Version Date: February 6, 2019
End User License Agreement
This End-User License Agreement (this "EULA") is a legal agreement between
you ("Licensee") and SwineMine, LLC ("Licensor"), the author of SwineMine,
including all HTML files, XML files, Java files, graphics files, animation
files, data files, technology, development tools, scripts and programs,
both in object code and source code (the "Software"), the deliverables
provided pursuant to this EULA, which may include associated media, printed
materials, and "online" or electronic documentation.
By installing, copying, or otherwise using the Software, Licensee agrees to
be bound by the terms and conditions set forth in this EULA. If Licensee
does not agree to the terms and conditions set forth in this EULA, then
Licensee may not download, install, or use the Software.
1. Grant of License
A) Scope of License.
Subject to the terms of this EULA, Licensor hereby grants to Licensee a
royalty-free, non-exclusive license to possess and to use a copy of the
Software.
B) Installation and Use.
Licensee may install and use an unlimited number of copies of the Software
and make multiple back-up copies of the Software, solely for Licensee's
business and personal use.
C) Reproduction and Distribution.
Licensee may reproduce and distribute an unlimited number of copies of the
Software, provided each copy shall be a true and complete copy, including
all intellectual property notices, and shall be accompanied by a copy of
this EULA. Licensee is not allowed to charge for distributing the Software,
either for profit or to recover media and distribution costs. Copies of the
Software may be distributed as a standalone product or included with your
own product, as long as the Software is not sold or included in a product
or package that intends to receive benefits through the inclusion of the
Software, unless such action is specifically granted to Licensee upon request.
2. Description of Rights and Limitations
A) Limitations.
Licensee and third parties may not reverse engineer, decompile, or
disassemble the Software, except and only to the extent that such activity
is expressly permitted by applicable law notwithstanding the limitation.
B) Update and Maintenance.
Licensor shall provide automatic updates and maintenance on the Software on an as
needed basis at the leisure of the Licensor.
C) Separation of Components.
The Software is licensed as a single product. Its components may not be
separated for use on more than one computer.
3. Title to Software
Licensor represents and warrants that it has the legal right to enter into
and perform its obligations under this EULA, and that use by the Licensee
of the Software, in accordance with the terms of this EULA, will not
infringe upon the intellectual property rights of any third parties.
4. Intellectual Property
All now known or hereafter known tangible and intangible rights, title,
interest, copyrights and moral rights in and to the Software, including but
not limited to all images, photographs, animations, video, audio, music,
text, data, computer code, algorithms, and information, are owned by
Licensor. The Software is protected by all applicable copyright laws and
international treaties.
5. No Support
Licensor has no obligation to provide support services for the Software.
6. Duration
This EULA is perpetual or until:
A) Automatically terminated or suspended if Licensee fails to comply with
any of the terms and conditions set forth in this EULA; or
B) Terminated or suspended by Licensor, with or without cause.
In the event this EULA is terminated, you must cease use of the Software
and destroy all copies of the Software.
7. Jurisdiction
This EULA shall be deemed to have been made in, and shall be construed
pursuant to the laws of the United States of America within the state in which Licensor resides, without regard to conflicts
of laws provisions thereof. Any legal action or proceeding relating to this
EULA shall be brought exclusively in courts located in the county and state in which Licensor resides
and each party consents to the jurisdiction thereof. The prevailing party
in any action to enforce this EULA shall be entitled to recover costs and
expenses including, without limitation, attorneys' fees. This EULA is made
within the exclusive jurisdiction of the United States, and its
jurisdiction shall supersede any other jurisdiction of either party's
election.
8. Non-Transferable
This EULA is not assignable or transferable by Licensee, and any attempt to
do so would be void.
9. Severability
No failure to exercise, and no delay in exercising, on the part of either
party, any privilege, any power or any rights hereunder will operate as a
waiver thereof, nor will any single or partial exercise of any right or
power hereunder preclude further exercise of any other right hereunder. If
any provision of this EULA shall be adjudged by any court of competent
jurisdiction to be unenforceable or invalid, that provision shall be
limited or eliminated to the minimum extent necessary so that this EULA
shall otherwise remain in full force and effect and enforceable.
10. Warranty Disclaimer
LICENSOR, AND AUTHOR OF THE SOFTWARE, HEREBY EXPRESSLY DISCLAIM ANY
WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSEE ACCEPTS ANY
AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE.
11. Limitation of Liability
LICENSOR SHALL NOT BE LIABLE TO LICENSEE, OR ANY OTHER PERSON OR ENTITY
CLAIMING THROUGH LICENSEE ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY
OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT
DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. THESE
LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY. UNDER NO CIRCUMSTANCES SHALL LICENSOR’S AGGREGATE LIABILITY TO
LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED
THE FINANCIAL AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE
SOFTWARE.
12. Review, Agree And Abide By Additional Documents
Licensee, by accepting and agreeing with this End User License Agreement, also fully
accepts and agrees to abide by Licensor's
Terms of Use,
Privacy Policy, and
Cookie Policy.
13. Entire Agreement
This EULA constitutes the entire agreement between Licensor and Licensee
and supersedes all prior understandings of Licensor and Licensee, including
any prior representation, statement, condition, or warranty with respect to
the subject matter of this EULA.
14. Additional Disclosure
This EULA may be modified or updated at anytime without notice. It is the
responsibility of the Licensee to review this EULA within the "About" screen
of the Software on a regular basis to ensure compliance with the above agreement.