Please read the following Agreement carefully; it outlines the terms and conditions of your limited, non-exclusive license to use the ΓÇ£Pop Secret 400ΓÇ¥ CD-ROM and all other materials and information contained herein (collectively, the ΓÇ£SoftwareΓÇ¥).
The Software is provided in part by ISC Publications, Inc. and its parent and affiliated companies (collectively, ΓÇ£ISCΓÇ¥) as a complimentary service to purchasers of ΓÇ£Pop SecretΓÇ¥ microwave popcorn, and may be accessed for personal informational and entertainment use only. We make no representations about the suitability of the Software for any other purpose.
By loading, accessing, and using the Software, you: (1) accept and agree to the terms and conditions of this Agreement; and (2) release ISC and any person or entity associated with ISC from any liability whatsoever related in any way to any use or inability to use the Software. If you do not accept all of this AgreementΓÇÖs terms with respect to your use of the Software, please do not access or use the Software. Use of the Software without accepting all of the terms of this Agreement is a violation of U.S. law and the proprietary rights of ISC, punishable by significant criminal and civil penalties.
Software Ownership
Except as otherwise noted, the Software is the exclusive property of ISC. The Software is copyrighted and protected by worldwide copyright laws and treaty provisions. The Software may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or otherwise distributed in any way or form without ISCΓÇÖs prior written consent. Except as expressly provided herein, ISC grants no express or implied rights to you under any patent, copyright, trademark, trade name, or trade secret.
The names, logos, and visual representations of racetracks contained within the Software are trademarks of ISC. Those items may be used publicly only with prior written permission from ISC. All other brands and names are the property of their respective owners.
Your Rights and Obligations
You may use one (1) copy of the Software on a single computer for your personal, non-commercial internal purposes only. This is a license, not a transfer of title or ownership, and is subject to the following restrictions. You may not (a) modify the Software or use it for any commercial purpose, (b) make any other public display, performance, sale, or rental of the Software, (c) decompile, reverse engineer, or disassemble the Software, (d) remove any copyright or other proprietary notices from the Software, or (e) transfer the Software or your rights under this Agreement to another person or party. You agree to take all necessary steps to prevent any unauthorized copying of the Software.
Termination
ISC may terminate this Agreement at any time if you are in breach of any of these terms. Upon termination, you will immediately discontinue all use of any and all copies of the Software and other materials related to the Software in your possession, and surrender or destroy all such items.
Links to Third Party Sites
The Software may contain links to Internet websites controlled by parties other than ISC. ISC is not responsible for the contents or use of these third party websites. These links are provided to you solely as a convenience, and the inclusion of any link does not imply endorsement by ISC of the linked site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other harmful or destructive elements.
Disclaimer and Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SOFTWARE AND ANYCOMMUNICATIONS MEDIUM USED THEREWITH (INCLUDING WITHOUT LIMITATION THE INTERNET). THE SOFTWARE IS PROVIDED ΓÇ£AS IS,ΓÇ¥ WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, INFORMATION ACCURACY, SECURITY OR CONFIDENTIALITY OF USE, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL ISC OR ANY PERSON OR ENTITY ASSOCIATED WITH ISC BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ANY HYPERLINKED WEBSITES, EVEN IF ISC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF ISC OR ANY PERSON OR ENTITY ASSOCIATED WITH ISC TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED ANY AMOUNT ACTUALLY PAID BY YOU TO ISC, IF ANY, UNDER THE TERMS OF THIS AGREEMENT.
Goods and services neither manufactured nor rendered by ISC are the sole responsibility of the manufacturer or provider of those goods or services; ISC bears no responsibility for those goods or services. ISC does not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained within the Software.
Entire Agreement
This Agreement constitutes the entire agreement between you and ISC, and supercedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Software.
Applicable Law
ISC makes no representations that the Software and/or any hyperlinked websites are appropriate or available for use outside the continental United States of America. Access and use to the Software and/or any hyperlinked websites from territories where the contents thereof are illegal is prohibited. Those who choose to access the Software and/or any hyperlinked websites from outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Software in violation of any U.S. export law or regulation.
This Agreement and any claim related in whole or in part to this Agreement or the Software, shall be governed by and construed in accordance with the substantive law of the State of Florida, applied without regard to its choice of law rules. All legal proceedings related in whole or in part to this Agreement or your use or inability to use the Software shall be brought only in the state or federal courts of the Middle District of Florida.
