period.

 

5.         Restrictions on Use  The Software and other items supplied by SeekerWorks Inc. hereunder are for the sole use of Licensee.

 

Copies  You agree that while this License is in effect, or while you have custody or possession of any property of SeekerWorks Inc., you will not (1) copy or duplicate, or permit anyone else to copy or duplicate, any physical or magnetic version of the computer programs, documentation or information furnished by SeekerWorks Inc. in machine-readable form, (2) create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object program or from other information made available under this License or otherwise (whether oral, written, tangible or intangible).

 

Use Restrictions  The Software licensed hereunder shall be used only on a single central processing unit (CPU) or server and its associated peripheral units at the same site.  Use of the Software shall consist of downloading any portion of the Software from SeekerWorks Inc. internet location into the CPU or server, or the processing of data with the Software or both.  Use of the Software in any computer environment not specified in this Agreement is not authorized under this License.   The Software is “in use” on a computer when it is loaded into temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.  All Software, documentation, and materials in machine-readable form supplied under this license shall be kept in a secure place and not less strict than those applied to your most valuable and sensitive software, data and documents.  The Software licensed hereunder may be temporarily transferred to another CPU or server while the initial CPU or server is undergoing repairs.

 

No Tampering  Licensee shall safeguard any and all copies of the Software, against unauthorized disclosure, shall not tamper with, bypass, or alter its security features or attempt to do so, and shall take all reasonable steps to ensure that the provisions of this Agreement are not violated by any person under Licensee’s control or in Licensee’s service.  Licensee also agrees that it shall neither cause nor permit any person under its control or in its service in any way to disassemble or attempt to disassemble the Software object code.

 

No Rental/Commercial Hosting  You may not rent, lease, lend or provide commercial hosting services with the Software.  You shall not allow access to the Software through any terminals or computers located outside your physical location containing the Workstation Computer.

 

Modifications  You are not licensed to modify, adapt or translate the Software, documentation, or other materials in full or any subset thereof.

 

Consent to Use of Data  You agree that SeekerWorks Inc. and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software.  SeekerWorks Inc. may use this information solely to improve our products or to provide customized services or technologies to you and will disclose this information in a form that personally identifies you.

 

Additional Software/Services  This Agreement applies to updates, supplements, add-on components, or Internet-based services or components, of the Software that SeekerWorks Inc. may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component.  SeekerWorks Inc. reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.

 

Upgrades  To use Software identified as an upgrade, you must first be licensed for the software identified by SeekerWorks Inc. as eligible for the upgrade.  After upgrading, you may no longer use the Software that formed the basis for your upgrade eligibility.

 

Backup Files and Archival Copies  All Software must be stored and backed-up exclusively within the geographical boundaries of the United States or any country with which the United States of America maintains a favorable trade relationship.  Copies of the licensed Programs made under your normal backup procedures shall not be deemed to be copies under Copies, herein.  One backup and archival copy is allowed under this Agreement provided the copies are not installed on any computer.   All allowed copies must prominently display the original and unmodified trademark, copyright, patent and any other intellectual property markings that appear on or in the original Software media.   

 

You may not copy the written materials, if any, accompanying the Software.

 

Key Code  SeekerWorks Inc. may choose to enable a key code in future versions of the Software for activation purposes after initial evaluation periods.  You may not re-license, assign, reproduce or distribute key codes without the express written authorization of SeekerWorks Inc.

 

Reverse Engineering  As Licensee, you may not reverse engineer or otherwise attempt to discover source code or any trade secrets by either direct or indirect means except to the extent you may be expressly permitted by law for the purposes of interoperability.  You must first request information of SeekerWorks Inc. prior to any reverse engineering activities.  SeekerWorks Inc. has the right to impose reasonable conditions and may request a reasonable fee prior to providing such information.  Your use of information is limited to the purpose described herein and may not be disclosed to any third party or used to develop substantially similar software.  Requests for information should be directed to help@SeekerWorks.com.

 

Other Restrictions    You may not, directly or indirectly, encumber or suffer to exist any lien or security interest on the Software or use the Software in any computer environment not specified in this Software License Agreement.  You will comply with applicable law and SeekerWorks Inc.’s instructions regarding the use of the Software.

