END USER LICENSE AGREEMENT
Capitalized terms appearing without definition in this EULA shall have the meanings specified in the Terms and Conditions of Use.
1. GRANT OF LICENSE.
1.1 SCETI, SC (or its licensors) grants You a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable license to install and/or use the Product (in whole or in part) and any other Product (the "License"), until such time as You or SCETI, SC terminate this EULA. Under no circumstances may you use, or allow others to use, the Product or this License for commercial purposes without first obtaining authorization to do so from SCETI, SC. Improvements, updates, workarounds and modifications may be required in order to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD TO YOU. As applicable, certain parts of the Product may be using third-party features, some of which are operated by third-party vendors and to which additional terms, conditions and/or costs may apply. Such additional terms and conditions are mandatory. For example, if the Product incorporates an application that exports data to Excel, you must comply with the Microsoft Office Service Agreement when you use the Product. Please carefully review such terms, conditions and additional costs.
1.2 You may not, directly or indirectly, (i) sell, rent, lease or license, distribute, market or commercially exploit the Product, in whole or in part, (ii) reverse engineer, decompile, disassemble, adapt, reproduce or create derivative works thereof (unless the Product incorporates a specific function to create, generate or send User Generated Content, in whole or in part; (iii) create, use or distribute "auto", "instructor", "script" or "macro" computer programs, or other "cheat" or "hack" software programs or applications of this Product; (iv) remove, modify, disable or circumvent any copyright, trademark or other data, notices or labels of authorship or origin contained in or within the Product; or (v) export or re-export this Product, or any copy or adaptation thereof, in violation of applicable laws or regulations.
1.3 While using this Product, You agree to comply with all applicable laws, rules and regulations. In all cases, you may only use the Product in accordance with the intended use of the Product.
For example, and without limiting SCETI's right to take action against You, SC may not:a. create, use, share and/or publish, in connection with the Product, any material (texts, words, images, sounds, videos, etc.) that violates the obligation of confidentiality, infringes any intellectual property right or privacy rights, or is likely to incite the commission of illegal actions (in particular, piracy, violation of security measures or circulation of counterfeit software); b. modify, distort, block, anomalously overload, interrupt, slow down and/or hinder the normal operation of all or part of the Product, or access to it by other users, or the operation of networks of product partners, or attempt any of the aforementioned acts; c. transmit or spread any virus, Trojan horse, worm, bomb, corrupt file and/or other destructive devices or similar harmful data in connection with the Product, and/or participate, organize or otherwise be involved in attacks on servers of SCETI, SC and /or the Product, or its service providers and collaborators; d. create, facilitate or use alternative methods for the use of the Product, such as server emulators; h. misuse the help desk or complaint buttons, or send false reports to SCETI, SC staff; i. falsely present yourself as an employee or representative of SCETI, SC or its partners and/or agents; j. falsely claim an endorsement in connection with the Product or SCETI, SC.
All right, ownership and intellectual property in the Product (including, without limitation, all text, graphics, music or sounds; all messages or items of information; fictional characters, names, themes, objects, settings, clothing, effects, dialogue, slogans, places, characters, diagrams, concepts, choreographies, videos, audiovisual effects, domain names and other elements that are part of the Product, individually or in combination), and any and all copies thereof, are the property of SCETI, SC or their licensors. The Product is protected by national and international copyright protection laws, treaties and conventions. This Product may contain certain licensed materials and, in such case, SCETI, SC's licensors may protect their rights in the event of a breach of this Agreement. Any reproduction or representation, by any means or reason, of these licensed materials is prohibited without the prior written permission of SCETI, SC and, if applicable, the licensors and representatives of SCETI, SC. With the exceptions explicitly provided for in this EULA, all rights not granted hereunder are expressly reserved by SCETI, SC.
This License does not grant any ownership or ownership rights in the Product, and shall not be construed as a sale of any rights in the Product.
