SIW - End User License Agreement

  1. By accessing this website (including extensions thereof) you are entering into this License Agreement with Topala Software Solutions, and you agree to be bound by the terms of this License Agreement. This License Agreement includes the terms and conditions set forth herein, Topala Software Solutions' Privacy Policy (which is available at https://www.gtopala.com/tss/privacy-policy.php and incorporated herein by reference) and any other terms incorporated by reference herein. If you do not agree to the terms of this License Agreement, you must immediately stop use of this website. If you remain on this website, you agree to be bound by this License Agreement. YOU MUST BE AT LEAST 13 YEARS OLD TO USE THE SERVICES. IF YOU ARE UNDER THE AGE OF 13, USE OF THIS SITE AND THE SERVICES IS PROHIBITED.

  2. Copyright Notice. © Topala Software Solutions. All rights reserved.

  3. SIW License Types:
    • Technician's License
      If you have purchased a Technician's License, you may temporarily run this Software on your customer's computers for inventory or diagnostic purposes, but you may not leave it on customer-owned hard drives. You must purchase a Technician's License for each person in your company who will run the Software on customer's computers.

    • Home (Pro) License
      If you have purchased a Home (Pro) License, you may permanently install the Software on one (1) computer / one (1) Operating System. If you have purchased multiple licenses for the Software, at any time you may have as many copies of the Software installed as you have licenses. You are not allowed to install SIW Home (Pro) on customer's computers.

    • Freeware License
      The Freeware SIW Home Edition has been discontinued.

  4. The technology and the software underlying our sites are the property of Topala Software Solutions, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including, without limitation, for the purpose of obtaining unauthorized access to our sites.

    Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
    1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
    2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
    3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
    4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
    5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
    6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
    7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
    8. Restrict or inhibit any other user from using and enjoying any public area within our sites;
    9. Interfere with or disrupt our sites, servers, or networks;
    10. Impersonate any person or entity, including, but not limited to, a Topala Software Solutions representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    11. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
    12. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure; or
    13. Engage in any illegal activities.

    You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.

    If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.
  5. Unauthorized access to our sites is a breach of these terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by Topala Software Solutions for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

  6. Limited license to copy all documents and related graphics from this website is granted subject to the following:
    1. The materials provided herein are for personal, non-commercial use only;
    2. Any copies of documents contained on this website, or portions thereof, must include the above copyright notice,
    3. You may not copy or print more than one copy of material posted on this website. Documents published on this website may contain other proprietary notices or describe products, services, processes or technologies owned by Topala Software Solutions or third party licensors. Except as expressly set forth herein, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of Topala Software Solutions or any third party. Except as expressly granted under this Agreement, all rights are reserved by Topala Software Solutions; and
    4. You may not display this website for commercial purpose without the prior express written consent of Topala Software Solutions. You may not use Topala Software Solutions' name or trademarks without the prior express written consent of Topala Software Solutions. You may not link to this website, without Topala Software Solutions' prior consent, which consent may be withdrawn by Topala Software Solutions at any time, with notice, in Topala Software Solutions' sole discretion.
  7. THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. TOPALA SOFTWARE SOLUTIONS ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE. IN NO EVENT SHALL TOPALA SOFTWARE SOLUTIONS OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS WEBSITE, (B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE, (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (D) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER TOPALA SOFTWARE SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

  8. Any material on this website may include technical or other inaccuracies or typographical errors. THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. TOPALA SOFTWARE SOLUTIONS AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER TOPALA SOFTWARE SOLUTIONS NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (B) NEITHER TOPALA SOFTWARE SOLUTIONS NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, (4) THE INTERNET GENERALLY, OR (5) THAT BY USING THE TOPALA SOFTWARE SOLUTIONS SERVICES DATA WILL NOT BE LOST. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.

  9. Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Topala Software Solutions. Product and service information is the sole responsibility of each individual vendor. Topala Software Solutions makes no representations whatsoever concerning (a) the information or other material appearing on, or accessible through any promotional websites, (b) any products or services advertised or sold through a promotional website (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (c) the sellers of any products or services advertised or sold on or through any promotional website.

  10. Topala Software Solutions reserves the right to change any of the terms of this License Agreement (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. Changes to this Agreement will be effective upon posting. By continuing to use this website after changes are posted, you accept the changes and agree to them.

  11. You and Topala Software Solutions agree
    1. the substantive laws of the Canada, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement;
    2. CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN TORONTO, ONTARIO, CANADA, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THIS WEBSITE;
    3. except as otherwise required by law, any cause of action or claim you may have with respect to this website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred;
    4. if any portion of this License Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted;
    5. no waiver of any breach of any agreement or provision of this License Agreement, nor any failure to assert any right or privilege contained in this License Agreement, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision;
    6. this License Agreement (including all policies, notices and other terms incorporated into this License Agreement by reference) constitutes the entire agreement between you and Topala Software Solutions with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral; and
    7. this License Agreement may be revised only by Topala Software Solutions in its sole discretion, and such amendment or revision shall not require consent by you to become effective.