End-User Software License Agreement
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE FIRST USING THE SOFTWARE. THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU AND THE DEVELOPER OF THIS SOFTWARE, BLUE SKY THINKING INC. (DEVELOPER). THIS DOCUMENT PROVIDES IMPORTANT INFORMATION CONCERNING THE SOFTWARE, PROVIDES YOU WITH A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY AND LIABILITY INFORMATION. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU ARE ACCEPTING THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE OR COPY THE SOFTWARE.
- This Agreement grants you only limited rights to use the Software. Developer grants you a non-exclusive non-transferable license to use the Software.
- This Agreement and your rights hereunder shall automatically terminate if you fail to comply with any provision of this Agreement.
- You shall not (and shall not permit other persons or entities to) use the Software after the license expiry date.
- You shall not (and shall not permit other persons or entities to), sell, sub-license, assign or otherwise transfer the Software or this agreement. Any attempt to do so shall be void and of no effect.
- You shall not (and shall not permit other persons or entities to) reverse engineer, decompile, disassemble, merge, modify, include in other software or translate the Software, or use the Software for any commercial purposes whatsoever.
- You shall not (and shall not permit other persons or entities to) remove or obscure Developer's copyright, trade mark or other proprietary notices or legends from the Software.
- You acknowledge that the Software contains Developer's trade secret information and you shall not disclose or disseminate such information other than as provided herein.
- You shall not make or distribute copies of the Software other than as provided for in this Agreement.
- You shall not (and shall not permit other persons or entities to) use the Software to post unauthorized sponsorship, advertising or promotional materials of any kind on Blue Sky Thinking Inc. Internet web pages.
- You shall not (and shall not permit other persons or entities to) use the Software to post obscene, hate, racially prejudice or slanderous materials of any kind on the Internet.
- This license authorizes you to use the Software for your business or profession.
- Permitting unauthorized users access to the Software and other materials related to the Software is a violation of this Agreement.
- This license gives you limited rights to use the Software.
- The Developer retains full ownership of the Software and all copies of it.
- All rights not specifically granted in this Agreement, including Canadian and international copyrights, are reserved by Developer.
Disclaimer of Warranties
- The Software is provided to you on an "AS IS" basis, without any warranty of any kind from Developer including, without limitation, any warranty or condition of merchantability, fitness for a particular purpose and non-infringement.
- Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may also have other legal rights which vary from jurisdiction to jurisdiction.
Limitation of Damages
SHOULD YOU BASE, IN WHOLE OR PART, ANY ADVICE, SUGGESTION, OPINION OR DIAGNOSIS ON THE SOFTWARE, YOU AGREE TO WAIVE ANY FUTURE CLAIM AGAINST DEVELOPER THAT YOU REASONABLY OR DETRIMENTALLY RELIED ON INFORMATION PROVIDED BY THE SOFTWARE OR DEVELOPER. DEVELOPER SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY INACCURACIES OR OMISSIONS IN THE DESIGN OF OR OUTPUT FROM THE SOFTWARE OR FOR ANY DIRECT OR INDIRECT DAMAGES OR PERSONAL INJURY ARISING THEREFROM AND THE DEVELOPER SHALL NOT BE LIABLE FOR ANY DAMAGES OR PERSONAL INJURY RESULTING FROM THE USE OF THE SOFTWARE WHETHER SUCH DAMAGE RESULTS FROM NEGLIGENCE OR OTHERWISE. DEVELOPER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, ANY PECUNIARY LOSS OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DEVELOPER OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, DEVELOPER'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so this limitation or exclusion may not apply to you. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Developer and you. You agree that Developer would not be able to provide the Software on an economic basis without such limitations.
- This Agreement shall be governed by the internal laws of the Province of British Columbia.
- This Agreement contains the complete agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
All questions concerning this Agreement shall be directed to:
Blue Sky Thinking, Inc.