 

Unauthorized Acts  You agree to notify SeekerWorks Inc. immediately of the unauthorized possession, use, or knowledge of any item supplied under this License Agreement and of other information made available to you under this Agreement, by any person or organization not authorized by this Agreement to have such possession, use or knowledge.  You will promptly furnish full details of such possession, use or knowledge to SeekerWorks Inc., and will assist in preventing the recurrence of such possession, use or knowledge, and will cooperate with SeekerWorks Inc. in any litigation against third parties deemed necessary by SeekerWorks Inc. to protect its proprietary rights.  Your compliance with this subparagraph shall not be construed in any way as a waiver of your rights to recover damages or obtain other relief against you for negligent or intentional harm to SeekerWorks Inc. proprietary rights, or for breach of contractual rights.

 

Transfer of License Rights  Your rights to use the Software, documentation, manuals and other materials supplied by SeekerWorks Inc. hereunder in full or any subset thereof including backup files and archival copies shall not be assigned, licensed, loaned, leased, sublicensed, distributed or otherwise transferred to a successor, affiliate or any other person, firm, corporation or organization, voluntarily, by operation of law, or an any other manner without the prior written consent of SeekerWorks Inc.  Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or responsibilities hereunder is void.

 

6.         Copyright and Intellectual Property Rights  This Software is licensed, not sold.  You acknowledge that SeekerWorks Inc. owns the Software including archive and backup copies and all copyright and other intellectual rights in the Software; under the terms of this Agreement you receive only a limited right to use the Software.  You acknowledge that all proprietary rights, including patents, copyrights, trade secrets, trademarks and all other intellectual property pertaining to the Software, remain the sole exclusive property of SeekerWorks Inc.  The Software is protected by United States Copyright Law and International Treaty provisions.  You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software.

 

You agree with SeekerWorks Inc. that SeekerWorks Inc.’s proprietary rights and intellectual property are very valuable and are protected by criminal and civil law as well as the law of copyright.  You agree that the use and disclosure of SeekerWorks Inc.’s proprietary rights and intellectual property must be carefully and continuously monitored.  You agree that the structure, organization and code of the Software are valuable trade secrets and confidential information of SeekerWorks Inc. and its suppliers.  You shall take no action which adversely affects SeekerWorks Inc.’s proprietary and intellectual property rights in the Software including participation in any action, whether directly or indirectly, that might result in causing the Software, documentation or other materials to be placed in the public domain.

 

Except as expressly permitted under “Use of Software” above, YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE SOFTWARE, OR ANY COPY, MODIFICATION, OR MERGED PORTION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

 

You must reproduce and include the copyright notice and other intellectual property rights notices on any copy permitted by this Agreement and on any modifications or portion merged into another software program.

 

Trademarks shall be used in accordance with accepted trademark practice, including the identification of the trademark owners’ names.  Trademarks may only be used to identify printed output produced by the Software, and such use of any trademark does not give you any right of ownership in that trademark. 

 

7.         User Representations and Warranties  You represent and warrant to Licensor that (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all terms and conditions of this Agreement; and (c) you have provided accurate and complete registration information, including, without limitation, your legal name, address and telephone number.

 

8.         Remedies  If Licensee attempts to use, copy, license, or convey the items supplied by the Licensor, in a manner contrary to the terms of this Agreement or in competition with Licensor or in derogation of Licensor’s proprietary rights, whether these rights are explicitly stated in this Agreement, determined by law, or otherwise, Licensor shall have, in addition to any other remedies available to it, the right to injunctive relief enjoining such action.  The Licensee hereby acknowledging that other remedies are inadequate.

 

9.         Limited Warranty and Limitation of Liability

 

No Warranty  You assume the responsibility for the selection of the Software to achieve your intended results, and for the installation, use and results obtained from the Software.  The Software is being delivered to you “AS IS” and SeekerWorks Inc. makes no warranty as to its performance. 

 

No Performance Warranty  SEEKERWORKS INC. AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION.  SEEKERWORKS INC. AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. 

 

SEEKERWORKS INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.  SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND NOT SEEKERWORKS INC. OR ITS AUTHORIZED DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.  IN NO EVENT WILL SEEKERWORKS INC. OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A SEEKERWORKS INC. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

 

SOME STATES AND COUNTRIES DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY STATE OR COUNTRY.

 

No Other Warranty  SEEKERWORKS INC., ITS AUTHORIZED DEALERS AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGMENT WITH REGARD TO THE SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.  THIS LIMITED WARRANTY GIVES YOU SPECIFIC RIGHTS.  YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE JURISDICTIONS.

 

Limitation of Liability   SeekerWorks Inc. and its authorized dealer(s) entire liability and your exclusive remedy shall be at SeekerWorks Inc. option to include the repair or replacement of any Software; the return of the price paid, if any; or to discontinue your use of the Software and terminate this Agreement.

