SMART Utility License Agreement

SMART Utility License Agreement

THIS IS A LEGAL AGREEMENT between you (whether an individual or an entity) and Volitans Software. By using and/or purchasing SMART Utility, you are agreeing to be bound by the terms and conditions of this agreement. If you do not agree, do not use and/or purchase SMART Utility.

1. You may use the unregistered version of SMART Utility at no cost for evaluation for 30 days or 5 launches, which ever comes later. To continue to use SMART Utility, you must pay for a license.

2. When purchasing a license you are granted a non-exclusive and non-transferable license to use SMART Utility on any devices you own or are permitted to install software, with the number of actual copies to not exceed the license you paid for. A copy is defined as the .app package, uncompressed or compressed, existing on any physical medium (a hard drive, flash/jump/USB drive, FireWire drive, network drive or other such mediums, excluding RAM when the application is running). Any backup copies are counted as a copy. 

You also must use the application only for the uses allowed by the license you have purchases. "Personal" (and "Personal- French") is for a single user at a single location, but it may be used in the course of doing business. "Business" is for multiple users at a single location, but a copy may be taken offsite for one-time uses in the course of doing business. "Family"  is for multiple family members- including extended family members such as uncles, aunts, cousins, nieces and nephews- at multiple locations for personal, non-commercial use. "Educational" is for multiple users at a single location- including multiple buildings are a contiguous campus- for educational users only. 

3. You are not permitted to share or give any serial numbers to any other person or organization. The serial number is based on your name, and may be traced back to you. 

4. Violation of this agreement will result in at minimum revocation of permission to use SMART Utility, and all serial numbers purchased by you, without any refund. Legal action against you for violation of this agreement or any copyright laws may also result from the violation.

5. You acknowledge that SMART Utility is the copyrighted property of Volitans Software, and all titles, claims, intellectual property rights, and any other rights are retained by Volitans Software.

6. SMART Utility is provided "As-is," and may contain defects, faults, bugs, and other inaccuracies that may cause failure, incorrect operation, data loss, and/or other damage. Volitans Software is not responsible for any loss, damage, or other problems that may arise from running SMART Utility. Volitans Software offers no warranties on the use of SMART Utility for any purpose. Volitans Software will not be liable for any monetary or other claims for any loss or damages arising from the use of SMART Utility. If any claim is made and upheld against Volitans Software, invalidating this section or any other section, the only liability shall be the license fee paid by you. 

7. If any part of this agreement is invalidated or declared unenforceable, that part shall be severed and the other sections shall remain in full force and effect.

8. This agreement supercedes any prior agreements between the parties, and it may not changed, modified, or binding without the writing agreement from Volitans Software.

9. This agreement shall be governed by the laws of the State of Pennsylvania, and Lancaster, Pennsylvania shall be the sole jurisdiction and venue for any legal action or litigation against Volitans Software.

October 12, 2008
Matthew J. Butch
President and Owner
Volitans Software
Lancaster, PA