StuffIt Expander 2011 for Windows x64 15.0.1

EULA - End User License Agreement

Smith Micro End User License Agreement - StuffIt Deluxe (Windows edition)
This End User License Agreement ("EULA") is between you (both the individual installing the Software and any single legal entity on behalf of which such individual is acting) ("you" or "your") and Smith Micro Software, Inc., and/or its subsidiaries ("SMSI").

BY DOWNLOADING OR INSTALLING THE SOFTWARE, YOU ARE ACCEPTING THE SOFTWARE AND AGREEING TO BE BOUND BY THIS EULA. PLEASE READ THIS EULA CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE (OR ANY PORTION THEREOF). IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, OR DO NOT HAVE AUTHORITY TO BIND THE LEGAL ENTITY ON BEHALF OF WHICH YOU ARE ACTING, THEN DO NOT INSTALL AND/OR USE THE SOFTWARE AND RETURN THE SOFTWARE TO THE PLACE OF PURCHASE FOR A REFUND, SUBJECT TO ITS REFUND POLICIES.

GENERALLY
The software accompanying this EULA, whether delivered on disk, on CD, via electronic download, or on any other physical or electronic media (collectively the "Software") are licensed, not sold, to you. You own the media on which the Software is recorded but SMSI and/or its licensor(s) retain title to the Software. The Software and any copies which this EULA authorizes you to make are subject to this EULA. The terms of this EULA will also apply to any updates. Any user guides for installation and use of the Software that the SMSI makes generally available ("Documentation") are protected by copyright (and other intellectual party laws and international treaties) and licensed, not sold, to you. All right, title, and interest in and to the intellectual property rights in the Software and Documentation (and any derivative works of either) not expressly granted to you by this EULA remain with the SMSI. Except as expressly stated herein, this EULA does not grant you any intellectual property rights in the Software by implication, estoppels or any other legal theory, and all rights not expressly granted in this EULA are reserved by SMSI and its assigns, licensors and suppliers.

LICENSE AND RESTRICTIONS
Subject to your compliance with the terms and conditions of this EULA, this EULA allows you to install and execute the Software on a single computer or digital device at a time, unless you have multiple licenses for the Software, then at any time you may concurrently execute on separate computers or devices as many instances of the Software as you have licenses. The Software may only be used for your own internal business operations, for production operation or, on a temporary basis, on a backup system if such computer or devices, as applicable, is inoperative, consistent with the limitations specified in this EULA. Additionally, you may make one (1) copy of the Software in machine-readable form may be created for backup purposes only. Each copy must include all trademarks, patents and copyright notices/information contained on or in the original. Except as permitted by applicable law and this EULA, you may not decompile, reverse engineer, disassemble, copy, modify, rent, lease, loan, distribute, create derivative works from the Software (or Documentation) or transmit the Software over a network. You may, however, transfer your rights under this EULA provided you transfer the related Documentation, this EULA and a copy of the Software to a party who agrees to accept the terms of this EULA and provided you destroy all copies of the Software (or portions thereof) remaining in your possession. In addition, you may transfer your rights under this EULA solely in accordance with any written instructions that the SMSI provides in connection with the Software.

If you have obtained any Software on a free, discounted or trial basis, your use may be terminated, restricted or limited to certain features or components of the Software in the event that you do not pay for a registration or serial number as set forth in written instructions that the SMSI provides with such Software. In addition, the SMSI may terminate or revoke your license to use such Software at any time if you do not obtain an authentic registration or serial number in accordance with such instructions.

You agree to use the Software and Documentation only for lawful purposes. Any use of the Software or Documentation other than as granted in this EULA must be approved by the SMSI's prior written consent. The SMSI maintains an ongoing EULA enforcement program. Violation of any provision in this EULA automatically terminates this EULA. The SMSI reserves all other rights that it may have for violation of this EULA.

