END USER SOFTWARE LICENSE
AGREEMENT
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU
ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE ICON
LABELED "I ACCEPT" OR PUTTING A CHECK IN THE CHECK BOX INDICATING THAT YOU
HAVE READ THIS AGREEMENT AND ACCEPT IT’S TERMS. IF YOU DO NOT AGREE TO THIS
LICENSE, YOUR ORDER WILL BE CANCELED, THE SOFTWARE WILL NOT BE DOWNLOADED AND
YOU WILL NOT BE CHARGED.
License Grant
"You" means the person or company who is being licensed to use the Software or
Documentation. "We," "us" and "our" means Steve Beard.
We hereby grant you a nonexclusive license to use one copy of the Software on
any single computer, provided the Software is in use on only one computer at
any time. The Software is "in use" on a computer when it is loaded into
temporary memory (RAM) or installed into the permanent memory of a
computer-for example, a hard disk, CD-ROM or other storage device.
If the Software is permanently installed on the hard disk or other storage
device of a computer (other than a network server) and one person uses that
computer more than 80% of the time, then that person may also use the Software
on a portable or home computer.
Title
We remain the owner of all right, title and interest in the Software and
related explanatory written materials ("Documentation").
Archival or Backup Copies
You may copy the Software for back up and archival purposes, provided that the
original and each copy is kept in your possession and that your installation
and use of the Software does not exceed that allowed in the "License Grant"
section above.
Things You May Not Do
The Software and Documentation are protected by United States copyright laws
and international treaties. You must treat the Software and Documentation like
any other copyrighted material-for example, a book. You may not:
Copy the Documentation,
Copy the Software except to make archival or backup copies as provided
above,
Modify or adapt the Software or merge it into another program,
Reverse engineer, disassemble, decompile or make any attempt to discover
the source code of the Software,
Place the Software onto a server so that it is accessible via a public
network such as the Internet, or
Sublicense, rent, lease or lend any portion of the Software or
Documentation.
Transfers
You may transfer all your rights to use the Software and Documentation to
another person or legal entity provided you transfer this Agreement, the
Software and Documentation, including all copies, updates and prior versions
to such person or entity and that you retain no copies, including copies
stored on computer.
Limited Warranty
We warrant that for a period of 360 days after delivery of this copy of the
Software to you:
The media on which this copy of the Software is provided to you will be
free from defects in materials and workmanship under normal use, and
The Software will perform in substantial accordance with the
Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS
IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE
DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED
WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, regardless of whether we know or had reason to know of
your particular needs. No employee, agent, dealer or distributor of ours is
authorized to modify this limited warranty, or to make any additional
warranties.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
Limited Remedy
Our entire liability and your exclusive remedy for breach of the foregoing
warranty shall be, at our option, to either:
Return the price you paid, or
Repair or replace the Software or media that does not meet the foregoing
warranty if it is returned to us with a copy of your receipt.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST
PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED
DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES),
OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
Term and Termination
This license agreement takes effect upon your use of the software and remains
effective until terminated. You may terminate it at any time by destroying all
copies of the Software and Documentation in your possession. It will also
automatically terminate if you fail to comply with any term or condition of
this license agreement. You agree on termination of this license to destroy
all copies of the Software and Documentation in your possession.
Confidentiality
The Software contains trade secrets and proprietary know-how that belong to us
and it is being made available to you in strict confidence. ANY USE OR
DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES,
OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE
AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
Disputes
This license agreement shall be governed by, construed and enforced in
accordance with the laws of the Nevada, as it is applied to agreements entered
into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate Steve
Beard and/or its affiliates' intellectual property rights, Steve Beard and/or
its affiliates may seek injunctive or other appropriate relief in any state or
federal court in the State of Nevada, and you consent to exclusive
jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it
with the help of a mutually agreed-upon mediator in the following location:
Reno, Nevada. Any costs and fees other than attorney fees associated with the
mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through
mediation, we agree to submit the dispute to binding arbitration at the
following location: Reno, Nevada, under the rules of the American Arbitration
Association. Judgment upon the award rendered by the arbitration may be
entered in any court with jurisdiction to do so.
General Provisions
- This written license agreement is the exclusive agreement between you
and us concerning the Software and Documentation and supersedes any prior
purchase order, communication, advertising or representation concerning the
Software.
- This license agreement may be modified only by a writing signed by you
and us.
- In the event of litigation between you and us concerning the Software or
Documentation, the prevailing party in the litigation will be entitled to
recover attorney fees and expenses from the other party.
- You agree that the Software will not be shipped, transferred or exported
into any country or used in any manner prohibited by the United States
Export Administration Act or any other export laws, restrictions or
regulations.
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