This End User License Agreement ("EULA") is between SmarterTools, Inc. ("SmarterTools") and the License holder ("You" or "Your") of the product this EULA accompanies ("Software"), whether the License was acquired individually, or on behalf of a company, organization, or other entity. It is important to read and understand all the terms, limitations, and conditions contained in this EULA prior to installing and using the Software because they affect how You may use the Software and Your rights under this License. By explicitly accepting this EULA by installing, copying, downloading, accessing, or otherwise using the Software, You agree to be bound by the terms of this EULA. If, prior to using or installing the Software, You decide that You are unable or unwilling to agree to the terms of this EULA, promptly and completely uninstall and destroy any electronic copies of the Software and accompanying items in your possession.
This EULA shall apply to this Software, future versions of this Software, updates, add-ons, and plug-ins to this Software, features selection(s), including, but not limited to, "Professional," "Enterprise" and "Free" editions of the Software, and maximum allowed numbers of users, profiles, devices, email addresses, domains, web sites, or agents ("level"), in addition to any services, technical support, advice, and recommendations related to this Software that may be made available by SmarterTools on the internet, on websites, in the Software documentation, via email or by telephone.
DEFINITIONS
The following definitions shall apply for the purposes of this EULA:
"Confidential Information" shall mean any information or material provided by SmarterTools to You, regardless of how it is provided, that is labeled "Confidential" or has any similar designation, or is information logically understood to be confidential by any reasonable person. This information also includes, but is not limited to, license keys, information related to SmarterTools pricing, any product roadmap, any marketing plans, any Software improvements, or any other information not made available to the public.
"Dedicated Hosting" shall refer to an individual, group, or organization ("Dedicated Host") that maintains a physical server device that is wholly or, in the case of Virtual Private Servers ("VPS"), a dedicated portion of a physical server device that is sold, leased, or otherwise made available to a third party; whether or not a fee or other compensation is exchanged; and in which the third party has authorization and/or access to the activation areas of the software and/or to system administration functions.
"Effective Date" shall be the date upon which this EULA was accepted by You.
"Guest Operating System" shall mean any operating system for which You are officially licensed that runs as a guest, or instance, on top of another operating system, such as in the use of one or more VPS that are used to run the Software.
"License" shall refer to the revocable, non-exclusive, non-transferable license to use the Software in accordance with the terms and conditions of this EULA. The term License applies to purchased and non-purchased Licenses, including but not limited to the object code, source code, and any accompanying alphanumeric combinations used to enable and/or activate the software or certain Features Selection(s) in the Software (collectively, "License Keys")
"License Key" shall apply to the alphanumeric combination entered/applied upon installation and used to access Feature Selections. License Keys are delivered to the owners of purchased (paid for) Licenses and to those who may receive authorized promotional or trial Licenses, if applicable (pursuant to this EULA). This EULA remains in full force and effect for the Software whether a License Key is required or provided by SmarterTools.
"Maintenance and Support" shall mean a yearly, optional licensing subscription that provides You with the ability to download and install any software updates released by SmarterTools and submit support requests as outlined on the Technical Support page of the SmarterTools website. Maintenance and Support is required for the continued use of any Third-Party add-on based on the agreements in place with Third-Party vendors.
"Periodic License" shall be a License with a defined start and end date whether such License is subject to renewal, automatically renews, effectively terminates, or is extended (e.g., Monthly/Lease Licenses, Trial Licenses, Development Licenses). Periodic Licenses may be governed by additional terms and conditions in a separate written agreement.
"Shared Hosting" shall refer to an individual, group, or organization ("Shared Host") that maintains a physical server device upon which software and/or tools are owned and installed by the Shared Host and made available to third parties for access or use; whether or not a fee or other compensation is exchanged; and in which the third parties do not have authorization or access to the activation areas of the Software and/or do not have authorization or access to system administration functions.
"Software" or "Product" shall mean any products developed by SmarterTools, and any third-party products and/or services provided as part of those products and installed by end users and/or system administrators, regardless of where that installation occurs.
"Third Party Providers" shall be any other software, application, plug-in, add-on, utility, tool, device, or methodology by any individual, group, organization, affiliation, company, or other entity that connects, modifies, links, and/or integrates to/with the Software for any purpose whatsoever.
