These license terms are an agreement between Tweaking Technologies ("Tweaking") and you. Please read them. These terms apply to the Photo Organizer software, including the media on which you received it, if any. These terms also apply to any updates, supplements, and support services for Photo Organizer, unless other terms accompany those items. If so, those terms apply.
By selecting "I accept the agreement" or using Photo Organizer, you accept these terms. If you do not accept them, do not select "I accept the agreement" and/or do not use Photo Organizer.
Photo Organizer is licensed on a per computer basis. If you comply with this agreement, for each license you acquire, you may install and use one copy of Photo Organizer. You may not share a license you acquire nor may you install Photo Organizer on more computers for which you have purchased licenses.
The license of Photo Organizer has a validity of 1 year. The licensed full retail version of Photo Organizer will contain full functionality and you will be provided support services in the English language and upgrades for the period which you purchased Photo Organizer (the "Term").
After 1 year (the "Term"), the license key of the program will stop working and the program will convert to the trial version. You will have to purchase another license key to continue using the full retail version of Photo Organizer.
If Photo Organizer is an evaluation or trial version, it may contain limited functionality and/or cease operating after the designated trial period. This license will terminate after such period unless extended by Tweaking upon your acquisition of a full retail version of Photo Organizer. If Photo Organizer is an evaluation or trial version, you agree that Tweaking may periodically offer you, through in-product or stand-alone reminders or email (if you provide it to us), the opportunity to upgrade to the full retail version.
Tweaking specifically disclaims any representation or warranty for the amount of performance increase or utility provided by Photo Organizer. Photo Organizer will not necessarily increase performance or provide a utility benefit on your computer, and Tweaking makes no claim of specific deficiency, defect, or underperformance with respect to your computer. Any claims of performance increases or utility made for Photo Organizer are those of possible or potential improvement or utility, and no representation or warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different and the scenarios under which they are used are different, and no claim is made that any one computer or usage scenario shall result in any performance increase or utility benefit from Photo Organizer.
If you give feedback about Photo Organizer to Tweaking Technologies, you give to Tweaking, without charge, the right to use that feedback for any purpose. You will not give feedback that is subject to a license that requires Tweaking to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
Photo Organizer is licensed, not sold. Photo Organizer is protected by copyright, patent and other intellectual property laws and treaties. This agreement only gives you some rights to use Photo Organizer. Tweaking reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use Photo Organizer only as expressly permitted in this agreement. In doing so, you must comply with technical limitations in Photo Organizer that only allow you to use it in certain ways. You may not:
Tweaking may provide you with support services related to Photo Organizer. Additional terms may govern support services. Any supplemental software code provided to you as part of the support services or otherwise will be considered part of Photo Organizer and subject to this agreement. Tweaking is responsible for order fulfillment only and will provide customer support during its normal business hours. Tweaking has contracted or may in the future contract with third parties to provide technical support for Photo Organizer.
Photo Organizer and its accompanying documentation are deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, "Rights in Commercial Computer Software or Commercial Computer Software Documentation", as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of Photo Organizer by the U.S. Government shall be solely in accordance with the terms of this agreement.
Photo Organizer is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to Photo Organizer. These laws include restrictions on destinations, end users and end use. You agree not to export Photo Organizer to any prohibited country, entity, or person for which an export license or other governmental approval is required. Obtaining necessary licenses and approvals is solely your obligation.
PHOTO ORGANIZER IS LICENSED "AS-IS" AND DEFECTS MAY CAUSE IT TO NOT FUNCTION PROPERLY. ALTHOUGH NOT INTENDED, AS WITH ALL COMPUTER SOFTWARE, IT IS POSSIBLE A DEFECT COULD CAUSE YOUR COMPUTER TO FUNCTION IMPROPERLY. YOU BEAR THE RISK OF USING PHOTO ORGANIZER. TWEAKING GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, TWEAKING EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PHOTO ORGANIZER IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS, OR ANY OTHER USE WHERE A SOFTWARE MALFUNCTION COULD CAUSE PROPERTY DAMAGE OR PERSONAL INJURY, AND TWEAKING SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
Tweaking's liability under this agreement is limited. You can recover from Tweaking and its third-party suppliers only direct damages up to the greater of the amount that you paid for Photo Organizer OR U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to anything related to Photo Organizer, and any services, content (including code) on third party Internet sites, or third party programs, and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Tweaking knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages.
This agreement describes certain legal rights between you and Tweaking. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired Photo Organizer. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
Indian law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. Jurisdiction over and venue of any suit arising out of or related to this agreement will be in the state courts located in Jaipur, Rajasthan, India.
