End user agreement for Flip Site Buddy
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 BUTTON INDICATING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO IT'S TERMS.
This is a legal agreement between you, the user ("Licensee") and Company ("Licensor") regarding the software program that is attached to or enclosed with this software license agreement, or that is the subject of this documentation FOR THE Flip Site Buddy (the "SOFTWARE"). The term "SOFTWARE" also includes related documentation (whether in print or electronic form) and, if Licensee is obtaining an update, any pre-existing software and data provided within earlier software releases (to the extent such earlier software and data is retained by, embodied in or in any way used or accessed by the upgraded SOFTWARE provided with this Agreement).
By opening the packaging of the SOFTWARE, or by installing or using the SOFTWARE, Licensee agrees to be bound by the terms of this Software License Agreement (the "Agreement"). If Licensee does not agree to the terms of this Agreement, then do not install the SOFTWARE and return the copy of the SOFTWARE to the place from which you obtained it.
Ownership of the SOFTWARE. Licensor or Licensor's licensors retains all right, title, and interest in the SOFTWARE (including all copies) and all intellectual property rights therein, including without limitation all patent, trade secret and copyright rights, and reserves all rights not expressly granted to Licensee. This License is not a sale of the original SOFTWARE or of any copy.
Protection of Confidential Information. "Confidential Information" means (i) the source code of the SOFTWARE, and any included trade secrets (including any technology, idea, algorithm or information contained in the SOFTWARE, and specifically including Design Techniques); (ii) either party's product plans, designs, costs, prices and names; non-published financial information; marketing plans; business opportunities; personnel; research; development or know-how; (iii) any information designated by the disclosing party as confidential in writing or, if disclosed orally, designated as confidential at the time of disclosure and reduced to writing and given to the receiving party and designated as confidential in writing within 30 days; and (iv) the terms and conditions of this Agreement; provided, however that "Confidential Information" will not include information that: (a) is or becomes generally known or available by publication, commercial use or otherwise through no fault of the receiving party; (b) is known and has been reduced to tangible form by the receiving party at the time of disclosure and is not subject to restriction; (c) is independently developed by the receiving party without use of the disclosing party's Confidential Information; (d) is lawfully obtained from a third party who has the right to make such disclosure; or (e) is released for publication by the disclosing party in writing.
Each party will protect the other's Confidential Information from unauthorized dissemination and use with the same degree of care that each such party uses to protect its own like information. Neither party will use the other's Confidential Information for purposes other than those necessary to directly further the purposes of this Agreement. Neither party will disclose to third parties the others' Confidential Information without the prior written consent of the other party.
Termination. This Agreement shall automatically terminate upon any breach of this Agreement. Additionally, Licensor may also terminate this Agreement in the event of breach or default by Licensee. Upon termination Licensee will relinquish all rights under this Agreement, and must cease using the SOFTWARE and return or destroy all copies (and partial copies) of the SOFTWARE and documentation.
Limited Warranty and Disclaimer. NO WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, ARE MADE BY LICENSOR WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION (STATUTORY OR OTHERWISE), AND LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPRESSLY STATED HEREIN, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE扴 REQUIREMENTS, BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFECTS IN THE PROGRAM WILL BE CORRECTED. Licensee assumes the entire risk as to the results and performance of the SOFTWARE. Some states/jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply.
Limitation of Liability. IN NO EVENT SHALL LICENSOR OR ITS AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THESE LICENSOR PRODUCTS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Licensor be liable to Licensee for damages in an amount greater than the fees paid for the use of the SOFTWARE. Some states/jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, so the above limitations or exclusions may not apply.
This Agreement will not be governed by the U. N. Convention on Contracts for the International Sale of Goods and will not be governed by any statute based on or derived from the Uniform Computer Information Transactions Act (UCITA). If any provision of this Agreement is found to be invalid or unenforceable, it will be enforced to the extent permissible and the remainder of this Agreement will remain in full force and effect. Failure to prosecute a party's rights with respect to a default hereunder will not constitute a waiver of the right to enforce rights with respect to the same or any other breach.