OneStone® Pebbles End User License Agreement
Warning: This product is licensed to you pursuant to
the following terms, and is protected by copyright law and
international treaties. Unauthorized reproduction or distribution
may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law.
Bright
Ideas Software®
OneStone® Pebbles
END USER LICENSE AGREEMENT
CAREFULLY READ THE FOLLOWING LICENSE
AGREEMENT.
LICENSE GRANT
"You" means the person or company who is being
licensed to use the Software or Documentation. "We," "us" and "our"
means Bright Ideas Software. "Software" means the OneStone Pebble module.
We hereby grant you a nonexclusive license to use
one copy of the Software on any single computer, provided the
Software is in use on only one computer at any time. The Software is
"in use" on a computer when it is loaded into temporary memory (RAM)
or installed into the permanent memory of a computer--for example, a
hard disk, CD-ROM or other storage device.
TITLE
We remain the owner of all right, title and interest
in the Software and related explanatory written materials
("Documentation").
THINGS YOU MAY NOT DO
The Software and Documentation are protected by
United States copyright laws and international treaties. You must
treat the Software and Documentation like any other copyrighted
material--for example a book.
You may not:
- copy the Documentation,
- modify or adapt the Software or merge it into another program,
- reverse engineer, disassemble, decompile or make
any attempt to discover the source code of the Software,
- place the Software onto a server so that it is
accessible via a pubic network such as the Internet, or
- sub-license, rent, lease or lend any portion of the Software or
Documentation.
TRANSFERS
You may transfer all your rights to use the Software
and Documentation to another person or legal entity provided you
transfer this Agreement, the Software and Documentation, including
all copies, update and prior versions to such person or entity and
that you retain no copies, including copies stored on
computer.
LIMITED WARRANTY
It is provided 'As Is', without warranty
of any kind, either expressed or implied, including, but not limited to, the implied
warranties or merchantability or fitness for a particular purpose.
LIMITED REMEDY
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY
DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE
INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR
DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES),
OR FOR ANY CLAIM BY ANY OTHER PARTY.
TERM AND TERMINATION
This license agreement takes effect upon your use of
the software and remains effective until terminated. You may
terminate it at any time by destroying all copies of the Software
and Documentation in your possession. It will also automatically
terminate if you fail to comply with any term or condition of this
license agreement. You agree on termination of this license to
destroy all copies of the Software and Documentation in your
possession.
CONFIDENTIALITY
The Software contains trade secrets and proprietary
know- how that belong to us and it is being made available to you in
strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS
ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE
WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR
TRADE SECRET RIGHTS.
GENERAL PROVISIONS
- This written license agreement is the exclusive
agreement between you and us concerning the Software and
Documentation and supersedes any prior purchase order,
communication, advertising or representation concerning the
Software.
- This license agreement may be modified only by a
writing signed by you and us.
- In the event of litigation between you and us
concerning the Software or Documentation, the prevailing party in
the litigation will be entitled to recover attorney fees and
expenses from the other party.
- This license agreement is governed by the laws of
the state of New Mexico.
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