End User License Agreement
End User License Agreement ("EULA", “agreement”)
Please read this EULA carefully before using the http://www.swychbroadcasting.com website and the Swych application (the "Service", “Software”) operated by Swych Broadcasting LLC ("us", "we", or "our").
The User's access to and use of the Service is conditioned on The User's acceptance of and compliance with this agreement. This agreement applies to all visitors, users and others who access or use the Service.
By accessing or using the Service The User agrees to be bound by this agreement. If The User disagrees with any part of the agreement then The User may not access the Service.
Confidentiality and Intellectual Property Rights
Any license key to the Software is the confidential information of Swych Broadcasting LLC.
The Software and any copies thereof are the exclusive intellectual property of Swych Broadcasting LLC and protected by copyright laws and international treaties as well as other intellectual property laws and treaties. The structure, organization and code of the Software are confidential information and are valuable trade secrets of Swych Broadcasting LLC. The User agrees that any disclosure by The User of our confidential information will cause immediate, irreparable harm to us for which equitable remedies, as well as any other available legal remedies, may be awarded by a court of competent jurisdiction. Except as expressly stated herein, we do not grant The User any intellectual property rights in or to the Software. All rights not expressly granted herein are reserved by us.
The User hereby agrees to maintain the confidentiality of the Software, License Key and other intellectual property of Swych Broadcasting LLC using at least as great a degree of care as The User uses to maintain the confidentiality of The User's own most confidential information and in no case less than reasonably prudent care. The User agrees to refrain from deriving the source code of the Software or copying, defeating or otherwise circumventing License Key codes.
The Term of this license shall be until terminated.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Swych Broadcasting LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. The User further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Upgrades, Updates and Fixes
We may provide The User, from time to time, with upgrades, updates or fixes, as detailed herein and according to our sole discretion. The User hereby warrants to keep The Software up-to-date and install all relevant updates and fixes. We shall provide any update or fix free of charge for the duration of The User's license key; however, nothing in this agreement shall require us to provide updates or fixes.
For the purpose of this license, an upgrade shall be a material amendment in the Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should The User purchase the Software under version 1.X.X, an upgrade shall commence under number 2.0.0.
Updates and Fixes
For the purpose of this license, an update shall be a minor amendment in the Software, which may contain new features or minor improvements. For the purpose of this license, a fix shall be a minor amendment in the Software, intended to remove bugs or alter minor features which impair the Software's functionality. Updates and fixes shall be marked as a new sub-version number. For example, should The User purchase the Software under version 1.1.X, an upgrade or fix shall commence under number 1.2.0.
Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require us to provide support or fixes to any bug, failure or other defect in the Software.
The User may provide us of details regarding any bug, defect or failure in the Software promptly and with no delay from such event; The User shall comply with our request for information regarding bugs, defects or failures and furnish responses with information, screenshots and try to reproduce such bugs, defects or failures.
The User may request additional features in the Software, provided, however, that:
- The User shall waive any claim or right in such feature should feature be developed by us;
- The User shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with us or any 3rd party which may be, following the development of such feature, in direct competition with us;
- The User warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right
To the extent permitted under Law, the Software is provided under an AS-IS basis. We shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by The User as a result of the Software’s actions, failure, bugs and/or any other interaction between the Software and The User's end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, we shall never be liable for any defect in source code written by The User when relying on the Software.
We reserve the right, at our sole discretion, to modify or replace this agreement at any time. Use of the Software gives The User's consent to the EULA included with the Software.
We may terminate this EULA immediately and without notice if The User fails to comply with any term of this EULA.
In the event of termination, The User must destroy all copies of the Software and License Keys. In addition The User must remove the Software and all copies thereof, including all backup copies, from the Server and all computers and other media on which it is installed, stored or archived. If requested by us, The User shall provide us with written certification that The User has complied with these requirements.
The Software is provided without any warranty; We hereby disclaim any warranty that the Software shall be error free, without defects or code which may cause damage to The User's computers or to The User, and that Software shall be functional. The User shall be solely liable to any damage, defect or loss incurred as a result of operating the Software and undertake the risks contained in running the Software on The User's Computers. This applies even if we knew or should have known about the possibility of the damages.
The User hereby states that The User has inspected the Software thoroughly and found it satisfactory and adequate to The User's needs, that it does not interfere with The User's regular operation and that it does meet the standards and scope of The User's computer systems and architecture. The User found that the Software interacts with The User's environment and that it does not infringe any of End User License Agreement of any software The User may use in performing The User's services. The User hereby waives any claims regarding the Software's incompatibility, performance, results and features, and warrants that The User inspected the Software.
The User warrants that The User has inspected the Software according to “Prior Inspection” clause above and that it is adequate to The User's needs. Accordingly, as the Software is intangible goods, The User shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if the Software contains material flaws
The User hereby warrants to hold us harmless and indemnify us for any lawsuit in regards to The User's use of the Software in means that violate, breach or otherwise circumvent this license, our intellectual property rights or our title in the Software. The User shall promptly notify us in case of such legal action and request our consent prior to any settlement in relation to such lawsuit or claim.
Governing Law, Jurisdiction
The User hereby agree not to initiate class-action lawsuits against Swych Broadcasting LLC in relation to this license and to compensate us for any legal fees, cost or attorney fees should any claim brought by The User against us be denied, in part or in full.
If The User has any questions about these Terms, please contact us at firstname.lastname@example.org
Last updated: 2016-11-06