PickStock distribution permissions and end-user license agreement
END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This End-User License Agreement
("EULA") is a legal agreement between you (either an individual
or a single entity) and Bell Software and Services, Inc. for the
software product identified above, which includes computer
software and may include associated media, printed materials, and
"online" or electronic documentation ("Product"). An amendment
or addendum to this EULA may accompany the Product. YOU AGREE
TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING,
COPYING, OR OTHERWISE USING THE PRODUCT ON A SINGLE MACHINE.
IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT; YOU
MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL
The Product is licensed concurrently with purchase and registration through an
online registration mechanism that then brands the Product such that it will subsequently
be made fully functional but will only run on
the machine that actually performed the registration process.
1. Applicability of License. The Product consists of computer
software and may include associated media, printed materials, and
"online" or electronic documentation.
2. General Grant of License. In general, for each license you
have acquired for the Product, one machine is authorized to
use the Product according to the terms of this EULA. Unless
expressly stated otherwise, the Product may not be separated for
use by more than the one individual authorized to use the
Product. License must be dedicated to use of the Product by one individual
on the machine it was installed on. Specifically:
a. If you are an individual, Bell Software and Services, Inc. grants to you as an
individual a personal, nonexclusive license to make and use
the Product on one machine in accordance with the terms of this EULA,
provided that you are the only individual using the Product
b. If you are an entity, Bell Software and Services, Inc. grants to you the right to
designate one individual within your organization to have the
sole right to make and use the Product on one machine in accordance
with the terms of this EULA.
3. Additional Rights and Limitations-General.
3.1 Limitation on Reverse Engineering, Decompilation, and
Disassembly. You may not reverse engineer, decompile, or
disassemble the Product, except and only to the extent that it is
expressly permitted by applicable law notwithstanding this
3.2 Termination. Without prejudice to any other rights,
Bell Software and Services, Inc. may cancel this EULA if you do not abide by the terms
and conditions of this EULA, in which case you must destroy all
3.3 Consent to Use of Data. You agree that Bell Software and Services, Inc. may
collect and use technical information you provide
as a part of support services related to the Product. Bell Software and Services, Inc.
agrees not to use this information in a form that personally identifies you.
3.4 Not for Resale Software. Product identified as "Not for
Resale" or "NFR" may not be resold, transferred, or used for
any purpose other than demonstration, test, or evaluation.
3.5 Academic Edition Software. To use Product identified as
"Academic Edition" or "AE," you must be a "Qualified
For qualification-related questions, please contact Bell Software and Services, Inc.
3.6 Export Restrictions.
The following terms apply: You
agree that you will not export or re-export the Product (or
portions thereof) to any country, person, or entity subject to
U.S. export restrictions. You specifically agree not to export or
re-export the Product (or portions thereof): (i) to any country
subject to a U.S. embargo or trade restriction; (ii) to any
person or entity who you know or have reason to know will utilize
the Product (or portions thereof) in the production of nuclear,
chemical, or biological weapons; or (iii) to any person or entity
who has been denied export privileges by the U.S. government.
3.7 Separation of COMPONENTS. The Product is licensed as a
single product. Its COMPONENT parts may not be separated for use
by other than the person or entity to which the Product is licensed.
3.8 Update License Terms. All UPDATES shall be considered part
of the Product and subject to the terms and conditions of this
EULA. Additional license terms may accompany UPDATES (as defined
in the first paragraph of this EULA). By installing, copying, or
otherwise using any UPDATE, you agree to be bound by the terms
accompanying each such UPDATE. If you do not agree to the
additional license terms accompanying such UPDATES, do not
install, copy, or otherwise use such UPDATES.
4. Distribution Requirements. Redistribution of a previously registered
Product is prohibited unless expressly authorized by Bell Software and Services, Inc..
You agree to: (a) indemnify, hold harmless, and defend Bell Software and Services, Inc.
from and against any claims or
lawsuits, including attorney`s fees, that arise or result from
the use or distribution of any products you may distribute that rely upon information obtained from the Product; (b) otherwise comply with the terms of this EULA; and (c) that
Bell Software and Services, Inc. reserves all rights not expressly granted.
