End user agreement for BigSite Connect Bar
BIGSITE NO-NONSENSE LICENSE STATEMENT AND LIMITED WARRANTY
PLAIN TALK SOFTWARE LICENSE
We are not responsible for anything at all. Nothing. Even if we are held responsible, the limit of our liability is the licensing fees you paid.
The full text of our license agreement follows. You should read the terms and conditions carefully. Use of BIGSITE Toolbar implies acceptance in full.
IMPORTANT - READ CAREFULLY
This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and BIGSITE Software ("BIGSITE") for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
If you are the original purchaser of the Software and you do not agree with the terms and conditions of the License Agreement, promptly return the unused Software to the place from which you obtained it for a full refund.
If you are accepting this License Agreement on behalf of a corporation, partnership or other legal entity, the use of the terms "you" and "your" in this License Agreement will refer to such entity.
TERMS AND CONDITIONS
1. GRANT OF LICENSE.
a. Subject to the terms and conditions of this License Agreement, BIGSITE grants to you a personal, nonexclusive, nontransferable and limited license to install and use the Software for the purposes set forth herein. Unless you have purchased additional licenses from BIGSITE, you may only install and use a single copy of the Software on a computer and freely move the Software from one computer to another,
provided that you are the only individual using the Software. If you are an entity, BIGSITE grants you the right to designate one individual within your organization ("Named User") to have the right to use the Software in the manner provided herein. If you have purchased additional licenses from BIGSITE or a BIGSITE authorized reseller, you may install and use the number of copies of the Software up to the number of users, CPU's, servers and/or at the sites granted to you in writing by BIGSITE ("Licensed Copies").
b. This Software is owned by BIGSITE or its suppliers and is protected by copyright law, international copyright treaties, as well as other proprietary notices. Therefore, you must treat this Software like any other copyrighted material (e.g., a book) and you agree that the total number of copies of the Software used by you may not exceed the number of Licensed Copies paid for by you, except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
c. Subject to the further terms and conditions of this License Agreement, the term of this license is perpetual (unless terminated as provided below). You may transfer the Software and documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of this License Agreement.
2. LICENSE RESTRICTIONS.
a. Except as provided in this License Agreement, you receive no rights and agree not to transfer, rent, lease, lend, copy, modify, translate, port, localize, create derivative works of, market, distribute, sublicense, time-share or electronically transmit or receive the Software, media or documentation. You acknowledge that the Software in source code form remains a confidential trade secret of BIGSITE and/or its suppliers and therefore you agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. As a confidential trade secret, you shall use your best efforts to protect the proprietary or confidential information supplied by BIGSITE in its Software (including any source code), in the same manner in which you would protect your own proprietary or confidential information, but not less than reasonable precautions to protect such proprietary or confidential information and you shall not use such proprietary or confidential trade secret for your own benefit or the benefit of any other person or entity, except as may be specifically permitted hereunder.
b. If you have purchased an upgrade version of the Software, it constitutes a single product with the BIGSITE software that you upgraded. You may use or transfer the upgrade version of the Software together with the original only in accordance with this License Agreement.
You are required to register the Software with BIGSITE. You will be prompted to register the Software at the time of your first use of the Software, at which time you will be notified (or directed to resources explaining) how information provided by you during registration may be used and you will be afforded the opportunity to opt out of certain uses of such information.
4. LIMITED WARRANTY
a. Software provided under this License Agreement, including but not limited to libraries, source code, Redistributables and other files are provided "as is," without warranty of any kind except as expressly provided in this paragraph. BIGSITE warrants that, except with respect
to the Redistributables, the Software, as updated and when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
b. BIGSITE's and its suppliers' entire liability and your exclusive remedy shall be, at BIGSITE's option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet BIGSITE's Limited Warranty and which is returned to BIGSITE with a copy of your receipt. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CONTACTED THE BIGSITE CUSTOMER SERVICE DEPARTMENT AND OBTAINED A RETURN AUTHORIZATION NUMBER. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by BIGSITE are available without proof of purchase from an authorized non-U.S. source.
c. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIGSITE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. BIGSITE DOES NOT WARRANT THAT THE BIGSITE SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE BIGSITE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIGSITE OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR BUSINESS INTERRUPTION, GOODWILL, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) WHETHER BASED ON PRINCIPLES OF CONTRACT, TORT (INCLUDING NEGLIGENCE), DUTY, INDEMNITY, CONTRIBUTION OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF BIGSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BIGSITE'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $4; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A BIGSITE SUPPORT SERVICES AGREEMENT, BIGSITE'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. AUDIT RIGHTS
You agree to keep all usual and proper records and books of account and all usual and proper entries relating to each installation, copy and authorized user of the Software. BIGSITE may cause an audit and/or inspection to be made of your applicable records and facilities in order to verify your compliance with the terms of this License Agreement. Within thirty (30) days of notice by BIGSITE to you of any error or omission disclosed by such audit, you will make prompt adjustment and reimbursement to BIGSITE of such error or omission. Any such audit or inspection will be conducted by an audit and/or inspection team selected by BIGSITE (other than on a contingent fee basis). Any audit and/or inspection will be conducted during regular business hours at your facilities, with five (5) days written notice. You agree to provide BIGSITE's designated audit or inspection team access to the relevant records and facilities and to otherwise cooperate with such audit or inspection team. Any such audit and/or inspection will be paid for by BIGSITE, provided, however, that in the event that any such examination discloses a shortfall in payment of more than five percent (5%) for any quarter, you agree to (i) pay or
reimburse BIGSITE for the reasonable expenses of the examination, as determined in good faith by the parties at the completion of the examination, and (ii) immediately remit payment to BIGSITE for the full amount of any disclosed shortfalls (in addition to the reasonable expenses for such examination).
9. EXPORT CONTROLS
You may not download or otherwise export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulation. In particular, without limiting the foregoing, the Software cannot be downloaded, exported or re-exported into (or to a national or resident
of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or to anyone on the United States Treasury Department's list of Specially Designated Nationals, the United States Commerce Department's Entity List, or the United States Commerce Department's Denied Parties list. You agree to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use this Software.
10. HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, intended, or licensed for use in line control equipment or in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Without limiting the generality of the foregoing, BIGSITE and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
11. U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and any accompanying documentation are "Commercial Items", as that term is defined at 48 CFR Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 CFR Sections 12.212 and 227.7202, as applicable. Consistent with 48 CFR Sections 12.212 or 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. Unpublished rights reserved under the copyright laws of the United States. Manufacturer is BIGSITE Software, http://www.BIGSITE.com.
Your license to use the Software shall become effective on the date you agree to the terms and conditions of this License Agreement. Your license to use the Software shall terminate automatically if you fail to comply with the limitations described in this License Agreement. No notice shall be required from BIGSITE to effectuate such termination. Upon expiration or termination of this License Agreement for any reason, you shall make no further use of the Software and shall destroy all copies of the Software and all of its component parts on all systems, in all forms, in all types of media and computer memory, and whether or not modified or combined with other materials.
13. GENERAL PROVISIONS
This License Agreement is governed by the laws of the State of IA, U.S.A., excluding its or any other jurisdiction's choice of law rules and excluding the United Nations Convention for Contracts for the International Sale of Goods, and you further consent to the exclusive jurisdiction by the state and federal courts sitting in the State of IA for any dispute regarding this License Agreement. This License Agreement gives you specific legal rights; you may have others which vary from state to state and from country to country. BIGSITE reserves all rights not specifically granted in this License Agreement.
This License Agreement will not be modified except by a properly executed written agreement. Any terms and conditions of any purchase order or other instrument issued by you in connection with this License Agreement which are in addition to, inconsistent with or different from the terms and conditions of this License Agreement will be of no force or effect.
If any provision of this License Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.
Failure by either party at any time to enforce any obligation by the other party, to claim a breach of any term of this License Agreement or to exercise any power agreed to hereunder will not be construed as a waiver of any right, power or obligation under this License Agreement, will not affect any subsequent breach, and will not prejudice either party as regards any subsequent action.
Except as expressly permitted hereby, you may not assign any rights or obligations under this License Agreement without the prior consent of BIGSITE.
The provisions of this License Agreement that by their nature and content are intended to survive the performance hereof shall so survive the completion and termination of this License Agreement.
IF YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, please press the "I ACCEPT THE LICENSE AGREEMENT" button below. This will be the legal equivalent of your signature on a written contract, and equally binding. You must agree to these terms and conditions in order to download and install the Software. If you do not agree with
these terms and conditions, you should press the "EXIT" button below to exit this download process, as BIGSITE is unwilling to license the Software to you in such case.