End user agreement for Bankarama
END-USER LICENSE AGREEMENT
BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU AGREE TO BE BOUND BY THIS END USER LICENSE AGREEMENT (“EULA”). If You do not agree to the terms of this EULA, do not download, install or use the Software. This EULA is an agreement between you, the user (“You”) and Threedef, a Washington sole proprietorship (“Threedef”) for (i) the evaluation version of the Bankarama software (“Evaluation Software”) and (ii) after registration and payment of applicable fees, the fully functional version of the Bankarama software (“Full Software”) that accompanies this EULA, including any Updates (defined below). The Evaluation Software and Full Software each include any associated electronic documentation provided therewith. The Evaluation Software and Full Software are together referred to as the “Software.”
1. LICENSE GRANT. Subject to Your compliance with all of the terms and conditions of this EULA, Threedef grants to You the following personal, nonexclusive licenses to:
(a) install and use the Evaluation Software at no cost on one (1) personal computer solely for personal use;
(b) copy and distribute the Evaluation Software on a non-commercial basis to others, subject to this EULA,
(c) after payment of applicable fees and Threedef unlocking the Full Software functionality, install and use the Full Software at a cost on one (1) personal computer solely for personal use.
2. RESERVATION OF RIGHTS AND OWNERSHIP. Threedef reserves all rights not expressly granted to You in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Except as expressly set forth in this EULA, Threedef reserves all right, title, and interest in and to the Software.
3. LICENSE LIMITATIONS.
(a) No Reverse Engineering. You agree not to decompile, decipher, disassemble, reverse engineer or otherwise attempt to access the source code of the Software, except as expressly permitted by applicable law notwithstanding this limitation.
(b) No Rental or Transfer of the Full Software . You agree not to rent, lease, lend, transfer or otherwise provide the Full Software to any third party.
(c) No Commercial Use. You may not use or otherwise exploit the Software for commercial purposes without separate written agreement from Threedef.
4. PAYMENT. To access the Full Software and receive the rights set forth in Section 1(c) above, You must pay Threedef the amount set forth at the following link: http://www.bankarama.com.
5. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Software. The third party sites are not under the control of Threedef. Threedef is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites.
6. UPDATES. Threedef may, in its sole discretion, provide to You updates, supplements, or add-on components of the Software (“Updates”). If Threedef provides You any Updates, this EULA will apply to the Updates, unless Threedef provides such Updates to You with other written terms. Threedef reserves the right to discontinue, at any time, the provision of Updates, including any automatic Update service provided to You or made available to You through the use of the Software.
7. TERMINATION. If You do not comply with the terms and conditions of this EULA, this EULA shall automatically terminate. In the event of termination, You agree to immediately destroy all copies of the Software and Sections 2 and 7 - 14 shall survive.
8. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THREEDEF PROVIDES THE SOFTWARE AS IS AND WITH ALL FAULTS, AND THREEDEF HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER WHATSOEVER RELATING TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF REASONABLE CARE, OF A LACK OF VIRUSES, OR OF ACCURACY OR COMPLETENESS, ALL WITH REGARD TO THE SOFTWARE PROVIDED IN CONNECTION WITH THIS EULA. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE, REMAINS WITH YOU.
9. EXCLUSIONS OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THREEDEF BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF THREEDEF, AND EVEN IF THREEDEF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. LIMITATIONS OF LIABILITY. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF THREEDEF UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE FULL SOFTWARE. IF YOU ONLY USE THE EVALUTION SOFTWARE AND DO NOT REGISTER, PAY FOR, AND USE THE FULL SOFTWARE, YOU EXPLICITLY AGREE THAT YOU WILL NOT BE ABLE TO RECOVER DAMAGES FROM THREEDEF, AND THAT YOU USE THE SOFTWARE ENTIRELY AT YOUR OWN RISK. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
11. NO ASSIGNMENT. You may not assign Your rights under this EULA without Threedef’s prior written consent. Threedef may assign this EULA without restriction.
12. EXPORT RESTRICTIONS. You acknowledge that the Software is of United States origin. You agree to comply with all applicable United States and foreign laws, regulations, ruling, and executive orders that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. or other governments.
13. GOVERNING LAW. This EULA is governed by and construed in accordance with the laws of the State of Washington, and in respect to any dispute which may arise hereunder, You consent to exclusive jurisdiction and venue in the state and federal courts in King County, Washington. In any dispute arising out of or in connection with this EULA, the prevailing party shall recover reasonable attorneys’ fees and costs.
14. ENTIRE AGREEMENT. This EULA constitutes the entire agreement between You and Threedef with respect to the Software and merges all prior and contemporaneous communications and proposals, whether oral, written or electronic, between You and Threedef with respect to the Software. No waiver of any provision of this EULA will be effective unless it is in a signed writing, and no such waiver will constitute a waiver of any other provision(s) or of the same provision on another occasion. If a court of competent jurisdiction holds any term, covenant or restriction of this EULA to be illegal, invalid or unenforceable, in whole or in part, the remaining terms, covenants and provisions will remain in full force and effect and will in no way be affected, impaired or invalidated.
BY CLICKING ON THE “I AGREE” BUTTON OR DOWNLOADING THE SOFTWARE FROM THIS SITE, YOU AGREE TO BE BOUND BY THIS EULA FOR THE USE OF THE SOFTWARE. Please print a copy of this EULA for your records.
EULA version dated October 8, 2005.