1. License.
A. Grant of License.
Subject to the terms and conditions of this EULA, SmarterTools hereby grants You a revocable, non-exclusive, non-transferable, non-assignable, limited license to use the Software ("License"). This License shall commence on the purchase date of the Software and shall remain in effect until terminated in accordance with the terms of this EULA or superseded by another end user license agreement pursuant to installation of an Update or changes in Features Selection. SmarterTools, together with any third-party content providers whose software code is incorporated in the Software or distributed with it, retains all right, title, and interest to the Software, including, but not limited to, copyrights, trademarks, proprietary methods, and trade secrets ("Intellectual Property") incorporated into the Software.
This License to use the Software is conditioned upon You paying all related charges and fees imposed by SmarterTools for purchase of the Software, monthly license of the Software, or for the authorized delivery of the Software as a service (SaaS). SmarterTools may, in its sole discretion, disable this License if You fail to pay such charges or fees within the time allowed by SmarterTools or otherwise violate any terms in this EULA.
B. Use of the Software.
You shall use the Software for Your own personal or internal business purposes. Personal or internal business purposes shall include the installation of the Software and activation of only one License on any single instance (i.e., personal computer, server, virtual private server (VPS), Cloud instance, etc.) by You or Your Customer(s) pursuant to the terms of section 1.C. below.
C. Sublicense, Resale, Lease, Sub-lease, or Transfer
You may sublicense this License to a third party(ies) ("Customer") only pursuant to a Shared or Dedicated Hosting agreement and the terms and conditions of this EULA, if applicable. You represent and warrant that each Customer has accepted this EULA prior to allowing the Customer access to or utilization of the Software and You shall promptly provide confirmation of each Customer(s) s acceptance of the EULA upon request by SmarterTools. You shall indemnify, defend, and hold SmarterTools harmless against any claims asserted by or against You by any of Your Customer(s) or by any third party related to Your Customer(s) s use of the Software, including but not limited to claims of infringement of the intellectual property rights of any third party and the additional warrantee, liability, and indemnification provisions found in Sections 3 and 5.
Certain authorized parties ("SmarterTools Partner") may Resell, Lease, or Transfer this License (collectively, "Transfer") to any third-party subject and pursuant to a separate authorizing agreement with SmarterTools. For the purposes of this EULA, Transfer shall refer to any transaction whereby sole use, management, ownership, and/or control of the software is assigned to any third-party for that party's benefit, pursuant to the terms and conditions of this EULA, whether a fee or other compensation is charged and whether such Transfer is permanent or temporary. Transfers by or between any party(ies) other than SmarterTools or a SmarterTools partner must be approved by SmarterTools in advance and in writing.
You may install and maintain the Software on behalf of a third party; however, all SmarterTools Licenses in such circumstances must be purchased by the third party directly through SmarterTools or through a SmarterTools Partner and the Software must be activated under the name of the related third party; thereby, the related third party assumes full ownership of the License subject to the terms and conditions of this EULA.
D. Limitations on Use of the Software and License Keys
You shall not modify, reverse engineer, reverse assemble, decompile, disassemble, decrypt, reflect, or use reflection on the Software, or otherwise attempt to discover or obtain the source code or structure, sequence, or organization of the software in whole or in part, except as provided in Section 9 of this EULA. You may distribute copies of the software code in the same format that you received it, pursuant to the terms of this EULA, so long as You do not modify the Software in any way and so long as all copyright, trademark, and other notices contained in the Software remain intact.
You shall not attempt to bypass, circumvent, disable, design around, or obviate the License Keys for any reason, including but not limited to attempts to access features, capacity, or capabilities in the Software not included in your Features Selection. Further, other than pursuant to Section 1.C. of this EULA, You shall not disclose or disseminate any License Keys associated or distributed with the Software, publicly or to any third party, nor shall You allow anyone else to use any such License Keys.
