End user agreement for BlogBridge for Mac
BlogBridge End User License Agreement
NOTICE TO USER:
BEFORE YOU AGREE, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LEGAL AGREEMENT. BY INDICATING YOUR ACCEPTANCE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DECLINE WHERE INSTRUCTED, AND YOU WILL NOT BE ABLE TO USE THIS PRODUCT.
All references herein to "Salas Associates", "we" or "us" or "our" refer to R.Pito Salas and Associates, Inc. The term "you" means the company, entity or individual who is acquiring the license to use the Product under this Agreement.
The product licensed under this Agreement is also available under the GNU GPL. This license is provided as an alternative to licensing under the GNU GPL to those users who do not want to use software subject to the GNU GPL. The terms and conditions of this Agreement apply only to software licensed under this Agreement; if you instead desire to acquire the software licensed under the GNU GPL, the terms of that license (and not these terms) will apply.
Scope of License
As long as you comply with the terms of this End User License Agreement (the "Agreement"), we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to use the BlogBridge Application (together with any associated data or file formats, accompanying documentation and any other material obtained from it, the "Application") and the BlogBridge Service ("the Service", and the Application and the Service together, is referred to as the "Product").
To the extent that the Product enables you to access (on-line or otherwise) materials not supplied by us ("Content"), you should be aware that such Content is the property of the applicable Content owner and may be protected by applicable law. This Agreement grants you no rights to Content.
Except as expressly permitted herein, you may not make or distribute copies of the Software or electronically transfer the Software from one computer to another or over a network. You may not decompile, reverse engineer, disassemble, attempt to discover the source code of the Software, or otherwise reduce the Software to a human-perceivable form (except to the extent applicable laws prohibit such restrictions). You may not modify the Software or create derivative works based upon the Product. You may not rent, lease, distribute, sublicense, or lend the Product. This Agreement provides the terms and conditions under which you are licensed to use the Software. It is not an agreement for the sale of the Product to you.
Amendment and Termination.
We may terminate your use of the Product and remove any content within the Service if we reasonably believe that you have violated or acted inconsistently with this Agreement. We may also at any time modify (including charging a fee) or discontinue providing the Product. We may do either of these things with or without prior notice. We will not be liable to you or any third-party for any of these actions. Your continued use of the Product constitutes consent to any such amendments or changes. On termination, you must destroy all copies of the Software in your possession. Sections 2-10 survive any termination of this Agreement.
Intellectual Property Rights
This license gives you limited rights to use the Product. All title, ownership rights, and intellectual property rights in and to the Product and any copies thereof are vested in and shall remain in us. The Product is protected by the copyright laws and other intellectual property laws of the United States and international treaties. The structure, organization, and code of the Product, including, without limitation, any associated data or file formats embody valuable copyrights, trade secrets, and other intellectual property and confidential information of ours. You must maintain all proprietary notices on all copies of the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners' names. Trademarks can only be used to identify printed output produced by the Product and such use does not give you any rights of ownership in that trademark. Except as expressly state above, this Agreement does not grant you any intellectual property rights in the Product. All third party trademarks are the property of their respective owners.
Disclaimer of Warranties
THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SALAS ASSOCIATES FURTHER DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SALAS ASSOCIATES AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PRODUCT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH YOU. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE PRODUCT AND ALL THIRD PARTY PRODUCTS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE PRODUCT AND SUCH THIRD PARTY PRODUCTS. SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY STATE/JURISDICTION.
Limitation of Liability
IN NO EVENT SHALL SALAS ASSOCIATES, ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS), WHETHER BASED ON BREACH OF CONTRACT, TORT, (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF SUCH PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Basis of Bargain
The Disclaimer of Warranties and Limitation of Liability set forth above are fundamental elements of the basis of the agreement between us and you. We would not be able to provide the Product on an economic basis without such limitations.
We appreciate and will consider any comments you may have on the Product, our Site, service, or ideas you may have on how to improve them. We are not required to hold such feedback in confidence, and such feedback may be used by us for any purpose without obligation of any kind, but nothing herein restricts the use of such feedback or ideas relating thereto by you.
U.S. Government Restricted Rights
The Software is a "Commercial Item," as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Governing Law and General Provisions
This Agreement will be governed by the laws in force in the Commonwealth of Massachusetts excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of the Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Product 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. This Agreement shall automatically terminate upon failure by you to comply with its terms, in which event you must destroy all copies of the Software. This Agreement may be amended only by a writing executed by both parties.