BrightQ™ v1.6 End User License Agreement (EULA)

BrightQ™ v1.6 End User License Agreement (EULA)
End User License Agreement
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY
PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED
IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 5;
AND LIABILITY IN SECTION 7. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE
LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE,
DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA
(e.g. CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT
ACCEPT THIS AGREEMENT DO NOT USE THIS SOFTWARE.
1. Definitions. "Software" means (a) all of the contents of the
files, disk(s), CD-ROM(s) or other media with which this Agreement
is provided, including but not limited to (i) Codehost or third
party computer information or software; (ii) related explanatory
written materials or files ("User Manual"); and (iii) fonts; and
(b) upgrades, modified versions, updates, additions, and copies of
the Software, if any, licensed to you by Codehost (collectively,
"Updates"). "Use" or "Using" means to access, install, download, copy
or otherwise benefit from using the functionality of the Software in
accordance with the Documentation. "Permitted Number" means one (1)
unless otherwise indicated under a valid license (e.g. volume license)
granted by Codehost. "Computer" means an electronic device that accepts
information in digital or similar form and manipulates it for a specific
result based on a sequence of instructions. "Codehost" means Codehost,
Inc., 8671 Hayden Place, Culver City, California 90232.
2. Software License. As long as you comply with the terms of this End
User License Agreement (this "Agreement"), Codehost grants to you a
non-exclusive license to Use the Software for the purposes described in
the User Manual. Some third party materials included in the Software
may be subject to other terms and conditions, including the General
Public License, which are typically found in a "Read Me" file located
near such materials.
2.1. General Use. You may install and Use a copy of the Software on your
compatible computer.
2.2 Backup Copy. You may make one backup copy of the Software, provided
your backup copy is not installed or used on any computer. You may not
transfer the rights to a backup copy unless you transfer all rights in
the Software as provided under Section 4.
3. Intellectual Property Rights. The Software and any copies that you
are authorized by Codehost to USE are the intellectual property of and
are owned by Codehost, Inc., and its suppliers, with the exception of
any code that falls under the GNU General Public License (please refer
to section 13 of the End User License Agreement). Aside from open-source
code, the structure, organization and code of the Software are the valuable
trade secrets and confidential information of Codehost, Inc. The Software
is protected by copyright, including without limitation by United States
Copyright Law, international treaty provisions and applicable laws in the
country in which it is being used. You may not copy the Software, except
as set forth in Section 2 ("Software License"). Any copies that you are
permitted to make pursuant to this Agreement must contain the same copyright
and other proprietary notices that appear on or in the Software. Unless
specifically and expressly permitted by Codehost or a valid open-source
license, you agree not to modify, adapt or translate the Software. You
also agree not to reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code of the non-open source Software
except to the extent you may be (1) expressly permitted to decompile
under applicable law (please refer to section 14), or (2) it is essential
to do so in order to achieve operability of the Software with another
software program, and (3) you have first requested Codehost to provide
the information necessary to achieve such operability and Codehost has
not made such information available. Codehost has the right to impose
reasonable conditions and to request a reasonable fee before providing
such information. Any information supplied by Codehost or obtained by
you, as permitted hereunder, may only be used by you for the purpose
described herein and may not be disclosed to any third party or used to
create any software which is substantially similar to the expression of
the Software. Requests for information should be directed to the Codehost
Customer Support Department. Trademarks shall be used in accordance with
accepted trademark practice, including identification of trademarks
owners' names. Trademarks can only be used to identify printed output
produced by the Software and such use of any trademark does not give you
any rights of ownership in that trademark. Except as expressly stated
herein, this Agreement does not grant you any intellectual property
rights in the Software and all rights not expressly granted herein are
reserved by Codehost.
4. Transfer. You may not, rent, lease, sublicense or authorize all or any
portion of the Software to be copied onto another user's computer except
as may be expressly permitted herein. You may, however, transfer all your
rights to Use the Software to another person or legal entity provided
that: (a) you also transfer each this Agreement, the Software and all
other software or hardware bundled or pre-installed with the Software,
including all copies, Updates and prior versions, and all copies of font
software converted into other formats, to such person or entity; (b) you
retain no copies, including backups and copies stored on a computer; and
(c) the receiving party accepts the terms and conditions of this Agreement
and any other terms and conditions upon which you legally purchased
a license to the Software. Notwithstanding the foregoing, you may not
transfer education, pre-release, or not for resale copies of the Software.
