Sapphire Software Terms of Use

Carefully read the following end user license agreement before installing this software programs. By installing or otherwise using the software program, you agree to be bound by the terms of the license agreement. If you do not agree to the terms of this agreement or disclaimer, do not download or use this software.

End User License Agreement

This software program, including any printed, on-line, or electronic manuals, materials and documentation (the “Documentation”), and any and all copies and derivative works of the Program and Documentation are the copyrighted work of Sapphire Software Services, Inc. (“Sapphire”). All rights to the Program and the Documentation are reserved except as expressly stated herein. Any use of the Program and the Documentation is governed by the terms of this End User License Agreement ("License Agreement"). Any use, reproduction or redistribution of the Program and the Documentation not in accordance with the terms of the License Agreement is expressly prohibited.

  1. Limited Use License. Sapphire hereby grants, and you hereby accept, a limited, non-exclusive license and right to install this Program for your use on either a home, business or portable computer, as well as the right to use the Documentation in connection with that use of the Program. The Program and the Documentation are licensed, not sold. This license confers no title or ownership in the Program or the Documentation. Furthermore, this license does not permit you to make the Program available for use by third parties on other computers.
  2. Ownership. All title, ownership rights and intellectual property rights in and to the Program and the Documentation, and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Program), are owned by Sapphire. The Program and Documentation are protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. The Program may contain certain licensed materials and Sapphire’s licensors may protect their rights in the event of any violation of this Agreement. All rights are reserved.
  3. Responsibilities of End User. The following limitations apply to your license:
    1. You may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Program or the Documentation. Furthermore, you may not remove any proprietary notices or labels on the Program or the Documentation.
    2. You are entitled to use the Program for your own use, but you are not entitled to:
      1. Sell, grant a security interest in or transfer reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others without our prior written consent;
      2. Host the Program or emulate or redirect any communication protocols used by Sapphire in the Program through protocol emulation, tunneling, modifying or adding components to the Program, use of a utility program or any other techniques now known or hereafter developed; or
  4. Equitable Remedies. You hereby agree that Sapphire would be irreparably damaged if the terms of this License Agreement are not specifically enforced, and therefore agree that Sapphire is entitled to appropriate equitable remedies for any breaches of this License Agreement. That equitable relief would be in addition to such other remedies as Sapphire may otherwise have available to us under applicable laws. In the event any litigation is brought by either of us in connection with this License Agreement, the prevailing party in that litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred in the litigation.
  5. Program Transfer. You may permanently transfer all of your rights under this License Agreement to another non-commercial user if the recipient agrees to the terms of this License Agreement and you remove the Program from your computer. However if you want to transfer your rights, you must make arrangements to have the transferee review and agree to this License Agreement or the transfer is not effective. Please contact our Customer Support Department to coordinate that review and agreement.
  6. Termination. This License Agreement will remain in force until one of us terminates it. You may terminate the License Agreement at any time by destroying the Program. We may, at our discretion, terminate this License Agreement in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the Program.
  7. Export Controls. The Program may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By entering into this License Agreement, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
  8. Limited Warranty. We warrant that for a period of ninety (90) days from the date of your license of the Program, the media containing the Program will be free from defects in materials and workmanship. THIS EXPRESS WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, UNLESS THE LAW OF YOUR STATE REQUIRES THAT SPECIFIC IMPLIED WARRANTIES APPLY. If you have a warranty claim, promptly contact our customer service department at www.sapphiresoftwareservices.com. We will, at our option, (a) correct the defect, (b) provide you with a replacement program, or (c) refund your money. This is your exclusive remedy for a breach of warranty. In all other respects, the Program is being delivered on an “as is” basis and you are solely responsible for any problems with the use thereof.
  9. Limited Liability. YOU AGREE THAT SAPPHIRE AND ITS EMPLOYEES, AFFILIATES, AND AGENTS SHALL NOT BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND SUFFERED BY YOU AS A RESULT OF USE OF THE PROGRAM INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES.
  10. Forum Selection. This License Agreement shall be deemed to have been made and executed in the State of Minnesota and any dispute arising hereunder shall be resolved in accordance with the law of Minnesota. You agree that any claim asserted in any legal proceeding by one of us against the other must exclusively be commenced and maintained in a State or federal court located in the State of Minnesota, County of Hennepin. Both of us consent to the jurisdiction of Minnesota courts.
  11. Indemnification. You agree to indemnify, defend and hold us harmless from any claims brought against us a consequence of your use of the Program or any breach of this License Agreement.
  12. Miscellaneous. This License Agreement may not be supplemented, modified, or in any fashion changed unless we have both agreed, in writing, to that supplementation, modification, or other change. If any provision of this License Agreement is held by a court to be unenforceable as written, that provision can be judicially modified to make it enforceable. In any event, the remainder of this License Agreement shall remain in full force and effect. This License Agreement constitutes the entire understanding between us with respect to its subject matter and supercedes any prior oral or written agreements.