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END USER LICENSE AGREEMENT
This End User License Agreement ("EULA") is between SMART PEOPLE ON ICE, LLC ("SPOI") and you. Your use of SPOI Options (the "Software") is subject to this EULA. If you do not agree to these terms, do not install or use the Software.
Grant of Rights
Subject to your continued payment of subscription fees for the Software as set forth on https://spoi.com/options/subscription, SPOI hereby grants you a non-exclusive license to use the Software as provided in this EULA. Subject to the check-in limitations described below, this license grants you and your immediate family in the same household as you the right to use the Software in all compatible browsers (including different browser versions in the same browser family) on all computers that you personally use. This license does not permit you to use the Software on computers shared with the public (e.g., cafe, library, etc.).
The Software will operate normally if the registration hash associated with your copy of the Software checks in with the license server no more than 10 times in a 24 hour period. If the registration hash associated with your copy of the Software checks in with the license server more than 10 times in a 24 hour period, the Software will be disabled until 12:00 AM UTC. After 12:00 AM UTC, the Software will operate normally subject and the check-in procedure described above will restart. The Software checks in with the license server when it is installed (even if it is re-installed immediately following a failed previous install) and all installed versions of the Software check in once per day. If the Software is unable to connect with the license server, the Software will be automatically disabled.
Your copy of the Software is licensed to you, not sold. You may not assign or transfer your rights in the Software. You have no ownership interest in the Software. You may not (i) modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the Software; (ii) allow third parties to use the Software; or (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the Software's source code.
The only personal information transmitted by the Software is the registration hash of the email address you used to register the Software. That information is only used for the check-ins with the registration server as described above to confirm that you have a licensed copy of the Software and that your use does not exceed the check-in limitations described.
No Warranties Given
SPOI MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SPOI does not warrant that the Software will perform without error or that it will run without immaterial interruption.
Limitation of Liability
SPOI'S MAXIMUM LIABILITY TO YOU FOR ANY CLAIM UNDER THIS EULA, IN TORT OR OTHERWISE IS LIMITED TO THE AMOUNT YOU PAID TO LICENSE THE SOFTWARE IN THE PREVIOUS 12 MONTHS. IN NO EVENT SHALL SPOI BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR LOST INFORMATION) RISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, LOSS OF DATA OR ANY OTHER CLAIM, EVEN IF SPOI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your right to use the Software will automatically terminate if you fail to comply with this EULA. SPOI may terminate your right to use the Software at any time.
No Obligation to Develop or Offer Software
SPOI has no obligation to continue to develop, improve or upgrade the Software. SPOI may discontinue offering the Software at any time. SPOI has no obligation to provide support for the Software. Any updates to the Software become part of the Software subject to this EULA.
This EULA is the entire agreement between you and SPOI with respect to the Software. SPOI may amend this EULA at any time and your continued subscription for the Software constitutes your acceptance of any changes. This EULA is governed by the laws of the state of Oregon.
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