Downloading and/or running any Swezey product constitutes acceptance of these conditions.
Do NOT download or run any Swezey product if you do NOT agree to them.
Merger Clause. "This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes any and all written and oral agreements previously existing between the parties with respect to such subject matter."
Governing Law. "This agreement shall be governed by the laws of the State of Minnesota, excluding (1) that body of law known as conflicts of law, and (2) the United Nations Convention for Contracts for the International Sale of Goods."
LIMITATION OF LIABILITY. IN NO EVENT WILL VENDOR BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS, OR ANY OTHER INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR INABILTY TO USE THE SOFTWARE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES. THIS PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Restrictive Rights Legend. Any Software which is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. government"), is provided with restrictive rights. Use, duplication, or disclosure by the U.S. 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 or subparagraphs (c)(1) and (2) of the Commercial Comuter Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The manufacturer is Thomas F. Swezey.
The vendor reserves the right to refuse sale to you or any person for any reason. Such reasons include, but are not limited to, the suspicion of a violation of this agreement.
Maximum liability by the vendor in any case shall not exceed the purchase price of the product.
The product may not be altered or redistributed in any way.
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