5. LIMITED WARRANTY.
Bell Software and Services, Inc. warrants that the Product will perform
substantially in accordance with the accompanying materials for
a period of 90 days from the date of receipt.
If an implied warranty or condition is created by your
state/jurisdiction and federal or state/provincial law prohibits
disclaimer of it, you also have an implied warranty or condition,
BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD
OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY
DEFECTS DISCOVERED AFTER THE NINETY (90)-DAY PERIOD,
THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some
states/jurisdictions do not allow limitations on how long
an implied warranty or condition lasts, so the above limitation
may not apply to you.
Any supplements or updates to the Product, including
without limitation, any (if any) service packs or hot fixes
provided to you after the expiration of the ninety-day Limited
Warranty period are not covered by any warranty or condition,
express, implied, or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER
Your exclusive remedy for any breach of this Limited Warranty is
as set forth below. Except for any refund elected by Bell Software and Services, Inc.,
YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT
NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does
not meet Bell Software and Services, Inc.`s Limited Warranty, and, to the maximum
extent allowed by applicable law, even if any remedy fails of
its essential purpose. The terms of Section 11 below ("Exclusion
of Incidental, Consequential, and Certain Other Damages") are
also incorporated into this Limited Warranty. Some
states/jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or
exclusion may not apply to you. This Limited Warranty gives you
specific legal rights. You may have others which vary from
state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY.
Bell Software and Services, Inc.`s and its suppliers` entire liability and your
exclusive remedy shall be, at Bell Software and Services, Inc.`s option from time to
time exercised subject to applicable law, (a) return of the price
paid (if any) for the Product, or (b) repair or replacement of
the Product, that does not meet this Limited Warranty and that is
returned to Bell Software and Services, Inc. with a copy of your receipt. You will
receive the remedy elected by Bell Software and Services, Inc. without charge, except
that you are responsible for any expenses you may incur (e.g.
cost of shipping the Product to Bell Software and Services, Inc.). This Limited Warranty
is void if failure of the Product has resulted from accident,
abuse, misapplication, abnormal use, or a virus. Any replacement
Product will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer. Outside
the United States or Canada, neither these remedies nor any
product support services offered by Bell Software and Services, Inc. are available
without proof of purchase from an authorized international
source. To exercise your remedy, contact: Bell Software and Services, Inc..
6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
The Limited Warranty that
appears above is the only express warranty made to you and is
provided in lieu of any other express warranties (if any) created
by any documentation or packaging. Except for the Limited Warranty
and to the maximum extent permitted by applicable law, Bell Software and Services, Inc.
and its suppliers provide the Product and Support Services (if any)
AS IS AND WITH ALL FAULTS, and hereby disclaim all other
warranties and conditions, either express, implied, or statutory,
including, but not limited to, any (if any) implied warranties,
duties or conditions of merchantability, of fitness for a
particular purpose, of accuracy or completeness of responses, of
results, of workmanlike effort, of lack of viruses, and of lack
of negligence, all with regard to the Product, and the provision
of or failure to provide Support Services. ALSO, THERE IS NO
WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT,
QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION
OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
THIS SOFTWARE IS FURNISHED "AS IS". BELL SOFTWARE AND SERVICES,
INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, THAT THE SOFTWARE
IS FREE OF ERROR, OR IS CONSISTENT WITH ANY PARTICULAR STANDARD OF MERCHANTABILITY, OR THAT IT WILL MEET LICENSEE`S REQUIREMENTS FOR ANY PARTICULAR APPLICATION. BELL SOFTWARE AND SERVICES, INC. ACCEPTS NO RESPONSIBILITY FOR ANY MATHEMATICAL OR TECHNICAL LIMITATIONS OF THE SOFTWARE. WITHOUT ADDITIONAL THOROUGH TESTING BY LICENSEE, THE SOFTWARE SHOULD NOT BE RELIED ON FOR SOLVING A PROBLEM WHOSE INCORRECT SOLUTION COULD RESULT IN INJURY TO A PERSON OR LOSS OF PROPERTY. NEITHER BELL SOFTWARE AND SERVICES, INC., NOR ANY OF THE AUTHORS OF THE SUBSYSTEMS INCORPORATED WITHIN THE SOFTWARE SHALL IN ANY EVENT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR GENERAL, CONSEQUENTIAL OR INCIDENTAL, ARISING FROM USE OF THE SOFTWARE. USE OF THE SOFTWARE IS ENTIRELY AT LICENSEE`S OWN RISK. THE MAXIMUM AMOUNT OF DAMAGES BELL SOFTWARE AND SERVICES, INC. IS LIABLE FOR IS THE AMOUNT PAID BY THE LICENSEE FOR THE USE OF THE SOFTWARE.
