EULA - swift-stat.com

Swift Stat End-user License Agreement (EULA)

The End-user License Agreement is a binding legal agreement between the licensee (an individual or legal entity) and Swift Stat. By clicking accept, the licensee agrees to be bound by all the terms of the agreement. Any individual accepting the EULA on behalf of a legal entity, warrants that he or she has the authority to bind the legal entity.

Definitions

Agreement: This End-user License Agreement (EULA), including any amendments or updates, which sets forth the terms and conditions under which the licensee is granted a license to use the Software provided by Swift Stat.

Licensee: The individual or legal entity that has been granted a license to use the Software under the terms and conditions of this End-user License Agreement (EULA).

Software: The computer program(s) provided by Swift Stat, including any associated media, documentation, updates, and related materials, that are licensed to the licensee under the terms of this End-user License Agreement.

1. Grant of License

Subject to the terms and conditions of this EULA, Swift Stat grants the licensee a limited, non-exclusive, non-transferable, and revocable license to use the Software solely for your internal business purposes. A single user licence is intended to be installed on a single computer and used only for the duration of the licence. The licensee agrees not to circumvent or defeat any software mechanisms that control, limit, or restrict software installation. Any unauthorized use, copying, or distribution of the software is strictly prohibited and may result in termination of this agreement and legal action. The licensee agrees to take all necessary precautions to protect the software from unauthorized access or use and to immediately notify Swift Stat of any unauthorized use or suspected breach of security.

2. Restrictions on use of Software
By using the software the licensee agrees not to:
a. Copy, modify, or create derivative works of the software;

b. Distribute, sell, lease, lend or transfer the software to any third party;
c. Reverse engineer, decompile, or disassemble the software;
d. Use the software in any manner that infringes or violates the intellectual property rights of Swift Stat or any third party.

e. Use any unauthorized third-party tools or software to manipulate or interact with the software in any way not expressly permitted by Swift Stat.

f. Provide access to the software over the internet.

2. Intellectual Property

The software, including all associated content, as well as any documentation provided, is the exclusive property of Swift Stat and is protected by intellectual property laws and international treaties. The licensee acknowledges that no ownership rights in the software are transferred to the licensee under this EULA. The licensee acknowledges that all trademarks and trade names associated with the software are the sole property of Swift Stat. The licensee is not granted rights to use any such trademarks without the prior written consent of Swift Stat. In the event the licensee provides feedback, suggestions, or ideas regarding the Software, the licensee agrees that such contributions shall be considered non-confidential and shall become the sole property of Swift Stat. Swift Stat shall have the right to use, disclose, or exploit such contributions without any obligation to compensate the licensee. The licensee acknowledges that the software may include or utilize third-party software, libraries, or components that are subject to their own licensing terms. The licensee agrees to comply with all applicable third-party license agreements and acknowledges that any use of such third-party intellectual property is solely at the licensee’s risk.

3. No Liability for Consequential damages

Like all software, it is impossible to guarantee the complete absence of bugs. The software should therefore not be relied upon as the sole source of data analysis in cases where an error could result in injury to person or property or to significant loss of profit. To the fullest extent allowed by applicable law, Swift Stat, along with its officers, directors, employees, and distributors, shall not be liable for any incidental, indirect, special or consequential damages of any kind, including but not limited to damages resulting from lost profits, business interruptions, or the loss or corruption of data or business information, arising from the use or inability to use the software even if Swift Stat was informed about the possibility of such damages in advance. The total liability, (whether in contract, warranty, tort, including negligence, or otherwise), shall not exceed the amount of the license fees paid in the last 12 months for the software related to the claim. Nothing in this Agreement shall limit or exclude any liability that cannot be excluded or limited by applicable law.

