Legal

License Agreement

ENGLISH

Stackswell
Stackswell Software License Agreement

Please read this software license agreement carefully before using the software. By using the software, you are agreeing to be bound by the terms of this license.

1. License Grant

This Agreement constitutes a legally binding agreement between you (either an individual or a single entity) ("Customer") and "Stackswell", for the Software and any and all associated media, printed materials, and "online" or electronic documentation (collectively, the "Product").

Purchase of a single user license permits a single user to install and use Stackswell on one (1) machine. Use by a single or multiple users on multiple machines, and any combination thereof, requires a purchase of multiple individual licenses.

2. Ownership

Stackswell retains all rights, title and interest in and to the Product, including all intellectual property rights therein.

3. Other Restrictions

Customer may not use, copy or distribute the Product without Stackswell' authorization.

a) Customer shall not modify, copy or adapt the Product; merge the Product into another program; reverse engineer, disassemble, decompile, or otherwise attempt to derive source code from the Product (except if allowed by mandatory applicable law); or place the Product onto a server, or combine the Product with any software or hardware, so that it becomes accessible (directly or indirectly) by means of a public (such as the Internet) or a private network;

b) Customer shall not under any circumstances, remove or alter copyright notices, registration numbers, or other features serving to identify the Product.

c) Customer shall not hire out the Product (or any part thereof) to any third party for commercial purposes or for service bureau use.

d) Customer shall not sub-license, rent, lease, loan, or otherwise transfer any portion of the Product to any third party, in any way.

Any use of the Product (or any part thereof) in violation of this Agreement shall entitle Stackswell to all rights and remedies available to it at law or in equity, including (without limitation) monetary damages and equitable relief.

4. No Warranty

The Software is being delivered to you "AS IS" and Stackswell makes no warranty as to its use or performance. Stackswell AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, Stackswell AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNES FOR ANY PARTICULAR PURPOSE. The provisions of Section 4 and Section 5 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.

Use of the Software requires hardware capable of running Sketch 49. By using the Software, the user acknowledges that they have hardware sufficient to run Sketch 49. Stackswell is not responsible in any way if the user’s hardware is not capable of running the Software of Sketch 49.

5. Limitation of Liability

IN NO EVENT WILL Stackswell OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A Stackswell REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. Stackswell’ AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits Stackswell' liability to you in the event of death or personal injury resulting from Stackswell' negligence or for the tort of deceit (fraud). Stackswell is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose.

6. General Provisions

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of Stackswell or an email from such an authorized officer. Updates may be licensed to you by Stackswell with additional or different terms. This is the entire agreement between Stackswell and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

We may provide notices to you via either email or regular mail. This Agreement and the relationship between you and Stackswell shall be governed by the federal laws of the United States of America, and the state laws of the State of New York. You and Stackswell agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York. The failure of Stackswell to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Product or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Further, more than one person's claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.

7. Violations

Please email: support(at)stackswell.io to report any violations of this License Agreement.

Privacy

Privacy Policy

  1. Questions; Contacting Stackswell; Reporting Violations. If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following e-mail address:

    support(at)stackswell.io

  2. Types of Data We Collect. We collect personal information from users, as described below.

    1. Information You Provide to Us.

      • If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.

      • We may also collect personal information at other points in our Service that state that personal information is being collected.

  3. Use of Your Personal Information.General Use.

    1. In general, personal information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your personal information in the following ways:

      • identify you as a user in our system;

      • provide improved administration of our Application and Services;

      • provide the Services you request;

      • improve the quality of experience when you interact with our Application and Services;

      • send you administrative e-mail notifications, such as security or support and maintenance advisories;

      • send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of Stackswell.

  4. Disclosure of Your Personal Information. We disclose your personal information as described below and as described elsewhere in this Privacy Policy.

    1. Third Party Service Providers. We may share your personal information with third party service providers to: provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to provide technical support; and/or to provide other services to Stackswell. These third party service providers are required not to use your personal information other than to provide the services requested by Stackswell.

    2. Corporate Restructuring. We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Privacy Policy.

    3. Other Disclosures. Regardless of any choices you make regarding your personal information (as described below), Stackswell may disclose personal information if it believes in good faith that such disclosure is necessary (i) in connection with any legal investigation; (ii) to comply with relevant laws or to respond to subpoenas or warrants served on Stackswell; (iii) to protect or defend the rights or property of Stackswell or users of the Application or Services; and/or (iv) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.

  5. Your Choices Regarding Your Information. You have several choices regarding use of information on our Services:

  6. Email Communications. We may periodically send you free newsletters and e-mails that directly promote the use of our Application or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you service related communications, including notices of any material updates to our Terms of Use or Privacy Policy.

  7. Security of Your Personal Information. Stackswell is committed to protecting the security of your personal information. We use a variety of industry-standard security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure.

  8. Changes to This Privacy Policy. Stackswell may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy.

This privacy policy is intended to provide a floor level of privacy protection. If the laws of any jurisdiction require a higher level of privacy protection, the laws of that such jurisdiction shall apply. In no event does Stackswell intend to abrogate or deviate below the minimum level of legally mandated privacy protection.

05.16.2018