5. NO WARRANTY. The Software is being delivered to you "AS IS" and
Codehost makes no warranty as to its use or performance. CODEHOST AND
ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU
MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION,
REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT
BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION,
CODEHOST AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS,
OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM,
USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION
NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION,
SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
6. Pre-release Product Additional Terms. If the product you have received
with this license is pre-commercial release or beta Software ("Pre-release
Software"), then the following Section applies. To the extent that any
provision in this Section is in conflict with any other term or condition
in this Agreement, this Section shall supercede such other term(s)
and condition(s) with respect to the Pre-release Software, but only to
the extent necessary to resolve the conflict. You acknowledge that the
Software is a pre-release version, does not represent final product from
Codehost, and may contain bugs, errors and other problems that could cause
system or other failures and data loss. Consequently, the Pre-release
Software is provided to you "AS-IS", and Codehost disclaims any warranty
or liability obligations to you of any kind. WHERE LEGALLY LIABILITY
CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED,
CODEHOST'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE
SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge that Codehost
has not promised or guaranteed to you that Pre-release Software will
be announced or made available to anyone in the future, that Codehost
has no express or implied obligation to you to announce or introduce
the Pre-release Software and that Codehost may not introduce a product
similar to or compatible with the Pre-release Software. Accordingly, you
acknowledge that any research or development that you perform regarding
the Pre-release Software or any product associated with the Pre-release
Software is done entirely at your own risk. During the term of
this Agreement, if requested by Codehost, you will provide feedback to
Codehost regarding testing and use of the Pre-release Software, including
error or bug reports. If you have been provided the Pre-release Software
pursuant to a separate written agreement, your use of the Software is also
governed by such agreement. You agree that you may not and certify that
you will not sublicense, lease, loan, rent, or transfer the Pre-release
Software. Upon receipt of a later unreleased version of the Pre-release
Software or release by Codehost of a publicly released commercial
version of the Software, whether as a stand-alone product or as part of
a larger product, you agree to return or destroy all earlier Pre-release
Software received from Codehost and to abide by the terms of the End
User License Agreement for any such later versions of the Pre-release
Software. Notwithstanding anything in this Section to the contrary,
if you are located outside the United States of America, you agree that
you will return or destroy all unreleased versions of the Pre-release
Software within thirty (30) days of the completion of your testing of
the Software when such date is earlier than the date for Codehost's
first commercial shipment of the publicly released (commercial) Software.
7. LIMITATION OF LIABILITY. IN NO EVENT WILL CODEHOST OR ITS SUPPLIERS
BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY
CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR
LOST SAVINGS, EVEN IF A CODEHOST REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY
ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE
EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. CODEHOST'S
AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION
WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE,
IF ANY. Nothing contained in this Agreement limits Codehost's liability
to you in the event of death or personal injury resulting from Codehost's
negligence or for the tort of deceit (fraud). Codehost is acting on behalf
of its suppliers for the purpose of disclaiming, excluding and/or limiting
obligations, warranties and liability as provided in this Agreement, but
in no other respects and for no other purpose. For further information,
please see the jurisdiction specific information at the end of this
Agreement, if any, or contact Codehost's Customer Support Department.
8. Export Rules. 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 (collectively the "Export Laws"). In addition,
if the Software is identified as export controlled items under the Export
Laws, you represent and warrant that you are not a citizen, or otherwise
located within, an embargoed nation (including without limitation Iran,
Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you
are not otherwise prohibited under the Export Laws from receiving the
Software. All rights to Use the Software are granted on condition that
such rights are forfeited if you fail to comply with the terms of this
Agreement.
9. Governing Law. This Agreement will be governed by and construed
in accordance with the substantive laws in force in the State of
California. This Agreement will not be governed by the conflict of
law rules of any jurisdiction or the United Nations Convention on
Contracts for the International Sale of Goods, the application of which
is expressly excluded.
10. General Provisions. If any part of this Agreement is found void
and unenforceable, it will not affect the validity of the balance of
the Agreement, which shall remain valid and enforceable according to
its terms. This Agreement shall not prejudice the statutory rights of
any party dealing as a consumer. This Agreement may only be modified by
a writing signed by an authorized officer of Codehost. Updates may be
licensed to you by Codehost with additional or different terms. This is
the entire agreement between Codehost and you relating to the Software
and it supersedes any prior representations, discussions, undertakings,
communications or advertising relating to the Software.
11. Notice to U.S. Government End Users. The Software and Documentation
are "Commercial Items," as that term is defined at 48 C.F.R. §2.101,
consisting of "Commercial Computer Software" and "Commercial Computer
Software Documentation," as such terms are used in 48 C.F.R. §12.212 or
48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or
48 C.F.R. §§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. Codehost, Inc., 8671 Hayden Place,
Culver City, California 90232, USA. For U.S. Government End Users,
Codehost agrees to comply with all applicable equal opportunity laws
including, if appropriate, the provisions of Executive Order 11246, as
amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance
Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act
of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through
60-60, 60-250, and 60-741. The affirmative action clause and regulations
contained in the preceding sentence shall be incorporated by reference
in this Agreement.
12. Compliance with Licenses. If you are a business or organization,
you agree that upon request from Codehost or Codehost's authorized
representative, you will within thirty (30) days fully document and
certify that use of any and all Software at the time of the request is
in conformity with your valid licenses from Codehost.
13. Exceptions. Any portion of the Software or any software distributed
alongside, attached to or part of the Software that is governed
by the GNU, General Public License or any license other than this
Agreement, shall abide by the provisions of such relevant licenses and
agreements. All such known licenses and agreements are typically provided
in the "Read Me" file.
If you have any questions regarding this Agreement or if you wish to
request any information from Codehost please use the address and contact
information included with this product to contact the Codehost office
serving your jurisdiction.
Codehost and BrightQ are either registered trademarks or filed trademarks
of Codehost, Inc. in the United States and/or other countries. 2004
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