SafeCleaner 1.0
EULA - End User License Agreement
SOFTWARE LICENSE AGREEMENT
This Software License Agreement ("Agreement") is made and effective by and between the software author,
("Developer") and the recipient of this license ("Licensee").
Developer has developed and licenses to users its software program marketed under the name SafeCleaner (the
"Software").
Licensee desires to utilize a copy of the Software.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, Developer and Licensee agree as
follows:
1. License.
Developer hereby grants to Licensee a non-exclusive, limited license to use the Software as set forth in this
Agreement.
2. Restrictions.
Licensee shall not modify, copy, duplicate, reproduce, reverse-engineer, license or sublicense the Software, or
transfer or convey the Software or any right in the Software to anyone else without the prior written consent of
Developer; provided that Licensee may make one copy of the Software for backup or archival purposes.
3. Warranty of Title.
Developer hereby represents and warrants to Licensee that Developer is the owner of the Software or otherwise has
the right to grant to Licensee the rights set forth in this Agreement. In the event any breach or threatened
breach of the foregoing representation and warranty, Licensee''s sole remedy shall be to require Developer or to
either: i) procure, at Developer''s expense, the right to use the Software, ii) replace the Software or any part
thereof that is in breach and replace it with Software of comparable functionality that does not cause any
breach, or iii) refund to Licensee the full amount of the license fee upon the return of the Software and all
copies thereof to Developer.
4. Warranty of Functionality.
A. For a period of 15 days following delivery of the Software to Licensee (the "Warranty Period"), Developer
warrants that the Software shall perform in all material respects according to the Developer''s specifications
concerning the Software when used with the appropriate computer equipment. In the event of any breach or alleged
breach of this warranty, Liscensee shall promptly notify Developer and return the Software to Developer at
Liscensee''s expense. Liscensee''s sole remedy shall be that Developer shall correct the Software so that it
operates according to the warranty. This warranty shall not apply to the Software if modified by anyone or if
used improperly or on an operating environment not approved by Liscensor.
5. Warranty Disclaimer.
DEVELOPER''S WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
6. Limitation of Liability.
Developer shall not be responsible for, and shall not pay, any amount of incidental, consequential or other
indirect damages, whether based on lost revenue or otherwise, regardless of whether Developer was advised of the
possibility of such losses in advance. In no event shall Developer''s liability hereunder exceed the amount of
license fees paid by Licensee, regardless of whether Licensee''s claim is based on contract, tort, strict
liability, product liability or otherwise.
7. Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof.
This Agreement may be modified only by a further writing that is duly executed by both parties.
8. Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then
this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or
unenforceable term had never been included.
9. Headings.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or
intent.