 

Disclaimer of Consequential Damages  IN NO EVENT WILL SEEKERWORKS INC. BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES EVEN IF SEEKERWORKS INC. AND ITS AUTHORIZED DEALER(S) HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY.  IN ANY CASE, SEEKERWORKS INC.’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS END USER LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.

 

Rights Under State Law SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN SUCH STATES, SEEKERWORKS INC.’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW.

 

No Other Warranties and Disclaimer  THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR SEEKERWORKS INC., ITS AUTHORIZED DEALERS OR SUPPLIERS BREACH OF WARRANTY. 

 

10.      Taxes  You agree to pay (and agree to reimburse SeekerWorks Inc. on request if SeekerWorks Inc. is required to pay) any sales, use, value added (VAT), consumption or other tax (excluding any tax on Licensor’s net income) or other fee or charge of any kind or nature that is levied or imposed by any governmental authority on your purchase of the Software, the License or your use of the Software.

 

11.      Governing Law and General Provisions  This Agreement will be governed by the laws of the State of Minnesota, U. S. A. without reference to conflicts of law.  This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.  If any part of this Agreement is found void and unenforceable, the balance of the Agreement shall remain valid and enforceable according to its terms.  No failure, delay in exercising or enforcing any right or remedy hereunder by SeekerWorks Inc. shall constitute a waiver of any other right or remedy, or future exercise thereof.  If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty herein shall remain in full force and effect.  You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act, or any other export laws, restrictions, or regulations.  This Agreement may only be modified in writing, signed by an authorized officer of SeekerWorks Inc., Inc.  The respective rights and obligations of the parties under Sections 1, 2, 4, 5, 6, 7, 8, 9, 10 and 11 shall survive any termination or expiration of this Agreement.

 

12.      Arbitration  All disputes arising out of or relating to this Agreement shall be finally settled by arbitration conducted in Big Lake, Minnesota, U.S.A., under the rules of commercial arbitration of the American Arbitration Association (“Rules”) or such other procedural standards if the parties so agree.  A single arbitrator shall be agreed upon by the parties or, if the parties cannot agree upon an arbitrator within thirty (30) days, then the parties agree that a single arbitrator shall be appointed by the American Arbitration Association.  The prevailing party shall be awarded attorney’s fees.  All decisions of the arbitrator(s) shall be final and binding on both parties and enforceable in any court of competent jurisdiction.  Notwithstanding the foregoing, in the event of breach by a party of its obligations hereunder, the non-breaching party may seek injunctive or other equitable relief in any court of competent jurisdiction.

 

13.      Miscellaneous Provisions

 

Severability  If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision  shall be severed from this Agreement and the other provisions shall remain in full force and effect.

 

Conflict with Purchase Orders  In the event of any conflict between the terms and conditions of this Agreement and the terms and conditions of any purchase order, the terms and conditions of this Agreement shall control.

 

Waiver of Contractual Right  The waiver or failure of SeekerWorks Inc. to exercise in any respect any rights provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement.

 

Successors and Assigns  This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns.

 

Headings  The headings appearing at the beginning of the sections contained in this Agreement have been inserted for identification and reference purposes only and shall not be used in the construction and interpretation of this Agreement.

 

Entire Agreement  This Agreement constitutes the complete and entire Agreement between SeekerWorks Inc. and you.  This Agreement supersedes all proposals or prior agreements, oral or written and all other communications between the parties relating to the subject matter of this Agreement.  This Agreement may not be modified except in writing signed by both SeekerWorks Inc. and you.

 

14.      Notice  Any notice required or contemplated hereby shall be sufficiently given if delivered personally or by prepaid registered mail.  If by registered mail, delivery shall be deemed to be effected on the fifth (5^th) business day following mailing and the post office receipt shall be conclusive as to such date.  In the event of an actual or threatened postal disruption, notice shall not be effected by mail.  All notices to you are to be addressed to the address provided at the time of purchase and/or changed subsequently by you.  All notices from you are to be addressed to:

 

SeekerWorks Inc.

1340 Hill Street

Big Lake, MN  55309-9410

USA

 

15.      Purchaser Questions  Should you have any questions concerning this Agreement, or if you desire to contact SeekerWorks Inc. for any reason, please write SeekerWorks Inc., Inc at 1340 Hill Street, Big Lake, MN 55309-9410 USA or email at help@SeekerWorks.com.

 

For future reference, this license may be found in the eula.html in the downloaded and decompressed directory of the Software or you may print out a copy of this End User License Agreement now by selecting the print option.

 

 

 

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.  YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERCEEDS ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

 

Please indicate your acceptance or declination of the foregoing agreement by clicking on the appropriate button below.