By installing, copying, or otherwise using this Software, you are agreeing to be bound by the terms of this EULA, including the WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, and TERMINATION PROVISIONS. If you do not agree to the terms of this EULA do not install or use the Software.
1. The Software supplied by SupportPal is licensed, not sold, under the terms of this EULA and SupportPal reserves all rights not expressly granted to you. SupportPal retains the ownership of the Software at all times.
2. Software License:
3. License Restrictions:
4. Proprietary Rights: All title and copyrights in and to the Software (including, without limitation, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Application), the accompanying media and printed materials, and any copies of the Software are owned by SupportPal unless otherwise stated.
5. Termination Rights: Without prejudice to any other rights, SupportPal may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts, and SupportPal may suspend or deactivate your use of the Software with or without notice.
6. SupportPal does not warrant that the operation of the Software will be uninterrupted or error free.
7. SupportPal is not responsible for problems resulting from improper or inadequate maintenance or configuration; software or interface routines or functions NOT developed by SupportPal; unauthorized specifications for the Software; improper site preparation or maintenance; Beta Software; encryption mechanisms or routines.
8. The user assumes the entire risk of using the Software. IN NO EVENT WILL SUPPORTPAL OR ITS SUPPLIERS BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT OR LOST SAVINGS) OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE EVEN IF A SUPPORTPAL REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. Distribution and Backups:
10. Refunds Policy: Refunds are only issued for software failure. Refunds are not issued for server failure/issues, lack of features or if your server does not meet the Software Requirements. Refunds are determined on individual circumstances and only issued once our technical staff determine that the software has a fault causing it to not run on your server. Installation or integration charges are not refundable under any circumstances. Refunds are not available after 28 days from purchase date.