You may reassign/migrate this Software to a different device owned, leased, or rented by You subject to SmarterTools' approval in its sole discretion, if You completely uninstall or delete the Software from any personal computer, server, Virtual Private Server, or other device on which the Software was previously installed. SmarterTools reserves the right to require, in its sole discretion, reauthorization, re-registration, or another form of authentication at no additional charge to enable reassignment of the Software and may disable the related License Key and/or access to the Software at any time if it determines, in its sole discretion, that such reassignment is prohibited by the terms of this EULA or constitutes fraud.
You shall not use the Software to harm third parties, disseminate unsolicited communications (emails, etc.), requests, or harmful data or programs including but not limited to malicious scripts and viruses. You shall not use the Software to disseminate pornography, child pornography, or other harmful or illegal materials, or in any way that may disparage or bring disrepute to SmarterTools.
E. Beta Services
SmarterTools may, from time to time, offer certain Software or Services as closed or open beta services ("Betas", "Beta Software", "Beta Service(s)") for the purpose of testing and evaluation by You. You agree that SmarterTools has the sole authority to determine the period for this testing and evaluation. In addition, You agree that SmarterTools will be the sole judge as to the success of such testing and evaluation and the decision, if any, to include or otherwise offer the Software or Services tested. You further agree that SmarterTools will not be liable to you or to any third part for any harm related to, or arising out of our caused by, any Betas.
2. Term and Termination.
This EULA is effective as of the date You install or use the Software, or as of the date You accept this EULA, whichever is sooner. You may terminate this EULA by completely deleting and wholly destroying any copies of the Software and documentation in Your possession or control. SmarterTools may terminate and/or disable the License or EULA if, in its sole discretion, SmarterTools determines that You have breached any of the terms and conditions of this EULA, with or without notice to You of such termination. Sections 1.B., 1.C., 1.D., 3, 5, 6, 7, 8, 9, 10, 11, 12, and 13 shall survive termination of this EULA.
3. Limited Warranty and Limitation of Liability.
A. No Warranties
SmarterTools does not warrant that the Software will meet Your requirements, that the operation of the Software will be uninterrupted or error-free; that any data supplied by the Software will be accurate; or that the Software will work with any 3rd-party or supplemental software or hardware furnished with or accompanying the Software. Further, SmarterTools does not warrant the efficacy, functionality, or operation of such Accompanying Software or Hardware. ALL HARDWARE, SOFTWARE, OR OTHER PRODUCTS OR SERVICES PROVIDED BY SMARTERTOOLS UNDER THIS EULA ARE PROVIDE AS-IS, AND SMARTERTOOLS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
B. No Liability for Damages
SmarterTools shall not be liable for any damages under this EULA, including but not limited to consequential, statutory, punitive, incidental, or indirect damages, including but not limited to any loss of data, loss of profits, loss of savings, loss of time or convenience, or additional cost arising out of the use of or inability to use the Software, documentation, support, or any 3rd-party or accompanying software or hardware; even if SmarterTools has been advised of the possibility of such damages.
SmarterTools only provides the Software; it does not, and cannot, provide any additional products, policies, or services that should be included as part of an organization's use of the Software. Examples of these products, policies, or services include networking appliances, network configurations, firewalls, backup software or services, backup policies, backup retention policies, data protection policies, data protection services, or any other product or service that should be used to mitigate the potential for issues that may cause loss of data, loss of profits, loss of savings, loss of time, or any additional costs arising out of the use of, or inability to use, the Software.
It is Your responsibility to verify whether the Software or service matches the level of risk, security considerations, compliance regulations, or other mitigating circumstances based on your particular use case for the Software, your industry, laws, rules, and guidelines, or any other factor. SmarterTools documentation should not be the sole factor referenced or reviewed for you to make this judgement/verification. Product installation and testing should be performed in addition to communicating with SmarterTools, reviewing documentation, and other exploratory research and analysis as part of your due diligence.
You undertake to keep SmarterTools indemnified from and against all claims and demands of any third party relating to an unauthorized access to or exposure of sensitive or confidential information and/or relating to a data breach, including any exposure of sensitive or confidential information as defined by article 33 GDPR, in Your infrastructure and/or Software and against all charges, costs and expenses incurred in defending, contesting or settling such claims or demands, unless the same can be shown to be attributable solely to the acts or default of SmarterTools.
Further, SmarterTools shall not be liable for nor bound by any claims, representations, promises, assertions, or other statements made by anyone other than SmarterTools employees or officers, including but not limited to resellers and sales representatives.