4. Disclaimer of Warranties

The software is provided "as-is", without any warranties of any kind, either express or implied. Swift Stat disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for purpose, quality or accuracy. Swift Stat does not warrant that the Software will meet the licensee’s requirements, operate uninterrupted, or be error-free. The licensee acknowledges that any use of the Software is at your own risk, and the licensee is solely responsible for any damage or loss of data that results from use of the Software. No advice or information, whether oral or written, obtained from Swift Stat or through the software shall create any warranty not expressly stated in this agreement.

5. Indemnification

The licensee agrees to indemnify, defend, and hold harmless Swift Stat, its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, and expenses, including reasonable attorney’s fees, arising out of or related to your use of the Software, your breach of this agreement, or your violation of any rights of another party. Swift Stat shall not be liable for any claims, losses, or damages arising from the licensee's use of third-party libraries in conjunction with the software. The licensee agrees to indemnify and hold harmless Swift Stat from any claims related to the use of such third-party libraries.

6. Governing Law and Jurisdiction

This agreement shall be governed by the laws of the State of Israel, without regard to its conflict of law principles. The licensee agrees that any disputes arising out of or related to this agreement shall be resolved exclusively in the courts located in Israel. The licensee hereby consents to the personal jurisdiction of such courts and waives any objections to the exercise of jurisdiction over the licensee by such courts. Nothing in this agreement shall be construed to override or contravene any applicable law, regulation, or ordinance. If any provision of this agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of this agreement shall remain in full force and effect.

7. Article 6 Compliance

FOR EUROPEAN UNION LICENSEES ONLY: Notwithstanding any other provision of this agreement, any contractual terms that conflict with the rights granted to licensees under Article 6 of Appendix V of the European Union Software Directive shall be deemed null and void. Licensees in the European Union are permitted to decompile, disassemble, or reverse-engineer the software to the extent necessary to achieve interoperability with other programs, provided that such actions are conducted solely for the purpose of creating an independent program that is interoperable with the software. Any information obtained from such activities may only be used for the aforementioned purposes and may not be disclosed to any third parties or used for any other purpose.

8. Privacy policy

The Software does not collect, transmit, or store any data via the internet, nor does it transmit any data to Swift Stat or its affiliates. The only circumstance in which data is stored externally is if the user expressly elects to save data to a cloud-linked folder. The licensee understands that files associated with Swift Stat are not encrypted or password-protected. The Licensee bears full responsibility for implementing adequate security measures to safeguard their sensitive data whether stored locally or remotely.

9. System Requirements

It is the licensee’s responsibility to ensure their computer hardware meets the minimum system requirements defined by Swift Stat.

10. Termination

Failure to comply with any of the terms herein, will result in termination of the agreement by Swift Stat without refund. The licensee may terminate this agreement at any time by providing written notice to Swift Stat. The licensee agrees to destroy and delete all licences upon termination of the agreement.

11. Graphical User Interface

The Swift-Stat graphical user interface (GUI) is built using PyQt, a Python binding for the Qt library. The Qt library was developed by The Qt Company. We utilize the Qt library under the terms of the GNU Lesser General Public License version 3 (LGPLv3), available at www.doc.qt.io/qt-6/lgpl.html. Nothing in this End User License Agreement (EULA) restricts or overrides your rights under the LGPLv3 license with respect to the Qt library. In accordance with the requirements of the LGPLv3, Swift-Stat dynamically links to the Qt library, which is included in the _internal directory of the Swift-Stat distribution package. You are free to re-link Swift-Stat against a different or modified version of the Qt library. To do so, simply substitute the files in the _internal folder with your own version of the Qt library. If you need assistance with this, please contact us at support@swift-stat.com. The Qt source code can be downloaded from www.qt.io/download-dev. Swift-Stat has not made any modification to the Qt library.

12. Other 3rd Party Libraries

Swift-Stat utilizes open-source Python libraries licensed under the MIT, BSD, or GPL licenses. These third-party libraries, listed below, are provided “as is” without any warranties or guarantees of any kind by their copyright holder. The licence texts are available from the third-party licences folder of the Swift-Stat distribution package.

Python Standard Library modules, copyright 2001–present, Python Software Foundation.