End user agreement for BBPlayers
CONCURRENT USE LICENSE
This legal document is an agreement between you _________________________(end user) and B&B Systems. By using this B&B System product, you agree to become bound by the terms of this agreement.
1. GRANT OF LICENSE. In consideration of payment of the LICENSE fee, B&B Systems, as Licenser, grants to you, the LICENSEE, nonexclusive right to use this B&B System product (hereinafter the "SOFTWARE") on a single COMPUTER (i.e. single CPU) at a single location. If the single computer on which you use the SOFTWARE is a multi-user system, this license covers users for the site:__________________. Licensee is obligated to monitor the use of the software and limit such use to the agreed-upon number of concurrent users.
Server Use. To the extent that the applicable product invoicing or packaging sets forth, you may use the Software on a Client Device or as a server ("Server") within a multi-user or networked environment ("Server Use") for either (i) connecting, directly or indirectly, to not more than the maximum number of specified Client Devices, or (ii) deploying not more than the maximum number of agents (pollers) specified for deployment. If the applicable product invoicing or packaging does not specify a maximum number of Client Devices or pollers, this is a single product use license. A separate license is required for each Client Device or "seat" that may connect to the Software at any time, regardless of whether such licensed Client Devices or seats are connected to the Software concurrently, or are actually using the Software at any particular time. Your use of software or hardware that reduces the number of Client Devices or seats that connect to and use the Software directly or simultaneously (e.g., "multiplexing" or "pooling" software or hardware) does not reduce the number of licenses required. Specifically, you must have that number of licenses that would equal the number of distinct inputs to the multiplexing or pooling software or hardware "front end"). If the number of Client Devices or seats that can connect to the Software can exceed the number of licenses you have obtained, then you must have a reasonable mechanism in place to ensure that your use of the Software does not exceed the use limits specified for the license you have obtained. This license authorizes you to make or download one copy of the Documentation for each Client Device or seat that is licensed, provided that each such copy contains all of the proprietary notices for the Documentation.
2. OWNERSHIP As the LICENSEE, you own the magnetic or other physical media on which the SOFTWARE is originally or subsequently recorded. B&B Systems retains title and ownership of the SOFTWARE recorded on the original disk(s) and all subsequent copies of the SOFTWARE, regardless of the form or media, in or on which, the original and other copies may exist. This License is not a sale of the original SOFTWARE.
3. COPY RESTRICTIONS. This SOFTWARE and any accompanying written materials are copyrighted. Unauthorized copying of the SOFTWARE, or of any written materials is expressly forbidden. Subject to these restrictions, you may make copies of the SOFTWARE solely for backup, and not operational reasons. Copyright restrictions require that you reproduce and include the copyright notice on the backup copy.
4. USE RESTRICTIONS. As the LICENSEE, you may physically transfer the SOFTWARE from one computer to another provided that the SOFTWARE is used on only one computer at a time. You may not electronically copy the SOFTWARE from one computer to another. You may not distribute copies of the SOFTWARE or accompanying written materials to others. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the SOFTWARE. You may not modify, adapt, translate, or create derivative works based on the written materials without the prior written consent of B&B Systems.
5. TRANSFER RESTRICTIONS. This SOFTWARE is licensed only to you, the LICENSEE, and may not be transferred to anyone without the prior written consent of B&B Systems. Any authorized transferee of the SOFTWARE shall be bound by the terms and conditions of this Agreement. In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the SOFTWARE on a temporary or permanent basis except as expressly provided herein. Copyright restrictions require that if transfer should occur, the originals and all copies must be transferred.
6. TERMINATION. This License is effective until terminated. This license will terminate automatically without notice from B&B Systems if you fail to comply with any provision of this License. Upon termination you shall destroy the written materials and all original(s) and copies of the SOFTWARE.
7. UPDATE POLICY. B&B Systems may create from time to time, updated versions of the SOFTWARE. At its option, B&B Systems will make such updates available to the LICENSEE and transferees who have paid the license fee.
8. MISCELLANEOUS. This agreement is governed by the laws of the State of Wisconsin.
9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL B&B SYSTEMS OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL B&B SYSTEMS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE B&B SYSTEMS CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF B&B SYSTEMS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MIGHT NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
10. UNITED STATES GOVERNMENT. The Software and accompanying Documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.