SmarterTools shall not be liable for any damages or inconvenience resulting from errant data or misreporting of data, nor failures to relay information that may be deemed important by the user, any errant or substantial mistranslation of language or information, and/or for any damages arising from events listed in Section 5 of this EULA.
C. Third Party Providers and Web Services
The Software is designed to integrate and/or to be used in conjunction with Third Party Providers through web services. SmarterTools assumes no liability and makes no warranty or guarantee regarding the applicability or effectiveness of this Software when used in conjunction with these products or whether such integration or use might interfere with the operation therein. You agree to hold SmarterTools harmless in all matters resulting from the integration or use with Third Party Providers.
D. Limitation of Liability
Your sole remedy under this Agreement shall be limited to replacement of the Software.
4. Technical Support
Currently, SmarterTools provides technical support for the Software via SmarterTools personnel, documentation, and internet resources. For a period after initial purchase of a License, and for subsequent periods when Maintenance and Support is active for a License, technical support from SmarterTools personnel is provided at no charge. If Maintenance and Support is no longer active on a License or if the License is for a product that is no longer in development by SmarterTools, technical support is only available via documentation and internet resources. SmarterTools also provides fee-based tickets for emergencies related to SmarterTools products, as well as training and installation of SmarterTools products. These fees may vary from time to time. Technical support is provided AS-IS, and the provisions of section 3.A., 3.B., 3.C, and 3.D. apply to technical support.
SmarterTools provides no guarantee, expressed or implied, regarding the efficacy or continuation of technical or other support for this Software or version of this Software for any length of time and SmarterTools may choose to discontinue such support at any time and for any reason.
5. Indemnification.
SmarterTools shall defend you against any third-party claim that Your use of the Software, as authorized under this EULA, infringes any patent, copyright, or trademark of a third party, and indemnify you from the resulting costs and damages awarded against You to the third party making the infringement claim. This is dependent upon you (a) notifying SmarterTools, in writing, of any Infringement Claim within thirty (30) days of notice of the claim; (b) giving SmarterTools sole control of the defense of any Infringement Claim and any related negotiations or settlement; and (c) giving SmarterTools all information and assistance necessary to settle or defend the Infringement Claim.
Exclusions to the above include for any Infringement Claim arising out of Your, or any party's other than SmarterTools, modification(s) to the Software, the use of other than the most current version of the Software if the infringement would have been avoided by use of the most current version, the use of Open Source Software in conjunction with the Software, the use of the Software with materials not furnished by SmarterTools or not in accordance with this EULA, or use of the software outside the scope of this EULA.
You shall defend, indemnify, and hold harmless SmarterTools and its suppliers, licensors, successors, affiliates, agents, employees, executives, and assigns (hereafter "SmarterTools Indemnified Parties") from any claims, damages, losses, or expenses (including without limitation attorney fees and costs) incurred in connection with any and all damages, losses, claims, suits, judgments, or causes of action asserted against SmarterTools Indemnified Parties by third parties or Your Customers related to:
Damages arising from Your breach or Your Customer's breach of this EULA; Any loss, misdirection, or inaccuracy of any and all data, message, and/or information (partial or complete) by, or directed to, You, Your Affiliates, Your Customers, Your vendors, Your assignees, or any related third party and from any action, inaction, or consequence arising out of such loss, misdirection, or inaccuracy of any data, message, or information; Any misuse, abuse, hostile transmission, fraud, or unlawful action arising from or related to the use of the Software or any portion thereof by, or directed at, You, Your affiliates, Your Customers, Your vendors, Your assignees, and/or any related third party; Any claim, damage, loss, or expense related to the installation, quality, use, operation, functionality, transfer, or de-installation of the Software by You, Your Customer(s), or third parties; Any charges imposed by You or third parties on You or Your Customers related to Your or Your Customer(s) s use of the Software, including but not limited to charges for data transmission and bandwidth, regardless of whether you have followed any recommendations provided with the Software or Software documentation.
6. Transfers
The rights under the License may be sublicensed under the terms of Section 1.C. or transferred to any of Your successors, heirs, or assigns. Any other attempt to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void unless You have a separate written agreement with SmarterTools allowing for such transfer(s).
