Boldcenter Operator Client .NET distribution permissions and end-user license agreement
Boldcenter Operator Client .NET License Agreement
This is an agreement ("Agreement") between you ("Licensee") and Bravestorm, LLC ("Company") and governs the Licensee’s use of the Boldcenter Operator Client .NET ("Software").
GRANT. Company grants the Licensee a limited, non-assignable and non-transferable, non-exclusive license to use the Software and accompanying documentation ("Documentation") in the manner described in this Agreement. The term of the license is the term of this Agreement. The Software is licensed as a single product.
CUSTOMER REMEDIES. THE COMPANY’S ENTIRE LIABILITY AND THE LICENSEE’S EXCLUSIVE REMEDY UNDER ANY WARRANTY OR OTHER LEGAL THEORY SHALL BE LIMITED TO REPLACEMENT OF THE SOFTWARE.
NO OTHER WARRANTIES. COMPANY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, SECURITY, OR TITLE, DEFECTS IN THE PHYSICAL MEDIA AND DOCUMENTATION, OPERATION OF THE SOFTWARE, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, AND THE ACCOMPANYING PRINTED MATERIALS. EXCEPT FOR THE FOREGOING, THE SOFTWARE IS PROVIDED "AS IS." SOME STATES MAY NOT ALLOW SOME OF THESE LIMITATIONS AND LICENSEE MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL COMPANY BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR THEORY FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OR INACCURACY OF INFORMATION), NOR FOR ANY EXEMPLARY OR PUNITIVE DAMAGES, ARISING OUT OF THIS AGREEMENT, OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S LIABILITY EXCEED THE AMOUNT PAID BY LICENSEE FOR THE SOFTWARE. Because some jurisdictions do not allow the exclusion or limitation of liability of consequential or incidental damages, the above limitation may not apply to Licensee.
The Software requires for its normal operation access via the Internet to certain computer servers (the "Servers") maintained by the Company. The Company will take reasonable care to maintain the operability of the Servers, which care shall include reasonable accommodation for service and other intermittent periods for routine hardware and software maintenance. Notwithstanding such care, Company makes no representation that the Servers will be available at any particular time, or for a particular length of time. Company makes no representation that data transmitted through the Software, or via the related services, will not be lost, or corrupted, or intercepted by third parties. Due to the nature of the Internet and the multiple interacting computers and programs involved in the operation of the Servers and other necessary computers, company disclaims any warranty of availability or reliability of any products or services including the Software.
Licensee understands that the Software is not intended for use in connection with any high risk of personal injury or strict liability activity (including, without limitation, air travel, space travel, fire fighting, police operations, power plant operation, military operations, rescue operations, hospital and medical operations) and that Company makes no warranty and shall have no liability in connection with any use of the Software in such situations.
The parties do not intend to create, and there are no, third party beneficiaries of this Agreement.
OWNERSHIP. The Software, any accompanying printed materials, and all copies of these, are owned by Company and are protected by copyright, trademark and trade secret laws and international treaty provisions. The Software is licensed and not sold.
LICENSEE RESPONSIBILITIES. Licensee may only use the Software with the Servers maintained by the Company. Licensee may not modify, rent, lease, sublicense or use the Software for service bureau purposes, and may not transfer Licensee rights under this Agreement. Licensee may not reverse engineer, decompile or disassemble the Software, except to the extent expressly permitted by applicable law.
MAINTENANCE AND SUPPORT; OTHER SERVICES. Company does not have any responsibility for the implementation or installation of the Software, nor for any training with respect to its use.
INDEMNITY. Licensee will indemnify, defend and hold Company harmless from and against any and all claims, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses, including without limitation reasonable attorneys` and experts’ fees, directly or indirectly resulting from or related to any claimed infringement or violation of person’s rights of privacy based on any action or inaction by Licensee, or any person’s rights including tort claims arising out of Licensee’s representations, omissions, or actions.
UPGRADES. From time to time Company may release new versions of the Software, which contain improvements. This agreement will be extended to include both the original version of the Software and the new version, unless Company amends the agreement.
TERM. This agreement will remain in effect for an indefinite period, unless Company terminates it earlier due to a breach by Licensee of its terms including those set out under "Licensee Responsibilities," or under the conditions set forth below under "Termination". Upon termination Licensee will cease all use of the Software and destroy, or return to Company, all printed materials and copies of the Software. Company has no responsibility to assist Licensee in any data migration or transfer at any time, or to provide Licensee any data, including when this agreement is terminated.
TERMINATION. In any addition to Licensee breach of any of the terms of this agreement, this agreement will immediately terminate (1) upon the dissolution of the other party; (2) upon the insolvency, filing of a voluntary or involuntary petition under any law relating to bankruptcy, appointment by a court of a temporary or permanent receiver, trustee or custodian for the party`s business, or an assignment for the benefit of creditors, of the other party; (3) except in the case of the sale of substantially the entire business of the other party, immediately upon the assignment or attempted assignment by the other party of its rights or obligations under this agreement without the prior written consent of the party; (4) if licenses, permits, or other permissions necessary to conduct the business contemplated by this Agreement are suspended, revoked, or cancelled, and such status is not cured within 30 days.
Company may terminate this Agreement and its licenses, for any reason, by giving Licensee at least 30 days notice. Licensee may terminate this agreement for any reason by giving Company at least 30 days written notice.
MISCELLANEOUS. This agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes any other agreement relating to the Software. This agreement shall be construed pursuant to the laws of the State of Kansas and the United States without regard to the conflict of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods.
JURISDICTION. ANY DISPUTES RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER WILL BE SUBJECT TO THE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN WICHITA, KANSAS, AND LICENSEE AND COMPANY AGREE TO THE PERSONAL JURISDICTION OF SUCH COURTS, AND LICENSEE AND COMPANY WAIVE ANY RIGHT EITHER MAY HAVE TO MOVE OR DISMISS ANY CASE BROUGHT IN SUCH COURTS.