Please read this End User License Agreement (“EULA”) before you purchase, download, install or use the SmartScanner Windows applications (“SmartScanner”).
If you do not agree with the terms of this EULA, please do not purchase and/or download, install and use the SmartScanner.
This EULA applies to any licenses granted to you by us for the use of the SmartScanner.
SmartScanner is only for people 13 years old and older. By using SmartScanner, you affirm that you are over 13. If you are accepting this EULA and using SmartScanner on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
Permitted Use and Restrictions
We grant you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the SmartScanner for the agreed period (“Subscription Term”) strictly in accordance with this EULA.
- In order to be able to install the SmartScanner, receive updates and activate your license, your computer shall have access to the Internet and shall meet the system requirements described on the website that can be found at https://www.TheSmartScanner.com/docs/
- You may use the SmartScanner Professional edition on one computer for one user only, otherwise agreed with us.
- You shall use the SmartScanner in accordance with applicable laws and shall not:
- License, sublicense, sell, rent, lease, lend, rent, assign, transfer, provide, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the SmartScanner or make the SmartScanner available to any third party.
- Modify, adapt, translate, or make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the SmartScanner.
- Remove, alter or obscure any proprietary notice or marks (including any notice of copyright or trademark) of the SmartScanner.
- Use or access the SmartScanner in order to build a similar or competitive product or service or to disclose to any third party any benchmarking or comparative study involving the SmartScanner.
- Use the SmartScanner for or in conjunction with, or initiate security scanning of, any web domain (or part of a domain) that has any content that may be adult in nature (e.g. tobacco, firearms, alcohol), obscene, pornographic, abusive, offensive, profane, or defamatory.
- Use the SmartScanner to scan any third party website or web application without such third party’s prior written consent.
- Violate any applicable laws or regulations or any rights of any third party in connection with the use or access of the SmartScanner.
We reserve all rights and licenses not expressly granted to you in this EULA, and no implied license is granted to you.
YOU ACKNOWLEDGE THAT THE WE MAY INCLUDE FEATURES TO PREVENT USE AFTER THE APPLICABLE SUBSCRIPTION TERM AND/OR IN THE EVENT OF YOUR USE INCONSISTENT WITH THIS EULA.
Payment and Refunds Terms
If you wish to use SmartScanner Professional or any other services we offer for a fee, you must pay the applicable fees for the subscription term for your access to the SmartScanner. Subscription terms are subject to yearly fees unless otherwise agreed with us. All fees are payable in advance and are non-refundable. All fees exclude any taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties.
Updates to SmartScanner
We may from time to time provide enhancements or improvements to the features/ functionality of the SmartScanner, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the SmartScanner. You agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the SmartScanner to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the SmartScanner, and (ii) subject to this EULA.
Maintenance and support
In case of releasing a new version, we will notify you to receive the new version during your Subscription Term. Technical support is available during your Subscription Term. Support is only available via email. Any maintenance and support provided by us, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.
SmartScanner may display, include or contain links to third-party websites, advertisers, services, data, materials, contents, products, information, special offers, or other events or activities that are not owned or controlled by SmartScanner (“Third-Party Services”). We don’t endorse or assume any responsibility for any such Third-Party Services. If you access any Third-Party Services from SmartScanner, you do so at your own risk and you agree that SmartScanner has no liability arising from your use of or access to any Third-Party Services. You acknowledge and understand that we use third-party vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the SmartScanner. The SmartScanner may incorporate and consist of third-party Open Source Software which you may use under the terms and conditions of the specific license under which the Open Source Software is distributed. Title to Open Source Software remains with the applicable licensor(s). Any Open Source Software provided with or contained in the Product is provided “AS IS” and without any warranty of any kind.
If you choose to submit comments, improvements, suggestions, ideas, or feedback, you agree that we are free to use them without any restriction or compensation to you.
Intellectual Property Rights
We are the owner of all right, title, and interest in the SmartScanner. SmartScanner and all copies thereof will at all times remain the sole and exclusive property of us. You shall not acquire any ownership of the SmartScanner as a result of your purchase of the License or your use of the SmartScanner.
The SmartScanner is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. You use them at your own risk and discretion. That means it doesn’t come with any warranty. None express, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title, or non-infringement.
We do not warrant that:
- the SmartScanner will meet your specific requirements
- the SmartScanner will be uninterrupted, timely, or error-free
- the quality of any products, services, information, or other material purchased or obtained by you through the SmartScanner will meet your expectations.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR LICENSORS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. WE AND OUR LICENSORS’ LIABILITY UNDER THIS AGREEMENT WILL NOT, IN ANY EVENT, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE GREATER OF THE LICENSE FEES YOU PAID IN THE PAST TWELVE (12) MONTHS FOR THE SMARTSCANNER GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS (U.S. $100). THE FOREGOING LIMITATIONS WILL APPLY REGARDLESS OF WHETHER WE OR OUR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU MAY NOT BRING A CLAIM UNDER THIS AGREEMENT MORE THAN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION ARISES.
You agree to indemnify and hold SmartScanner and its parents, subsidiaries, affiliates, officers, developers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the SmartScanner; (b) violation of this EULA or any law or regulation; or (c) violation of any right of a third party.
This EULA will continue to be in force until the end of the applicable Subscription Term, unless renewed or purchased before the end of the applicable Subscription Term. We are entitled to terminate this EULA during the Subscription Term with immediate effect and without prior notice in the event you fail to comply with the terms in this EULA, in the event you fail to pay for your Subscription Term, or in the event we are required to do so by law or an order of an applicable court. You may also terminate these EULA by deleting the SmartScanner and all copies thereof from your computer. Upon termination of this EULA, you shall cease all use of the SmartScanner and delete all copies of the SmartScanner from your computer. Termination of this EULA will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this EULA) of any of your obligations under the present EULA. You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination (Our warranty disclaimers, our limitations of liability, our ownership of the SmartScanner, and the dispute resolution provisions), will remain in effect after termination of this EULA.
No waiver of any term of this EULA shall be deemed a further or continuing waiver of such term or any other term, and SmartScanner’s failure to assert any right or provision under this EULA shall not constitute a waiver of such right or provision.
This EULA, and any rights and licenses granted, may not be transferred or assigned by you but may be assigned by us without restriction. Any assignment attempted to be made in violation of this EULA shall be void.
If any provision of this EULA is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the EULA will remain in full effect.
Amendments to this EULA
We can change this EULA at any time. If a change is material, based on our sole discretion, we will notify you of such modifications on our website or otherwise, e.g. by using the email address used for purchasing. Any modifications to this EULA shall only apply upon acceptance by you.
If you would like to contact us to understand more about this EULA, you may do so via the contact form (can be found at https://www.thesmartscanner.com/contact) or send an email to firstname.lastname@example.org
Last updated on December 01, 2020