7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND
CERTAIN OTHER DAMAGES. To the maximum extent permitted by
applicable law, in no event shall Bell Software and Services, Inc., supplier of the Product,
or suppliers of software components embedded within the Product
be liable for any special, incidental, indirect, or consequential
damages whatsoever (including, but not limited to, damages for
loss of profits or confidential or other information, for
business interruption, for personal injury, for loss of privacy,
for failure to meet any duty including of good faith or of
reasonable care, for negligence, and for any other pecuniary or
other loss whatsoever) arising out of or in any way related to the
use of or inability to use the PRODUCT, the provision of or
failure to provide Support Services, or otherwise under or in
connection with any provision of this EULA, even in the event of
the fault, tort (including negligence), strict liability, breach
of contract, or breach of warranty of Bell Software and Services, Inc., any supplier of the Product, or any suppliers of software components embedded within the Product,
and even if Bell Software and Services, Inc., any supplier, or suppliers of software components
embedded within the Product has been advised of the
possibility of such damages.
8. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding
any damages that you might incur for any reason whatsoever
(including, without limitation, all damages referenced above and
all direct or general damages), the entire liability of Bell Software and Services, Inc.
any suppliers of the Product, or any suppliers of software components embedded within the Product
under any provision of this EULA and
your exclusive remedy for all of the foregoing (except for any
remedy of repair or replacement elected by Bell Software and Services, Inc. with respect
to any breach of the Limited Warranty) shall be limited to the
amount actually paid by you for the Product. The foregoing limitations, exclusions, and disclaimers
(including Sections 9, 10, and 11 above) shall apply to the
maximum extent permitted by applicable law, even if any remedy
fails its essential purpose.
9. U.S. GOVERNMENT LICENSE RIGHTS. All Product provided
to the U.S. Government is provided with the commercial
license rights and restrictions described elsewhere herein.
10. APPLICABLE LAW. If you acquired this Product in the United
States, this EULA is governed by the laws of the State of
Washington. If you acquired this Product in Canada, unless
expressly prohibited by local law, this EULA is governed by the
laws in force in the Province of Ontario, Canada; and, in respect
of any dispute which may arise hereunder, you consent to the
jurisdiction of the federal and provincial courts sitting in
Toronto, Ontario. If this Product was acquired outside the United
States, then local law may apply.
11. ENTIRE AGREEMENT. This EULA (including any addendum or
amendment to this EULA which is included with the Product) are
the entire agreement between you and Bell Software and Services, Inc. relating to the
Product and the Support Services (if any) and they supersede all
prior or contemporaneous oral or written communications,
proposals, and representations with respect to the Product or any
other subject matter covered by this EULA. To the extent the
terms of any Bell Software and Services, Inc. policies or programs for Support Services
conflict with the terms of this EULA, the terms of this EULA
12. The Product is protected by copyright and other
intellectual property laws and treaties. Bell Software and Services, Inc.,
suppliers of the Product, or suppliers of software components embedded within the
Product own the title, copyright, and other intellectual
property rights in the Product. The Product is licensed, not