IMPORTANT: CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE CLICKING ON "Yes".
By installing Save Butt, you are implicitly accepting the following terms and conditions:
1. LICENSE. PGSoft, Inc. hereby grants you a nonexclusive license to use Save Butt ("Program") subject to the terms and restrictions set forth in this License Agreement.
2. COPYRIGHT. This Program and its documentation are protected by U.S. and international copyright provisions and may contain confidential information and trade secrets of PGSoft, Inc. You may not copy or otherwise reproduce any part of the Program or its documentation, except that you may load the Program into the Equipment (as defined below) as an essential step in executing the Program on the Equipment, and as otherwise explicitly stated in this License Agreement.
3. BACK-UP COPIES. You may produce one copy of the Program onto any machine readable form for back-up purposes only in support of the use of this Program as specified in this License Agreement. You must reproduce and include the copyright notice and trademarks on the back-up copy exactly as they are displayed on the original copy.
4. RESTRICTIONS ON USE AND TRANSFER. The original and back-up copy of the Program and its documentation are solely and exclusively for use on a single computer ("Equipment"). You may not use the Program in connection with any equipment other than the Equipment. You may not electronically transfer the Program from one computer to another over a network or as part of a time-sharing service. You may not distribute copies of the Program or documentation to others. You may transfer this license together with the original and back-up copy of the Program and its documentation, provided that you give prior written notice to PGSoft, Inc. and that the transferee agrees to be bound by the terms of this License Agreement. Neither the Program nor its documentation may be modified. YOU MAY NOT USE, COPY, MODIFY, REVERSE ENGINEER, RENT, OR TRANSFER THE PROGRAM OR DOCUMENTATION OR ANY COPY EXCEPT AS EXPRESSLY PROVIDED IN THIS LICENSE AGREEMENT.
5. TITLE. PGSoft, Inc. reserves all right and title to this Program and to the documentation. You have purchased only a license to use this copy of the Program and the documentation. PGSOFT, INC. OWNS THIS COPY AND ALL BACK-UP COPIES OF THE PROGRAM, AND YOU HAVE ONLY THE LIMITED RIGHTS GRANTED BY THIS LICENSE. YOU DO NOT OWN ANY COPIES OF THE PROGRAM OR THE DOCUMENTATION.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. The Program includes commercial computer software and commercial computer software documentation developed exclusively at private expense by PGSoft, Inc., 510 Lighthouse Avenue, Pacific Grove, California 93950. U.S. Government rights to use, modify, reproduce, release, perform, display, or disclose this computer software and computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2) (June 1995) and/or subject to the restrictions of DFARS 227.7202-1(a) (June 1995) and DFARS 227.7202-3(a) (June 1995), as applicable for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (June 1987) and/or subject to the restricted rights provisions of FAR 52.227-14 (June 1987) and FAR 52.227-19 (June 1987), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.
7(a). DISCLAIMER OF WARRANTY ON PROGRAM. If PGSoft's Save Butt doesn't work, tough. If you lose millions because Save Butt messes up, it's you that's out the millions, not us. If you don't like this disclaimer, tough. We reserve the right to do the absolute minimum provided by law, up to and including nothing. This is basically the same disclaimer that comes with all software packages, but ours is in plain English and theirs is in legalese. We didn't really want to include any disclaimer at all, but our lawyers insisted. Ok, we were just seeing if you were reading this license agreement. The real paragraph is below.
7(b). DISCLAIMER OF WARRANTY ON PROGRAM. The Program is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PROGRAM IS ASSUMED BY YOU. PGSOFT, INC. DOES NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED BY USE OF THIS PROGRAM. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND NOT PGSOFT, INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, AND CORRECTION.
8. LIMITATION OF LIABILITY. NEITHER PGSOFT, INC. NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PROGRAM SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE, RESULTS OF USE, OR INABILITY TO USE THIS PROGRAM, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
9. TERM. This license is effective until terminated. You may terminate it by destroying the Program and documentation and all copies thereof. This license will also terminate if you fail to comply with any term or condition of this License Agreement. You agree upon such termination to destroy all copies of the Program and documentation.
10. ACKNOWLEDGEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS LICENSE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PGSOFT, INC. AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.
11. GENERAL. This License Agreement will be governed by the laws of the State of California. If any provision of this License Agreement is held unenforceable, the remainder of this License Agreement shall continue in full force and effect.