7. Jurisdiction.
This Agreement shall be governed in all respects by the laws of the United States and the State of Arizona, except for conflict of law's provisions. The parties agree that for any dispute, controversy, or claim arising out of or in connection with this Agreement, venue and personal jurisdiction shall be in the federal, state, or local court with competent jurisdiction located in Maricopa County, Arizona. The prevailing party will be entitled to an award of reasonable attorney's fees.
In the case that You are an agency or entity of the United States Government, the following additional terms apply:
* The Software qualifies as Restricted Computer Software, as defined in the Rights in Data-General clause at Federal Acquisition Regulations 52.227-14.
* Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.
8. Payments and Pricing.
You shall pay the total fee(s) for the Software imposed by SmarterTools at the time of purchase. You shall pay all invoices rendered by SmarterTools within thirty (30) calendar days after the invoice date, or within another time frame set forth by SmarterTools in writing in a separate agreement. All payments shall be made in United States Dollars ($).
Pricing for the Software and any associated products is available on the SmarterTools website. Additional fees may apply when upgrading to a version of the Software significantly enhanced with features previously not existing in Your License. In addition, SmarterTools may update pricing of the Software and any associated products, to reflect current exchange rates, inflation, material, workforce and suppliers' costs, additional fees imposed by Third Parties, or other reasons.
A. Effect of Non-Payment
If You fail to pay any amount due within the above timeframe, SmarterTools may impose late charges equal to the lesser of 1.5% per month or the highest interest rate allowable by applicable law, together with all related expenses and collection costs, including reasonable attorneys' fees, incurred by SmarterTools collecting any amounts owed under this EULA. Further, You shall reimburse SmarterTools for any out-of-pocket expenses incurred in connection with duties performed by SmarterTools hereunder. Upon request by You, SmarterTools shall provide You with reasonable documentation evidencing the out-of-pocket expenses incurred by SmarterTools.
9. Limitations to Customization.
Altering the appearance and/or user interface of the Software can only be achieved, and is only supported, by using the tools and options provided within the Software itself. (E.g., using the tools within the software to customize login pages and/or providing custom links to help documentation.) Any changes to any files installed with the Software that are made outside of the Software's interface is done at your own risk and will not be supported, retained, or otherwise preserved during any upgrade, downgrade, or other installation of the Software.
All applicable copyright and trademark information shall not be removed in any way, shall remain visible to the naked eye and free from any clutter or similar color scheme. In addition, any proprietary notices in the Software shall be maintained and neither removed nor obscured in any way.
10. Transmission of Information and Communication.
At purchase of the Software and at other times during the term of this EULA You will be required to supply certain information including, but not limited to, email address(es), password(s), street addresses, personal and/or company information, payment information (e.g., credit card information), and/or other personally identifiable and potentially valuable information. Acceptance of this Agreement indicates Your willingness to provide this information, to keep Your information up to date and current, and to have it transmitted to SmarterTools via internet, phone, facsimile, verbally, or otherwise and Your assumption of the incumbent risks associated with such transfers. SmarterTools takes the privacy and security of data very seriously and will make efforts to protect data in accordance with our privacy policy. A copy of the SmarterTools privacy policy is available by request and incorporated herein by reference. In any event, SmarterTools and its suppliers, licensors, successors, affiliates, agents, employees, executives, and assigns shall not be liable for any stolen, misdirected, or otherwise mishandled information pursuant to this EULA.
From time-to-time SmarterTools may contact You at any address, including any email address(es), You have provided to SmarterTools regarding the Software, available Updates or Features Selection for the Software, or for promotional purposes. You hereby expressly consent to such communications. If you do not wish to receive further notices, you may notify SmarterTools of your preferences via your account on the SmarterTools website.
From time to time the Software may use the internet or other means to exchange data with computers, servers, or other electronic devices owned by SmarterTools to maintain licenses, communicate updates or instructions, provide utilization metrics, gauge performance, enforce SmarterTools' rights with regard to licensing and this EULA, or other information as is needed. Acceptance of this Agreement indicates Your acceptance of this communication and Your assumption of the incumbent risks associated with such communication. Any attempt to prevent, preclude, disrupt, or modify this communication is not allowed under this EULA and may result in the disabling of the Software and license key.