3. LIMITED WARRANTY FOR THE PRODUCT PURCHASED IN THE FORM OF A PHYSICAL MEDIUM.
If you have purchased the Product in the form of a physical medium (CD, cartridge or DVD-ROM), this Section 5 applies to you.
SCETI, SC warrants that the hardware contained in the Product will be free from defects in materials and workmanship for a period of ninety (90) days from the date you purchased such media. In the event that the media containing the Product proves defective during the aforementioned period, SCETI, SC, in its absolute discretion and free of charge, may (a) correct any defect, (b) replace the Product, (c) replace it with a similar Product of equal or greater value (in case SCETI, SC no longer manufactures the product or is not available in stock), or (d) refund the amount paid by submitting in writing to SCETI, SC proof of purchase of the defective media. THIS SHALL BE THE SOLE AND EXCLUSIVE REMEDY GRANTED BY THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. When returning the Product for warranty replacement, please send the original disc, cartridge or DVD of the Product, as applicable, in a protected packaging, including (1) a photocopy of the dated sales receipt; (2) Your name and address, clearly written; (3) a brief note describing the defect, the problems you have experienced, and the hardware and system on which you have run the Program.
4. LIMITATION OF WARRANTY AND LIABILITY.
YOU HEREBY EXPRESSLY AGREE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SCETI, SC, ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT GRANT, AND HEREBY DISCLAIM, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR BY LEGAL IMPERATIVE, INCLUDING, BUT NOT LIMITED TO: (B) THEIR SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. SCETI, SC DOES NOT WARRANT THAT USE OF THE PRODUCT WILL BE CONTINUED OR ERROR-FREE, THAT IT WILL CORRECT ANY DEFECTS, YOU ASSUME FULL RESPONSIBILITY FOR SELECTING THE PRODUCT TO OBTAIN THE DESIRED RESULTS, AS WELL AS FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE PRODUCT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SCETI, SCETI, ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ASSOCIATED THIRD-PARTY SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO,; (C) ACCIDENTAL LOSSES; (D) INCIDENTAL LOSSES; (; AND (F) INDIRECT LOSSES. NOTWITHSTANDING THE FOREGOING LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY FOR ANY DISPUTE WITH SCETI, SC, ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS SHALL BE TO DISCONTINUE USING THE PRODUCT AND, IF APPLICABLE, TO SEEK DAMAGES FOR YOUR LOSSES. IN THE EVENT THAT THE PRODUCT HAS BEEN PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT DOES NOT CONFORM TO THE APPLICABLE LEGAL GUARANTEES, THE LIABILITY OF SCETI, SC WILL BE LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE PAID FOR THE PRODUCT. UNDER NO CIRCUMSTANCES SHALL SCETI, SC, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO SCETI, SC FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE CAUSE OF YOUR CLAIM.
NOTHING CONTAINED IN THIS SECTION 6 SHALL AFFECT SCETI, SC'S LIABILITY FOR DEATH OR BODILY INJURY ARISING FROM THE NEGLIGENCE, FRAUD, OR FRAUDULENT MISREPRESENTATION ON THE PART OF SCETI, SC, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. FOR ALL PURPOSES OF THIS SECTION 6, SCETI, SC'S LICENSORS, CHANNEL PARTNERS, AND ASSOCIATED SERVICE PROVIDERS ARE DEEMED TO BE THIRD-PARTY BENEFICIARIES OF THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN, AND MAY ENFORCE THIS EULA AGAINST THEM.
You will be solely responsible for damages caused to SCETI, SC, its licensors, channel partners, associated service providers, subcontractors and other users of the Product, as well as any other natural or legal person, as a result of your violation of this EULA.
