Swim Meet Toolkit
This End User License Agreement ("Agreement") is a legal agreement between you ("you" or "Licensee") and Dew Tech LLC ("we," "us," or "Licensor") for the Swim Meet Toolkit software application and its updates, documentation, and related materials (collectively, the "Software"). By installing, activating, or using the Software, you agree to this Agreement. If you do not agree, do not install, activate, or use the Software.
Subject to your compliance with this Agreement and, where applicable, payment of the license fee, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Software on Mac computers that you own or control, for the purpose of managing swimming competitions, in accordance with the scope of the license you purchased.
The Software is licensed, not sold. We and our licensors retain all right, title, and interest in and to the Software, including all intellectual property rights. You receive only the rights expressly granted in this Agreement.
Purchases of the Software are sold and processed by Paddle (Paddle.com Market Ltd) acting as our authorized reseller and Merchant of Record. Your purchase is also subject to Paddle's buyer terms and privacy policy. After purchase you receive a license key, which you enter in the Software to activate it. The Software verifies your license key on your device.
Your license key is personal to you. You agree not to share, publish, resell, or sublicense your license key, and not to use a key you are not authorized to use. We may issue keys that are valid for a defined number of installations or seats as described at the point of sale.
Refunds, where offered, are handled through Paddle in accordance with Paddle's policies and any refund terms we publish at SwimMeetToolkit.com. If a refund or chargeback is issued for your purchase, the associated license may be deactivated.
The Software can check whether a newer version is available by contacting an update location over a secure (HTTPS) connection, and can download and install updates. Updates are provided under this Agreement unless accompanied by separate terms. You can decline to install an update, but outdated versions may not work correctly or may lack fixes. See the Privacy Policy for what the update check sends.
You agree not to, and not to permit anyone else to:
The Software incorporates third-party open-source components that remain subject to their own licenses (for example, the Citadel SSH library used for secure file transfer). Those licenses are acknowledged within the Software and/or its documentation, and nothing in this Agreement limits your rights under them. Product names and trademarks referenced by the Software belong to their respective owners and are used only to describe interoperability; their use does not imply affiliation or endorsement.
The Software runs on your computer and stores your meet data locally. You are responsible for the data you enter, import, publish, or transmit using the Software, for backing it up, and for securing your computer and any destination you publish to. If you use the Software to publish results, start lists, psych sheets, or heat sheets to a web host, cloud-storage bucket, or local folder, or to share data over a local network, you are responsible for choosing what to include and where it goes.
If you use the Software to process personal data about athletes, officials, or others — which may include data about minors and Para/disability classification data — you are the party responsible (the "controller") for that data. You represent that you have a lawful basis to collect and use it, that you provide any required notices and obtain any required consents, and that you will comply with all applicable privacy and data-protection laws. We do not receive that data through the Software; see the Privacy Policy.
The Software is provided "as is" without warranty of any kind. The full warranty disclaimer set out in the Swim Meet Toolkit "Warranty Disclaimer & Limitation of Liability" is incorporated into this Agreement by reference and applies in full, including the important point that the Software does not replace official timing or officials and that you must verify results before relying on them.
Our liability under or relating to this Agreement and the Software is limited as set out in the "Limitation of Liability" section of the Warranty Disclaimer & Limitation of Liability, which is incorporated here by reference.
This Agreement is effective until terminated. It terminates automatically if you breach it. We may also terminate or suspend your license if a refund or chargeback is issued for your purchase, or if you misuse the Software. On termination you must stop using the Software and remove it from your computers. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and governing law) survive.
You agree to comply with applicable export-control and sanctions laws. The Software is "commercial computer software"; any use by or for the U.S. Government is subject to the restrictions in this Agreement.
This Agreement is governed by the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict-of-laws rules, except where mandatory consumer-protection laws of your place of residence apply. The state and federal courts located in Massachusetts will have jurisdiction over disputes, without limiting any non-waivable right you may have to bring proceedings in your home jurisdiction.
This Agreement, together with the incorporated disclaimer and the Privacy Policy, is the entire agreement between you and us regarding the Software and supersedes prior understandings. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign this Agreement; we may assign it in connection with a merger, acquisition, or sale of assets.