BY CLICKING ON THE "ACCEPT" BUTTON AT THE BOTTOM OF THIS PAGE, OR INSTALLING OR USING THIS SOFTWARE ONTO YOUR PALM POWERED DEVICE, YOU CONSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE "DECLINE" BUTTON, OR DISCONTINUE USE AND UNINSTALL THE APPLICATION FORM YOUR DEVICE.
BLUE NOMAD, LLC ("BLUE NOMAD") GRANTS TO YOU THE LICENSE FOR BACKUPBUDDYVFS. YOU WILL HAVE THE RIGHT TO USE THIS SOFTWARE IN OBJECT CODE ONLY. BLUE NOMAD MAY MODIFY THIS AGREEMENT AT ANY TIME.
TERMS OF AGREEMENT
1. License Grants.
License. Blue Nomad hereby grants to you a non-exclusive, non-transferable, worldwide, royalty-free right and license to use BackupBuddyVFS ("Software Product") in object code only. The right to use the Software Product includes solely the right to install and use the Software Product on a single Palm OS-based computing organizer.
Restrictions. The licenses granted to you under this Agreement do not permit (A) distributing or reproducing the Software Product; (B) modifying, translating, reverse engineering, decompiling, disassembling, or creating derivative works based on the Software Product; (C) removing any proprietary notices or labels on the Software Product, or (D) sublicensing the Software Product. You may use the Software Product on any computer solely for archival purposes.
Ownership. The Software Product is proprietary to Blue Nomad, and is protected by copyrights laws and international treaties. Unpermitted use of the Software Product is prohibited.
Documentation. You are entitled to electronic documentation of the Software Product by accessing the Blue Nomad Website at http://www.bluenomad.com.
Support Services. The Company may provide you with support services ("Support Services") related to the Software Product. Use of Support Services is governed by the Company policies and programs specified under http://www.bluenomad.com. Any supplemental software provided to you as part of the Support Services shall be considered to be a part of the Software Product and will be subject to the terms and conditions of this Agreement. Blue Nomad may use the technical information you provide to Blue Nomad in connection with the Support Services for Blue Nomad's own business purposes.
2. Disclaimers of Warranties.
BLUE NOMAD DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT ANY STATE DOES NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, THESE LIMITATIONS MAY NOT APPLY.
YOU AGREE TO USE SOFTWARE PRODUCT AT YOUR SOLE RISK. BLUE NOMAD MAKES NO WARRANTY THAT SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT SOFTWARE PRODUCT OR OTHER SERVICES PROVIDED BY BLUE NOMAD WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NOR DOES BLUE NOMAD MAKE ANY WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED THROUGH SOFTWARE PRODUCT MEET YOUR NEEDS OR THAT DEFECTS IN THE SOFTWARE PRODUCTS WILL BE CORRECTED.
ANY MATERIAL AND/OR DATA YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE BLUE NOMAD WEBSITE COMES AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM BLUE NOMAD OR ITS EMPLOYEES OR AGENTS REGARDING SOFTWARE PRODUCT WILL CREATE ANY WARRANTY.
3. Limitation of Liability. BLUE NOMAD WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM SOFTWARE PRODUCT, INCLUDING WITHOUT LIMITATION LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THE LICENSES GRANTED HEREUNDER, EVEN IF BLUE NOMAD HAS BEEN ADVISED OF THE POSSILITY OF DAMAGES.
Some states do not allow the limitation of liability, so the foregoing may not apply to you.
4. Term; Termination; Indemnification.
Termination. If Blue Nomad, in its sole discretion, at any time determines that you have breached the provisions of this Agreement, Blue Nomad may immediately terminate this Agreement.
Effect of Termination. Upon termination or expiration of this Agreement, all licenses granted hereunder shall terminate. Upon termination, you must destroy all copies of the Software Product.
No Waiver. The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of such provision. The rights of Blue Nomad under this Agreement are in addition to any other rights and remedies provided by law or under this Agreement.
Remedies. You acknowledge that breach by you of any provisions of this Agreement would cause irreparable harm to Blue Nomad, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which Blue Nomad may be entitled, Blue Nomad may seek immediate injunctive relief in the event of a breach by you or any provisions hereof.
Indemnification. In the event of breach by you of this Agreement, you will indemnify Blue Nomad, its officers, directors, employees and agents for all losses, damages, liabilities, costs and expenses (including actual attorney's fees and all related costs) which Blue Nomad may sustain or incur as a result of your breach.
5. Miscellaneous.
Export Controls. None of the Software Product or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software Product, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
U.S. Government End Users. The Software is a "commercial item," as that term is defined in 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. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government End Users acquire the Software Product with only those rights set forth herein.
Assignment. Nothing stated in this Agreement permits you to transfer or otherwise assign your rights under this Agreement to any third parties.
Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California, U.S.A., without reference to conflicts of law principles.
Partial Invalidity. If any provision in this Agreement shall be found to be invalid or unenforceable in any jurisdiction in which this Agreement is being performed, the remainder of this Agreement shall be valid and enforceable and the parties shall negotiate in good faith, a substitute enforceable provision which most nearly effects the parties' intent in entering into this Agreement.
Notices. Notices under this Agreement to you will be provided either pursuant to written notice or pursuant to e-mail correspondence.
