Each License Certificate you receive shall be deemed a part of this Agreement. License Certificate: means the document from Seagull Scientific that includes your Product Key Code that you receive after your order is fulfilled. Documentation does not include white papers, community forums, training videos, tutorials, Knowledge Base articles or other similar resources which may be made available for your convenience. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of your voting interests.Īuthorized Partner: means an authorized Seagull Scientific reseller, partner or OEM.Ĭontractor: means those independent third parties who perform services related to this Agreement for you, but solely to the extent they are acting on your behalf.ĭocumentation: means any supporting product help and technical specifications documentation provided by Seagull Scientific with the Software to you. IF YOU WISH TO USE THE SOFTWARE AS AN EMPLOYEE, CONTRACTOR, OR AGENT OF A CORPORATION, PARTNERSHIP OR SIMILAR ENTITY, THEN YOU MUST BE AUTHORIZED TO SIGN FOR AND BIND THE ENTITY IN ORDER TO ACCEPT THE TERMS OF THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND AUTHORITY TO DO SO.Īffiliate: means any entity that directly or indirectly controls, is controlled by, or is under common control with you.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT INSTALL THE SOFTWARE. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT. ALL ADDITIONAL TERMS ARE HEREBY INCORPORATED INTO THIS AGREEMENT BY THIS REFERENCE. YOUR CONTINUED USE OF THE LICENSED SOFTWARE FOLLOWING THE ADDITIONAL TERMS WILL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF ANY AND ALL SUCH ADDITIONAL TERMS. SUCH UPDATES, REVISIONS, SUPPLEMENTS, MODIFICATIONS, AND ADDITIONAL RULES, POLICIES, TERMS, AND CONDITIONS (COLLECTIVELY REFERRED TO IN THIS AGREEMENT AS 'ADDITIONAL TERMS') WILL BE EFFECTIVE IMMEDIATELY AND INCORPORATED INTO THIS AGREEMENT. SEAGULL SCIENTIFIC RESERVES THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO UPDATE, REVISE, SUPPLEMENT, AND OTHERWISE MODIFY THIS AGREEMENT AND TO IMPOSE NEW OR ADDITIONAL RULES, POLICIES, TERMS, OR CONDITIONS ON YOUR USE OF THE SOFTWARE. BY CHECKING THE ACCEPTANCE BOX OR INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS PUBLISHED ON SEAGULL SCIENTIFIC’S WEBSITE AT (AS MAY BE RELOCATED BY SEAGULL SCIENTIFIC FROM TIME TO TIME).

THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS BETWEEN SEAGULL SCIENTIFIC, LLC OR THE APPLICABLE SEAGULL SCIENTIFIC, LLC SUBSIDIARY (“SEAGULL SCIENTIFIC” OR “WE”, “US” OR “OUR”) AND THE CUSTOMER (INDIVIDUAL OR ENTITY) THAT HAS DOWNLOADED OR OTHERWISE PROCURED THE LICENSED SOFTWARE (AS DEFINED BELOW) FOR USE AS AN END USER (“YOU”).

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