Its About Time 2006 distribution permissions and end-user license agreement
End User License Agreement for BoomerX Software`s It`s About Time 2006 IMPORTANT: READ CAREFULLY: This BoomerX Software End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and BoomerX Software for the BoomerX Software product It`s About Time 2006 identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("It`s About Time 2006"). It`s About Time 2006 also includes any updates and supplements to the original It`s About Time 2006 program provided to you by BoomerX Software. Any software provided along with It`s About Time 2006 that is associated with a separate EULA agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using It`s About Time 2006, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the It`s About Time 2006; you may, however, return it to your place of purchase for a full refund. It`s About Time 2006 LICENSE The It`s About Time 2006 is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The product It`s About Time 2006 is licensed, not sold. 1 GRANT OF LICENSE. This EULA grants you the following rights: * Systems Software. You may install and use one of the It`s About Time 2006 on a single computer, including a workstation, terminal or other digital electronic device ("COMPUTER"). * Support Services. BoomerX Software may provide you with support services related to It`s About Time 2006 ("Support Services"). Use of Support Services is governed by the BoomerX Software polices and programs described in the user manual, in "on line" documentation and/or other BoomerX Software-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of It`s About Time 2006 and subject to the terms and conditions of this EULA. With respect to technical information you provide to BoomerX Software as part of the Support Services, BoomerX Software may use such information for its business purposes, including for product support and development. BoomerX Software will not utilize such technical information in a form that personally identifies you. * Software Transfer. The initial user of It`s About Time 2006 may make a one-time permanent transfer of this EULA and It`s About Time 2006 only directly to an end user. This transfer must include all of It`s About Time 2006 (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and It`s About Time 2006. * Termination. Without prejudice to any other rights, BoomerX Software may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of It`s About Time 2006 and all of its component parts. 2 UPGRADES. If It`s About Time 2006 is labeled as an upgrade, you must be properly licensed to use a product identified by BoomerX Software as being eligible for the upgrade in order to use It`s About Time 2006. It`s About Time 2006 labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If It`s About Time 2006 is an upgrade of a component of a package of software programs that you licensed as a single product, It`s About Time 2006 may be used and transferred only as part of that single product package and may not be separated for use on more than one computer. 3 COPYRIGHT. All title and intellectual property rights in and to It`s About Time 2006 (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into It`s About Time 2006), the accompanying printed materials, and any copies of It`s About Time 2006 are owned by BoomerX Software or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of It`s About Time 2006 is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by BoomerX Software. 4 DUAL-MEDIA SOFTWARE. You may receive It`s About Time 2006 in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of It`s About Time 2006. 5 BACKUP COPY. After installation of one of It`s About Time 2006 pursuant to this EULA, you may keep the original media on which It`s About Time 2006 was provided by BoomerX Software solely for backup or archival purposes. If the original media is required to use It`s About Time 2006 on the COMPUTER, you may make one of It`s About Time 2006 solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of It`s About Time 2006 or the printed materials accompanying It`s About Time 2006. 6 CANADIAN GOVERNMENT RESTRICTED RIGHTS. It`s About Time 2006 and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. 7 MISCELLANEOUS 8 LIMITED WARRANTY LIMITED WARRANTY. BoomerX Software warrants that (a) It`s About Time 2006 will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by BoomerX Software shall be substantially as described in applicable written materials provided to you by BoomerX Software, and BoomerX Software support engineers will make commercially reasonable efforts to solve any problem. To the extent allowed by applicable law, implied warranties on It`s About Time 2006, if any, are limited to ninety (90) days. Some provinces/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. 9 CUSTOMER REMEDIES. BoomerX Software’s and its suppliers’ entire liability and your exclusive remedy shall be, at BoomerX Software’s option, either (a) return of the price paid, if any, or (b) repair or replacement of any It`s About Time 2006 package that does not meet BoomerX Software’s Limited Warranty and that is returned to BoomerX Software with a copy of your receipt. This Limited Warranty is void if failure of It`s About Time 2006 has resulted from accident, abuse, or misapplication. Any replacement It`s About Time 2006 will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside Canada, neither these remedies nor any product support services offered by BoomerX Software are available without proof of purchase from an authorized international source. 10 NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOOMERX SOFTWARE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO It`s About Time 2006, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. 11 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOOMERX SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO It`s About Time 2006 OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF BOOMERX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BOOMERX SOFTWARE`S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR It`s About Time 2006 OR $5.00 CANADIAN; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A BOOMERX SOFTWARE SUPPORT SERVICES AGREEMENT, BOOMERX SOFTWARE`S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME PROVINCES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. By checking the appropriate box before installing the software, you agree that you have fully read this agreement and understand its contents. BoomerX Software
This product is free to use and distribute during the 90 day trial period. After the trial period has expired, a registered version of this product must be purchased.