(a) LIMITATION OF IMPLIED WARRANTY OR CONDITION If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY (30) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
(b) APPLICATION TO ENTIRE PROMOTION, DOWNLOAD AND PURCHASE PROCESS. By accepting this EULA and continuing with your purchase you agree that the limitations of warranty and liability provided in this EULA shall be held to cover the entire purchase, download and checkout process from first sponsored advertising impression through the acceptance of this EULA. The purchase process shall be defined to include, without limitation, any commercial efforts by TWEAKING or its agents to market and promote this product to you as well as the checkout process intended to secure the sale, including the encryption and transmission of your data electronically to TWEAKING's or its agents' credit card transaction systems. If you do not agree with the application of these limitations to the entire promotion and purchase process, do not continue the checkout process.
(c) LIMITATION OF CLAIM PERIOD. Any claim of defect or failure, regardless of applicable express or implied warranty, must be made to TWEAKING in writing at Tweaking Technologies, 572 & 573, G-1, Tower B-1 Evolve, IT/ITeS Mahindra World City, Village Kalwara, Taluka Sanganer, Jaipur- 302037, INDIA within thirty (30) days of purchase. You agree that a failure to notify TWEAKING of any such claim within this thirty (30) day claim period completely releases TWEAKING of any responsibility, warranty or liability associated with the SOFTWARE PRODUCT regardless of whether this warranty is created by your state/jurisdiction and federal or state/provincial law.
(d) EVALUATION VERSION. For evaluation or limited functionality versions of the SOFTWARE PRODUCT ("TRIALS"), which shall be considered to be any copy of the SOFTWARE PRODUCT where no purchase price is paid prior to obtaining the software, you agree that your sole recourse to TWEAKING and to the party from which you obtained the free version for any defect or failure in the SOFTWARE PRODUCT is to remove the SOFTWARE PRODUCT from your computer at your own expense.
(e) CUSTOMER REMEDIES. TWEAKING's and its suppliers' entire liability and your exclusive remedy shall be, at TWEAKING's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet TWEAKING's Limited Warranty and which is returned to TWEAKING with a copy of your receipt (or sufficient identifying information to be able to retrieve your purchase information in lieu thereof, at TWEAKING's sole discretion). This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by TWEAKING are available without proof of purchase from an authorized international source.
(f) LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall TWEAKING or its agents, officers or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the advertising of the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if TWEAKING has been advised of the possibility of such damages. In any case, TWEAKING's entire liability under any provision of this EULA or any responsibility or liability created by the laws of your state/jurisdiction shall be limited to the amount actually paid by you for the SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
(g) NOT FOR MISSION CRITICAL USE. You warrant that you understand and agree that the software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems, or any environment where a software or computer defect or failure could result in injury to persons or physical damage. TWEAKING specifically disclaims any express or implied warranty of fitness for such purposes.
(h) BACKUP RESPONSIBILITY. The SOFTWARE PRODUCT is a system utility, and as such can make irreversible changes to the state of computer on which it is run and that TWEAKING cannot accurately predict or ensure the outcome in all possible scenarios, and therefore purchaser agrees to make and test a complete system backup and backup of all personal information before operating the SOFTWARE PRODUCT. You agree that you accept all responsibility for reversing or correcting any changes made by the SOFTWARE PRODUCT.
(i) NO PERFORMANCE WARRANTY. TWEAKING specifically disclaims any warranty for the amount of performance increase or utility provided by the SOFTWARE PRODUCT. By purchasing this software and accepting this EULA you specifically agree that you understand that no representation or warranty is made by TWEAKING that the SOFTWARE PRODUCT will necessarily increase performance or provide a utility benefit on your computer, and that no claim of specific deficiency, defect, or underperformance has been made with respect to your computer. Any claims of performance increases or utility made for the software are those of possible or potential improvement or utility, and no warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different and the scenarios under which they are used are different, and no claim is made that any one computer or usage scenario shall see a performance increase or utility benefit from the SOFTWARE PRODUCT. Your sole remedy for any dissatisfaction with the presence of or the degree or amount of performance improvement or utility shall be limited to the customer remedies described above.
(j) NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, TWEAKING and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING, OR LICENSE AGREEMENTS THAT MAY ACCOMPANY THE PRODUCT ITSELF. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TWEAKING AND ITS AGENTS, OFFICERS, AND SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, OF FAILURE TO PREVENT VIRUSES OR TROJANS, OF FAILURE TO PREVENT UNAUTHORIZED ACCESS OR USE ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, HERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.
This agreement and any amendments to it, and the terms for supplements, updates, and support services are the entire agreement for Photo Organizer and the support services. This agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (b) such provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) such invalidity or unenforceability will not affect any other provision of this agreement.