|
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE ACCOMPANYING SOFTWARE, THE USE OF WHICH IS LICENSED BY BLUE ROBIN TECHNOLOGIES LLC ("BLUE ROBIN TECHNOLOGIES”), TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
1. License
The accompanying software ("Software") provided along with this license, is licensed, not sold, to you by Blue Robin Technologies for use only under the terms of this License Agreement. Blue Robin Technologies reserves any rights not expressly granted to you. Except as explicitly set forth below, (i) you are not permitted to lease or rent (except under separate mutually agreeable terms set forth in writing and signed by both parties), sublicense the Software or to use the Software in a time-sharing arrangement or in any other unauthorized manner; (ii) no license is granted to you in the human readable code of the Software (source code); and (iii) this License Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the Software.
| (a) |
You may use one copy of the Software on a single computer at a time. To "use" the Software means that the Software is either loaded in the temporary memory of a computer or installed on the permanent memory of a computer.
|
| (b) |
You may use the Software for evaluation purposes for 30 days at no charge without registering. Thereafter, you are required to purchase a registration code from Blue Robin Technologies. Unregistered use of the Software after the 30-day trial period is in violation of U.S. and international copyright laws. One registration code may be used by a single user on a single Palm OS platform product. A new registration code is required for each Palm OS platform product.
|
| (c) |
You may permanently transfer all your rights under this License Agreement to another party by providing to such party all copies of the Software licensed under this License Agreement together with a copy of this License Agreement and the accompanying written materials, provided that the other party reads and agrees to accept the terms and conditions of this License Agreement.
|
| (d) |
You may make as many copies of the Software and documentation as you wish; give exact copies of the original evaluation version to anyone; and distribute the evaluation version of the software and documentation in its unmodified form via electronic means. There is no charge for any of the above. You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing the software and/or documentation with other products (commercial or otherwise) without prior written permission.
|
2. No Reverse Engineering
The Software contains trade secrets in its human perceivable form and, to protect them, you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
3. Limited Warranty
Blue Robin Technologies warrants for a period of ninety (90) days from your date of purchase that the Software as provided by Blue Robin Technologies will substantially conform to Blue Robin Technologies’ published specifications for the Software. Blue Robin Technologies’ entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at Blue Robin Technologies’ option, replacement of the media (if any), refund of the purchase price (based on fair market value of the Software) or repair or replacement of the Software. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY BLUE ROBIN TECHNOLOGIES AND BLUE ROBIN TECHNOLOGIES AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. FURTHER, BLUE ROBIN TECHNOLOGIES MAKES NO REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS THAT THE SOFTWARE AND DOCUMENTATION PROVIDED ARE FREE OF ERRORS OR VIRUSES OR THAT THE SOFTWARE AND DOCUMENTATION ARE SUITABLE FOR YOUR INTENDED USE.
4. Limitation of Remedies and Damages
TO THE FULL EXTENT ALLOWED BY LAW BLUE ROBIN TECHNOLOGIES ALSO EXCLUDES FOR ITSELF, ITS DISTRIBUTORS, ITS DIRECTORS, ITS OFFICERS, ITS EMPLOYEES AND ITS AFFILIATES ANY LIABILITY , WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE (OR INABILITY TO USE), INSTALLATION, MAINTENANCE, SALE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THIS PRODUCT (WHETHER FORESEEABLE OR UNFORESEEABLE), EVEN IF BLUE ROBIN TECHNOLOGIES OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPLACEMENT OF THE SOFTWARE ON NEW MEDIA, OR REFUND OF THE PURCHASE PRICE PAID, AT THE OPTION OF BLUE ROBIN TECHNOLOGIES. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.
5. Disclaimer
Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages for certain products supplied to consumers or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you. When the implied warranties are not allowed to be excluded in their entirety, they will be limited to the duration of the applicable written warranty. This warranty gives you specific legal rights which may vary depending on local law.
6. Export Restrictions
The Software supplied hereunder is subject to all pertinent import and export laws of the United States, including specifically the U.S. Export Administration Regulations ("EAR") and the laws of the country in which you obtained them. You agree that you will be solely responsible for compliance with all such laws. In particular, you agree that you will not export, re-export, or transfer, directly or indirectly, to any person, firm or country on the Denied Persons List, Entity List, Debarred Parties or Specially Designated Nationals lists or to Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Federal Republic of Yugoslavia (Serbia only), Sudan, or Syria or any other country or entity designated by the U.S. Government as prohibited by U.S. law, or nationals thereof, and that you are not located in such a country or on such a list. You agree that you will not transfer, export or re-export, directly or indirectly, for use or to users in military or proliferation activities (Nuclear, Missile, Chemical or Biological Weapons) without U.S. Government authorization (by export license or regulation). You agree that, upon request, you will provide additional end use/end user information or written acceptance of requirements and responsibilities to comply with U.S. export license requirements. You agree to be bound by any future modifications of the foregoing list of restricted destinations by amendments to the EAR or other U.S. government regulations. These requirements shall survive the term or termination of the Agreement.
7. United States Government Legend
The Software is commercial in nature and developed solely at private expense. The Software is delivered as "Commercial Computer Software" as defined in DFARS 252.227-7014 (June 1995) or as a commercial item as defined in FAR 2.101(a) and as such is provided with only such rights as are provided in this License Agreement, which is Blue Robin Technologies’ standard commercial license for the Software. Technical data is provided with limited rights only as provided in DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14 (June 1987), whichever is applicable.
8. Termination
This License Agreement is effective until terminated. You may terminate it at any time by destroying the Software and documentation together with all copies. It will also terminate immediately if you fail to comply with any term or condition of this License Agreement. Upon such termination you agree to destroy the Software and documentation, together with all copies.
9. Governing Law
This License Agreement shall be governed by the laws of the State of Idaho as such laws are applied to agreements entered into and to be performed entirely within Idaho between Idaho residents and by the laws of the United States. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this License Agreement.
10. Severability
In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor. The headings used in this Agreement are for convenience only and shall not be considered part of the Agreement.
11. Entire Agreement
This License Agreement sets forth the entire understanding and agreement between you and Blue Robin Technologies, supersedes all prior agreements, whether written or oral, with respect to the Software and subject matter hereof, and may be amended only in a writing signed by both parties.
|
