Terms & Conditions
TERMS AND CONDITIONS
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY CLICKING THE CHECK BOX NEXT TO "I HAVE READ AND AGREE TO THE TERMS AND CONDITIONS".
"You" means the person or company who is being licensed to use the Software or Documentation. "We," "us" and "our" means Berkeley Madonna, Inc.
We hereby grant you a nonexclusive license to use one copy of the Software per license key, within the following restrictions:
(i) You may use a registered (unrestricted, fully functional) version of the Berkeley Madonna Software on any single computer, provided the Software is in used on only one computer at any time. If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time, then that person may also use the Software on a portable or home computer.
(ii) You may use an unregistered (functionally or time-limited) trial version of the Software on any number of computers.
This license does not entitle you to receive from us hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Software
We remain the owner of all right, title and interest in the Software and related explanatory written materials ("Documentation").
Archival or Backup Copies
You may copy the Software for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above.
Things You May Not Do
The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material—for example, a book.
· You may not copy the Documentation,
· You may not copy the Software except to make archival or backup copies as provided above,
· You may not modify or adapt the Software or merge it into another program,
· You may not reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,
· You may not place the Software onto a server so that it is accessible via a public network such as the Internet, or
· You may not sublicense, rent, lease or lend any portion of the Software or Documentation.
You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer.
DISCLAIMER OF WARRANTY.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY YOU. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU, AND NOT BERKELEY MADONNA INC. OR OUR AFFILIATES OR THEIR RESPECTIVE SUPPLIERS OR RESELLERS, ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
LIMITATION OF LIABILITY.
Our entire liability and your exclusive remedy for under any provision of this agreement shall be to return the price you paid.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU
High Risk Activities.
The Product is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, of the software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities").
Accordingly, we and our suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that we and our suppliers will not be liable for any claims or damages arising from the use of the Product in such applications.
Term and Termination
This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.
The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
1. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
2. This license agreement may be modified only by a writing signed by you and us.
3. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
4. This license agreement is governed by the laws of the State of California
5. You agree that the Software 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.