Skyhound Legal

SKYHOUND LEGAL NOTICE, TERMS OF USE, AND END-USER LICENSE AGREEMENT

1. DEFINITIONS
"SKYHOUND," "WE," or "US" means Skyhound, LLC. "SITE" means this web domain and any sub-domains. "SOFTWARE" means SkyTools® and related utilities, updates, and documentation. "SERVICES" means access to downloads, license activation, the Skyhound Forums, support channels, and any other online function we choose to provide. "INFORMATION" means all data, text, images, code, or other material made available via the SITE or SERVICES.

2. SCOPE OF SERVICES
2.1 SERVICES are provided AS IS, AS AVAILABLE, and may be modified, suspended, or discontinued at any time without notice or liability.
2.2 Forum access is a privilege, not a right. We may monitor, moderate, edit, or remove posts and may suspend or terminate any account for any reason, including inactivity.
2.3 We do not guarantee uninterrupted operation, error-free performance, or accuracy, completeness, or timeliness of any INFORMATION.

3. ACCOUNT REGISTRATION AND SECURITY
3.1 Users must provide accurate, current, and complete registration data and keep it updated.
3.2 You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. Notify us immediately of any unauthorized use.

4. USER CONTENT AND COMMUNITY RULES
4.1 You retain copyright in your own posts but grant Skyhound a worldwide, royalty-free license to store, display, and reproduce them in the forums.
4.2 You will not upload or transmit unlawful, defamatory, obscene, or infringing content. We may remove or block any content at our sole discretion.

5. PRIVACY NOTICE
5.1 We collect only the personal data necessary to process orders, activate licenses, and deliver support.
5.2 We share personal data only with payment processors and as required by law.
5.3 The SITE does not set advertising or behavioral-tracking cookies. Functional session cookies may be used for login security.

6. DISCLAIMER OF WARRANTIES
THE INFORMATION, SERVICES, AND SOFTWARE ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." SKYHOUND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU DOWNLOAD OR USE THE SOFTWARE AND SERVICES AT YOUR OWN RISK.

7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKYHOUND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. SKYHOUND'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE LICENSE THAT GAVE RISE TO THE CLAIM.

8. TERMINATION
We may suspend or terminate any account, license, or SERVICES immediately and without notice if you violate these terms or applicable law. Upon termination, all rights granted to you cease.

9. EXPORT & COMPLIANCE
You will comply with all applicable export-control and sanctions laws and will not export, re-export, or transfer the SOFTWARE to any prohibited destination.

10. GOVERNING LAW AND VENUE
This Agreement is governed by the laws of the State of New Mexico, U.S.A., without regard to conflict-of-law rules. Exclusive venue lies in the state and federal courts sitting in New Mexico. You consent to personal jurisdiction there.

11. AMENDMENTS
Skyhound may revise these terms at any time by posting the updated version on the SITE. Continued use of the SITE, SERVICES, or SOFTWARE after such posting constitutes acceptance of the revision.

12. ENTIRE AGREEMENT; SEVERABILITY
These Terms, together with the End-User License Agreement below and any expressly referenced policies, constitute the entire agreement between you and Skyhound. If any provision is held unenforceable, the remaining provisions remain in full force.

APPENDIX A – END-USER LICENSE AGREEMENT (EULA)

A1. LICENSE GRANT
Skyhound grants you a non-exclusive, non-transferable (except as provided in Section A3), revocable license to install and use the SOFTWARE on one or more computers, provided the SOFTWARE is never in use by more than one individual at more than one location at any given time. For software that does not offer a demo version only: new, non-discounted licenses purchased directly from Skyhound may be refunded in full if you contact us within fourteen (14) calendar days of receiving your license credentials. Eligibility is subject to transaction verification. Licenses obtained at a discount or through third-party vendors are not refundable through Skyhound. Upon refund, your license will be disabled and you must cease all use of the SOFTWARE.

A2. PROHIBITED USES
You may not:
(a) copy, modify, or create derivative works of the SOFTWARE except for one archival backup copy;
(b) reverse-engineer, decompile, or disassemble the SOFTWARE except where such restriction is prohibited by law;
(c) rent, lease, lend, or sublicense the SOFTWARE.

A3. TRANSFER
You may permanently transfer all your rights in the SOFTWARE to another individual provided you transfer (i) this Agreement, (ii) the original SOFTWARE, including all copies, updates, and prior versions, and (iii) all documentation; and you retain no copies in any form. The recipient accepts the terms herein upon first use.

A4. LIMITED WARRANTY (DOWNLOAD LICENSE)
The SOFTWARE, help system, and documentation are provided without warranty as to performance, merchantability, or fitness for a particular purpose. Skyhound's sole obligation and your exclusive remedy shall be replacement of a corrupt or incomplete download, provided you notify Skyhound within thirty (30) days of purchase. IN NO EVENT SHALL SKYHOUND'S AGGREGATE LIABILITY EXCEED THE LICENSE FEE PAID.

A5. LIMITED WARRANTY (USB MEDIA)
Skyhound warrants the original USB media to be free from defects in material and workmanship for one (1) year from purchase. Defective media will be replaced upon return. ALL OTHER WARRANTIES ARE DISCLAIMED AS IN SECTION A4 ABOVE.

A6. LIMITATION OF LIABILITY
IN NO EVENT WILL SKYHOUND BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR BUSINESS INTERRUPTION) ARISING FROM USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SKYHOUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

A7. U.S. GOVERNMENT END USERS
The SOFTWARE is "commercial computer software" under DFARS 252.227-7014 and FAR 12.212. Rights are granted to U.S. Government end users only as those rights customarily provided to the public.

A8. GENERAL
This EULA is governed by New Mexico law and forms part of the broader Terms of Use. If any provision is held invalid, the remainder shall continue in effect.