BitHeadz, Inc.

Unity Session Software End User License Agreement For One Computer

WARNING:
BitHeadz, Inc. (“BitHeadz”) is willing to grant a non-exclusive license of this software (“SOFTWARE”) to you (“LICENSEE”) only upon the condition that you accept and agree to all of the terms contained in this license agreement (“AGREEMENT”).  The term SOFTWARE shall also include any and all modified versions, version updates, and upgrades of the SOFTWARE licensed to you by BitHeadz.  PLEASE READ THE TERMS CAREFULLY BEFORE INSTALLING THIS SOFTWARE AS INSTALLING THE SOFTWARE WILL INDICATE YOUR COMPLETE ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS:

1. USE OF THE SOFTWARE:
The SOFTWARE is licensed only to you the LICENSEE.  This license is not transferred to anyone without the prior written permission of BitHeadz.  Any authorized transferee of the SOFTWARE shall be bound by the terms and conditions of this AGREEMENT.  In no event may you transfer, assign, rent, lease, sell, or otherwise dispose of the SOFTWARE on a temporary or permanent basis except as expressly provided herein. 

This license allows you to: 
(a) use the SOFTWARE only on a single computer at a single location at a time;
(b) physically transfer the SOFTWARE from one computer to another provided that it is used on only one computer at a time and that you remove any copies of the SOFTWARE from the computer from which the program is being transferred;
(c) make one (1) copy of the SOFTWARE solely for backup purposes.  You must reproduce and include the copyright notice on the backup copy.

YOU MAY NOT:
(a) distribute copies of the SOFTWARE or any written documentation to any other person or entity;
(b) loan, rent, lease, resell for profit , create derivative works based on the SOFTWARE or any part thereof, or grant any form of sub-license of any rights to the SOFTWARE;
(c) electronically transfer the SOFTWARE from one computer to another over a network;
(d) provide use of the SOFTWARE in a multiple user arrangement without the prior written consent of BitHeadz.

2. COPYRIGHT
The SOFTWARE is owned by BitHeadz.  Its structure, organization and code are the valuable trade secrets and intellectual property of BitHeadz.  This SOFTWARE is protected by United States Copyright Law and International Treaty provisions.  You agree not to modify, translate, reverse engineer, disassemble, decompile, create derivative works, or otherwise attempt to discover the source code of the SOFTWARE.  You also agree not to modify, translate, reverse engineer, disassemble, or create derivative works of the written documentation without prior written permission of BitHeadz.

3. NO WARRANTY
THE SOFTWARE AND ACCOMPANYING WRITTEN DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) ARE BEING DELIVERED TO YOU ‘AS IS’ AND BITHEADZ CANNOT AND DOES NOT MAKE ANY WARRANTY AS TO ITS USE OR PERFORMANCE.  FURTHERMORE, BITHEADZ MAKES NO GUARANTEE OR REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR THE WRITTEN DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.  THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU THE LICENSEE. UNDER NO CIRCUMSTANCES WILL BITHEADZ OR ITS SUPPLIERS  BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR LOST SAVINGS, OR FOR ANY CLAIM BY ANY THIRD PARTY EVEN IF BITHEADZ OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

4. ENTIRE AGREEMENT
This AGREEMENT will be governed by the laws of the State of Rhode Island excluding the application of its conflicts of law rules. This AGREEMENT will not be governed by the United Nations Convention for the international Sale of Goods, the application of which is expressly excluded.  You acknowledge that you have read this AGREEMENT, understand it, and that it is the complete and exclusive statement of your agreement with BitHeadz, and supersedes any prior written or oral agreement, and all other communications relating to the subject matter of this AGREEMENT.  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 other export laws, restrictions or regulations.

Unity Session and BitHeadz are trademarks of:

BitHeadz, Inc.
2850 South County Trail, Suite 1
East Greenwich, RI  02818
401-886-7045 (voice)
401-886-7049 (fax)
www.bitheadz.com

To accept this agreement, click ACCEPT and proceed with the installation.

To decline this agreement, click DECLINE.  You will not be able to use the software.