END USER SOFTWARE LICENSE AGREEMENT
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE ICON LABELED
"I ACCEPT" OR PUTTING A CHECK IN THE CHECK BOX INDICATING THAT YOU HAVE READ
THIS AGREEMENT AND ACCEPT IT’S TERMS. IF YOU DO NOT AGREE TO THIS LICENSE, YOUR ORDER
WILL BE CANCELED, THE SOFTWARE WILL NOT BE DOWNLOADED AND YOU WILL NOT BE CHARGED.
License Grant
"You" means the person or company who is being licensed to use
the Software or Documentation. "We," "us" and "our" means
BizzyDays Publications.
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.
If the Software is permanently installed on the hard disk or other storage
device of a computer (other than a network server) and one person uses that computer more
than 80% of the time, then that person may also use the Software on a portable or home
computer.
Title
We remain the owner of all right, title and interest in the Software and
related explanatory written materials ("Documentation").
Archival or Backup Copies
You may copy the Software for back up and archival purposes, provided that
the original and each copy is kept in your possession and that your installation and use
of the Software does not exceed that allowed in the "License Grant" section
above.
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,
Copy the Software except to make archival or backup copies as provided
above,
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 public
network such as the Internet, or
Sublicense, 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, updates and prior versions to such person or entity
and that you retain no copies, including copies stored on computer.
Limited Warranty
We warrant that for a period of 90 days after delivery of this copy of the
Software to you:
The media on which this copy of the Software is provided to you will be
free from defects in materials and workmanship under normal use, and
The Software will perform in substantial accordance with the
Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY
IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY
AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE,
NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of
whether we know or had reason to know of your particular needs. No employee, agent, dealer
or distributor of ours is authorized to modify this limited warranty, or to make any
additional warranties.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limited Remedy
Our entire liability and your exclusive remedy for breach of the foregoing
warranty shall be, at our option, to either:
Return the price you paid, or
Repair or replace the Software or media that does not meet the foregoing
warranty if it is returned to us with a copy of your receipt.
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.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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.
Disputes
This license agreement shall be governed by, construed and enforced in
accordance with the laws of the France, as it is applied to agreements entered into and to
be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate
BizzyDays Publications and/or its affiliates' intellectual property rights, BizzyDays
Publications and/or its affiliates may seek injunctive or other appropriate relief in any
appropriate court in France, and you consent to exclusive jurisdiction and venue in such
courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve
it with the help of a mutually agreed-upon mediator in the following location: Nantes,
France. Any costs and fees other than attorney fees associated with the mediation will be
shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration at the following
location: Nantes, France. Judgment upon the award rendered by the arbitration may be
entered in any court with jurisdiction to do so.
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.
You agree that the Software will not be shipped, transferred or exported
into any country or used in any manner prohibited by the United States Export
Administration Act or any other export laws, restrictions or regulations.
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