THIRD PARTY ACKNOWLEDGEMENTS; OPEN SOURCE LICENSES
Portions of the Software include third party software and other copyrighted material (collectively, TPS). Acknowledgements, licensing terms, restrictions and disclaimers of such TPS are contained in the Acknowledgements dialog of the Software and your use of such TPS is governed by such respective terms. Any terms of this EULA that differs from the terms of any TPS are offered by SMSI alone, and not by any other licensor.

Certain Open Source Software (OSS) included with the Software is subject to the GNU Lesser General Public License (LGPL) and is licensed under such specific license terms. The LGPL license terms are made available by SMSI in the Acknowledgements dialog of the Software. By using the Software, you agree to be bound by the terms of the LGPL. Any terms of this License that differs from the terms of the LGPL are offered to you by SMSI alone, and not by any other licensor. Where a specific OSS license entitles you to the source code of such OSS, that source code is made available for download at http://www.smithmicro.com/opensource from SMSI for at least three (3) years from the date of initial use of the Software.

SOFTWARE UPDATES
SMSI has no obligation to provide support, maintenance, updates, upgrades, modifications, or new releases under this EULA. If SMSI chooses to make updates to the Software available to you, such updates shall be deemed included within the Software subject to this EULA.

THIRD PARTY SERVICES
This Software may be used with a third party or SMSI service offering and this EULA does not apply to any SMSI or third party service offering(s). You acknowledge and agree that nothing in this EULA guarantees availability or continued availability of a SMSI's or third party's service of which this Software's use or operation may require. Any SMSI or third party services provided with the Software, if applicable, may be subject to terms and conditions from SMSI or the provider of the service. SMSI makes no representations as to the quality, suitability, functionality, or legality of any SMSI or third party services, and you hereby waive any claim you might have against SMSI regarding any third party services. You agree that SMSI is not responsible or liable for any loss or damage of any sort incurred as the result of any such SMSI or third party services. Any terms, conditions, warranties, or representations associated with any third party services are solely between you and such third party.

TERMINATION
This EULA remains in full force and effect until terminated. Your rights under this EULA will terminate automatically without notice if you fail to comply with any term(s) of this EULA. You may terminate this EULA at any time by returning or destroying the Software and its Documentation, together with all copies, in any form. SMSI is in no way obliged to issue refunds. Upon termination of this EULA, you will cease all use of the Software and return to SMSI or destroy the Software and all Documentation in your possession, and, upon SMSI request, so certify to SMSI in writing your compliance with this provision. Termination of this EULA for any reason in no way limits SMSI's right to continue enforcing all rights provided by law and does not entitle you to a refund of your license fee, except as provided herein. Except for the license granted herein (which shall terminate) and except as expressly provided otherwise herein, the terms of this EULA will survive termination.

CONFIDENTIAL DISCLOSURE
This Software contains trade secrets and proprietary know-how belonging to the SMSI (and its licensors) and it is being made available to you in strict confidence. Any use or disclosure of this Software, or its algorithms, protocols, or interfaces, other than in strict accordance with this EULA, is prohibited and may be actionable as a violation of SMSI's proprietary and/or trade secret rights.

DISCLAIMER OF WARRANTY ON SOFTWARE
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND THE SMSI, ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SMSI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, THE SMSI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE SMSI OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT THE SMSI OR ANY AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMER OF IMPLIED WARRANTIES ABOVE MAY NOT APPLY TO YOU, IN WHICH CASE THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO SIXTY (60) DAYS FROM THE DATE YOU FIRST INSTALLED THE SOFTWARE ON YOUR COMPUTER; PROVIDED, HOWEVER, THAT YOUR SOLE AND EXCLUSIVE REMEDY, AND SMSI'S SOLE OBLIGATION SHALL IN ANY CASE BE THAT SMSI WILL, AT ITS OPTION, REPAIR OR REPLACE YOUR COPY OF THE SOFTWARE, OR TERMINATE THIS EULA AND REFUND AMOUNTS ALREADY PAID THEREFOR BY YOU.

