PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("EULA") FOR THE USE OF REMOTE-ACCESS-SOFTWARE. THIS EULA IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND STONE FOREST IT PTE LTD ("SFIT") AND SERVES AS EXTENSION FROM YOUR PREVAILING MAINTENANCE CONTRACT WITH SFIT.
BY CLICKING "I ACCEPT" OR DOWNLOADING, OR OTHERWISE USNG THE REMOTE-ACCESS-SOFTWARE, YOU ARE CONSENTING TO ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS EULA. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS EULA, IMMEDIATELY EXIT FROM THE SOFTWARE AND THE REMOTE CONTROL SERVICE WILL NOT CONTINUE.
The maintenance service contract and any fonts accompanying this EULA are provided to you by SFIT.
1. Permitted Uses and Restrictions
As part of our technical support service scope under your prevailing maintenance service contract, this Agreement allows you to use the Remote-Access-Software on a single computer at a time. Except as expressly permitted in this Agreement, you may not use, copy, decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute or create derivative works based upon the Remote-Access-Software in whole or part or transmit the Remote-Access-Software over a network. Your rights under this Agreement will terminate automatically, without prior notice from SFIT, either upon expiry of your annual maintenance contract with SFIT or when you failed to comply with any term(s) of this Agreement.
2. Limited Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE REMOTE-ACCESS-SOFTWARE IS AT YOUR SOLE RISK. THE REMOTE-ACCESS-SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND SFIT AND SFIT'S LICENSOR(S) (FOR THE PURPOSES OF PROVISION 1 ABOVE, SFIT AND SFIT'S LICENSOR(S) SHALL BE COLLECTIVELY REFERRED TO AS "SFIT") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SFIT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE REMOTE-ACCESS-SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE REMOTE-ACCESS-SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE REMOTE-ACCESS-SOFTWARE WILL BE CORRECTED. FURTHERMORE, SFIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE REMOTE-ACCESS-SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SFIT OR A SFIT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE REMOTE-ACCESS-SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SFIT OR AN SFIT AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
3. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SFIT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, THE MAXIMUM LIABILITY THAT SFIT SHALL INCUR HEREUNDER SHALL BE LIMITED TO THE ACTUAL CONTRACT VALUE PAID BY YOU FOR THE MAINTENANCE SERVICES.
4. Governing Law and Severability
This Agreement shall be governed by the Singapore Laws. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
5. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the use of the Remote-Access-Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by SFIT.
Stone Forest IT Pte Ltd