This End-User License Agreement ("EULA") is a legal agreement between you and Mammuth
This EULA agreement governs your acquisition and use of our Supersearch software ("Software") directly from Mammuth or indirectly through a Mammuth authorized reseller or distributor (a "Reseller").
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION, LIABILITY DISCLAIMERS AND SUPPORT INFORMATION. BY INSTALLING AND USING THE SOFTWARE, CLIENT IS CONFIRMING ITS ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF CLIENT DOES NOT AGREE TO BE BOUND BY THESE TERMS, CLIENT MUST UNINSTALL THE SOFTWARE FROM ALL COMPUTERS AND ENVIRONMENTS.
If you register for a free trial of the Supersearch software, this EULA agreement will also govern that trial. By using the Supersearch software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Mammuth herewith regardless of whether other software is referred to or described herein. The terms also apply to any Mammuth updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Mammuth hereby grants you a personal, non-transferable, non-exclusive licence to use the Supersearch software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Supersearch software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Supersearch software.
You are not permitted to:
Mammuth shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Mammuth.
Mammuth reserves the right to grant licences to use the Software to third parties.
In no event shall Mammuth of this Software be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product. If the Customer takes legal action against Mammuth, under contract law, tort law, or any other kind of law, the Customer's damages will be capped at the amount of fees the Customer paid Mammuth under this agreement for the last 3 months.
Mammuth expressly disclaims 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 or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the Software remains with you.
Mammuth may in its sole discretion make changes in the Service such as introducing new functionalities or deleting functionalities. The Supplier strives to notify its customers reasonably in advance on substantial changes in the Service on the website of the Service and/or by emails sent to customers.
Customers are entitled to support and new releases of Supersearch for one year from the time of purchase of the particular product. Under the terms of a subscription, the support contract is valid for as long as the subscription is active and can be renewed on a monthly or annual base.
Mammuth will be free of liability where Supersearch is prevented from executing its obligations under this EULA Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where Mammuth has taken any and all appropriate action to mitigate such an event.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Mammuth.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Finland.