LIMITATION OF LIABILITY
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, TO THE EXTENT PERMITTED BY LAW, SMSI, ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY CHARACTER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR COMPUTER MALFUNCTION, LOSS OF INFORMATION, LOST PROFITS AND BUSINESS INTERRUPTION, AND THE COST TO OBTAIN SUBSTITUTE SOFTWARE, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF (OR INABILITY TO USE) THE SOFTWARE HOWEVER CAUSED AND WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SMSI, ITS SUPPLIERS, DISTRIBUTORS OR LICENSORS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE SMSI'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU HEREUNDER.

EXPORT LAW ASSURANCES
Export, re-export of this Software is governed by the laws and regulations of the United States and import laws and regulations of certain other countries. You will comply with all such laws and regulations. Export or re-export of Software to any entity on the Denied Parties List and other lists promulgated by various agencies of the United States Federal Government is strictly prohibited.

U. S. GOVERNMENT END USERS
The Software is provided with RESTRICTED RIGHTS. Any use, modification, reproduction, release, performance, display or disclosure by the U.S. Government or any of its agencies shall be governed solely by the terms of this EULA and shall be prohibited except to the extent expressly permitted by the terms of this EULA. The Software and Documentation are deemed to be commercial computer software and commercial computer software documentation, respectively, pursuant to DFAR Section 227.7202 and FAR 12.212(b), as applicable. Any technical data provided that is not covered by the above provisions is deemed to be technical data-commercial items pursuant to DFAR Section 227.7015(a). Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall be governed by the terms of DFAR Section 227.7015(b). Manufacturer is Smith Micro Software, Inc., 51 Columbia, Aliso Viejo, California 92656 USA.

CONTROLLING LAW AND SEVERABILITY
This EULA shall be governed by the laws of the United States and the State of California, except for its conflicts of laws principles. This EULA will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. You agree to submit to the exclusive jurisdiction and venue of the state and/or federal courts of Orange County, California with respect to any suit arising out of or relating to this EULA. If for any reason neither the state nor federal courts of Orange County, California exercise jurisdiction over you or such suit, jurisdiction for such suit will be in any court of competent jurisdiction. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.

MISCELLANEOUS
The waiver by either party of any default or breach of this EULA will not constitute a waiver of any other or subsequent default or breach. Except as expressly provided for in this EULA, you may not assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, this EULA or any rights or obligations under this EULA. Any purported assignment, transfer or delegation by you except as expressly provided for in this EULA will be null and void. This EULA constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by a duly authorized representative of each party.

COPYRIGHT, PATENT TRADEMARK NOTICE
Smith Micro Software logo, StuffIt, StuffIt Deluxe, StuffIt Archive Manager, DropStuff, MagicMenu, StuffIt SmartSend, Duplicate Folding, SendStuffNow, StuffIt Contextual Menu, StuffIt Destinations, and StuffIt Expander, the StuffIt Logo, StuffIt X and other SMSI designated logos, marks, names and trade names are trademarks or registered trademarks of Smith Micro Software, Inc. One or more patents cover the features and services associated with this Software including without limitation: US Patent Nos. 7,184,603, 7,397,959, and 7,502,514; and all continuation patent, continuation-in part patents, and divisional patents and corresponding foreign counterparts. Copyright (c) 2002 - 2010 Smith Micro Software, Inc. All Rights Reserved. All other brand and product names and logos are the trademarks or registered trademarks of their respective owners. This EULA does not authorize you to use SMSI's or its licensors' names, logos or other respective trademarks.

CONTACT INFORMATION
If you have questions concerning this EULA or need to contact Customer Service, please refer to http://my.smithmicro.com or contact SMSI at: Smith Micro Software, Inc., 51 Columbia, Aliso Viejo, CA 92656.

Version 20101201