SmarterTools may, at its discretion, offer products and/or services related to the software directly to any user and/or administrator of its Software. The ability of such users and/or administrators to purchase, subscribe or otherwise make use of such products/services is done at their request and any transaction will occur between such users and/or administrators and SmarterTools directly.
11. Third-party Correspondence, Interaction, Purchase, Service, or Promotion
During use of the Software, You may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party advertisers or sponsors displaying goods and/or services through the Software, and you recognize, however, that certain third-party providers of ancillary software, hardware, or services may require Your agreement to additional or different licenses agreements or other terms prior to Your use of or access to such software, hardware, or services.. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between You and the applicable third party. SmarterTools shall have no liability, obligation, or responsibility for any such correspondence, interaction, purchase, service, or promotion between You and any such third-party including, but not limited to, translations, mapping, sharing, or any other service or transfer, even if such third-party correspondence, interaction, purchase, service, or promotion is listed as a benefit or feature of the Software. SmarterTools explicitly disclaims any liability, obligation or responsibility for the continuation, viability, quality, reliability, or availability of any such third party provided correspondence, interaction, purchase, service, or promotion.
In all events, conditions, and circumstances the provisions and limitations of Sections 3, 5, and 7 shall apply.
12. Severability.
The provisions of this Agreement will be deemed severable, and the invalidity or unenforceability of any provision(s) will not affect the validity or enforceability of any other provision(s) herein.
13. Disabling of License Keys
SmarterTools may disable License Keys at any time at its sole discretion. Examples of instances where License Keys may be disabled include, but are not limited to the following: for invoices that are not paid within a reasonable timeframe as determined by SmarterTools payment terms; License Key purchases that are made fraudulently and/or deceptively; License Key purchases that result in a charge-back or disputed charge; Instances where License Key owners threaten legal action against SmarterTools; Instances where License Key owners are deemed by SmarterTools to be abusive towards SmarterTools and/or SmarterTools employees, or otherwise refuse to work collectively with SmarterTools to resolve issues with our software whether through phone conversation, email, live chat, online message boards or community posts, or other means.
14. Dispute Resolution
Any disputes, claims or controversies arising out of, relating to, concerning, or pertaining to the terms of this Agreement, or to either Party's performance or failure of performance under this Agreement ("Disputes"), which Disputes the Parties have been unable to resolve by informal methods, will first be submitted to mediation.
Either Party may initiate mediation by providing Notice to the other Party of a written request for mediation, setting forth a description of the Dispute and the relief requested. Unless otherwise agreed to by the Parties, the mediation will not be scheduled for a date that is greater than 60 days from the date of Notice of the request for mediation.
The Parties will cooperate with one another in selecting the mediator ("Mediator") and in scheduling the time and place of the mediation, per Section 7. Such selection and scheduling will be completed within 30 days after Notice of the request for mediation.
The Parties covenant that they will participate in the mediation, and that they will share equally in its costs (other than each Party's individual attorneys' fees and costs related to the Party's participation in the mediation, which fees and costs will be borne by such Party).
Results of the mediation will not be subject to discovery and will be confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding between or involving the Parties, or either of them; provided, however, that evidence that is otherwise admissible or discoverable will not be rendered inadmissible or non-discoverable because of its use in the mediation.
15. Export Control and Regulation
You may not use, export, import, or transfer the Software except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Software, and any other applicable laws. In particular, but without limitation, the Software may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Software, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Software for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You acknowledge and agree that products, services, or technology provided by SmarterTools are subject to the export control laws and regulations of the United States. You will comply with these laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer SmarterTools products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations.
16. Entire Agreement.
This EULA constitutes and expresses the entire agreement and understanding between the parties hereto with respect to the subject matter, all revisions discussions, promises, representation, and understanding relative thereto, if any, being herein merged. This Agreement replaces and supersedes any prior agreement entered between the parties hereto with respect to the subject matter herein. This EULA may change, from time to time, and when changes are made, the "Revision Date" at the bottom of this document will change to note when the EULA was last updated.
Rev. 20240422