White Barn Tech License Agreement
THIS IS A CONTRACT. PLEASE READ IT CAREFULLY. BY INSTALLING, USING OR COPYING THE SOFTWARE PROGRAM YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY, OR USE THE SOFTWARE PROGRAM.
THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE PROGRAM BETWEEN YOU AND White Barn Tech.
1. LICENSE GRANT. White Barn Tech (referred to as "Licensor"), hereby grants to you, free use of TileLogic VIEWER. It may be copied as needed for your use or your company's use. You agree that you will not assign, sub license, transfer, pledge, lease, rent, or share your rights under this License Agreement. You agree to not reverse engineer, decompile, or in anyway alter the Software Program executables. You agree not distribute your copies of this software, other than may be authorized by Licensor, an then only as part of the original installation package.
2. LICENSOR'S RIGHTS. You acknowledge and agree that the Software Program consists of proprietary, unpublished products of Licensor, protected under U.S. copyright law and trade secret laws of general applicability. You further acknowledge and agree that all right, title, and interest in and to the Software Program are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to the Software Program, but only a limited right of use revocable in accordance with the terms of this License Agreement.
3. LICENSE FEES. TileLogic VIEWER is free of charge.
4. TERM. This License Agreement is effective upon your installation, copy or use of this Software Program and shall continue until terminated. Licensor may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to return to Licensor the Program and all copies and portions thereof.
5. LIMITED WARRANTY. THE SOFTWARE PROGRAM, AND THE SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS", AND LICENSOR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. White Barn Tech DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE.
6. UPGRADE POLICY. White Barn Tech may create, from time to time, update versions of the Software Program. At its option and at such a fee as White Barn Tech may determine, White Barn Tech may make such updates available to the Licensee.
7. LIMITATION OF LIABILITY. Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Licensor for the use of the Software Program. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. SEVERABILITY. Should any court of competent jurisdiction declare any term of this License Agreement void or unenforceable, such declaration shall have no effect on the remaining terms hereof.
9. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software Program and Documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph ((c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.277-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is White Barn Tech.