YOU HEREBY AGREE TO PROTECT, INDEMNIFY AND DEFEND SCETI, SC, SC, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS, ASSOCIATED SERVICE PROVIDERS AND SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED DEMAND, LIABILITY, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS' FEES) DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) THE BREACH OF ANY PROVISION OF THIS EULA; OR (B) YOUR USE OR MISUSE OF THIS PRODUCT. SCETI, SC reserves the right to assume sole responsibility, at its own expense, for the defense against any claim for which You have agreed to indemnify SCETI, SC. The provisions of this Section 7 shall survive the resolution of this EULA.
This EULA will remain in effect from the date you purchased, downloaded or used the Product and until terminated in accordance with its Terms and Conditions. You and SCETI, SC (or its licensors) may terminate this EULA at any time for any reason. Termination by SCETI, SC will take effect (a) upon notice by SCETI, SC; or (b) upon closure of your SCETI, SC Account (if any); or (c) upon SCETI, SC determines to cease offering or supporting this Product. This EULA will automatically terminate if You breach any of the Terms and Conditions hereof. Upon termination, for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
7. MODIFICATIONS TO THIS EULA OR PRODUCT.
SCETI, SC reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add, supplement or remove certain provisions of this EULA for security, legal, regulatory or best practice reasons. Such changes will take effect with or without notice, as applicable. To view the most current version of this EULA, please click on the "EULA" link in the Product or sceti.mx/pages/EULA. You are responsible for periodically checking this EULA for changes. If any future changes to this EULA are unacceptable to you or cause you to cease to agree to or comply with this EULA, you may terminate them in accordance with Section 8, after which you must immediately uninstall the Product and destroy all copies thereof. Your continued use of the Product following any revision of this EULA shall constitute your complete and irrevocable acceptance of such changes.
SCETI, SC may modify the Product for any reason or without giving any reason, at any time and at its absolute discretion, in particular for technical reasons such as updates, maintenance operations and / or resets to improve and / or optimize the Product. You agree that the Product may install or download modifications automatically. You agree that SCETI, SC may stop supporting older versions of the Product when an updated version becomes available. SCETI, SC's channel partners and associated service providers shall not be obligated to provide maintenance and customer support services with respect to the Product. In addition, SCETI, SC reserves the right to modify the Rules of Conduct set forth in Section 1 in order to establish limits on the use of the Product.
8.1 Exclusion of vitiated clauses. If any provision of this EULA is found by any court or competent authority to be invalid, lawful, or unenforceable, that provision, or part thereof, shall be void to the extent necessary, and shall not affect the validity or enforceability of the remaining provisions of the EULA. If any invalid, unenforceable or unlawful provision of EULA is valid, enforceable and lawful in case of deletion of a part of it, said clause will be modified to the minimum extent necessary to make it lawful, valid and enforceable reflecting the initial intentions of SCETI, SC.
8.2 No Dispensing. The failure of SCETI, SC (or its licensors) or delay in exercising any right or remedy provided for by this EULA or by law shall not be construed as a waiver of the same (or any other) right or remedy, nor shall it prevent or restrict any future exercise of the same (or other) right or remedy. A single or partial exercise of such right or remedy shall not prevent or restrict the full future exercise of such right or remedy, or any other. The exercise of a right or remedy shall be deemed to have been waived only after the signing of a written declaration to that effect by SCETI, SC or the User.
8.3 Law and Jurisdiction. This EULA is governed by the laws of the United Mexican States and the State of Aguascalientes, without regard to conflicts of law arising under the laws of Aguascalientes. Any action arising out of or relating to SCETI, SC, or in any way connected with this EULA, or your use of the Product must be brought exclusively in the appropriate state or federal court of Aguascalientes, Aguascalientes, Mexico, and you and SCETI, SC irrevocably submit to the jurisdiction and venue of the courts of the State of Aguascalientes, (Mexico) in relation to any such dispute, including any possible complaint concerning SCETI, SC and /or their subsidiaries, and their respective employees, subcontractors, officers, directors, suppliers and content providers.
8.4 For any questions regarding this EULA you may contact SCETI, SC at the following address: