NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
1. LICENSE GRANT. Borrowed Time, Inc. ("BTI") grants you a license to use one copy of the version of this SOFTWARE on any systems for as long as you wish. "You" means the company, entity or individual who downloaded and/or installed the software. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features. This license is not transferable to any other system, or to another organization or individual.
2. OWNERSHIP. The SOFTWARE is owned and copyrighted by BTI. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.
3. COPYRIGHT. The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of BTI and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
4. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.
5. NO OTHER WARRANTIES. BTI DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. BTI DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
6. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL BTI OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF BTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BTI' LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
8. You agree that you will defend, indemnify and hold BTI harmless against any claims or liabilities arising out of the use, misuse, distribution or execution of any BTI product including claims brought against you for the use of such software. You further agree to hold harmless and protect BTI against any such civil claims which will be paid by licensee including court costs and judgements against BTI.
9. GOVERNING LAW. This license will be governed by the laws of the State of Texas as they are applied to agreements between Texas residents entered into and to be performed entirely within Texas. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
10. REFUNDS. Refunds will be made only in very extreme circumstances and on a case-by-case basis AFTER ALL OTHER ATTEMPTS OF RECTIFYING THE PROBLEM HAS FAILED. Refunds and liability will not exceed the purchase price of the BTI Product in question.
11. ENTIRE AGREEMENT. This is the entire agreement between you and BTI which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.
SUMMARY:
In plain English, this license states that: 1) You knowingly accept all terms and responsibilities of downloading, installing and using this software; 2) You agree not to hold BTI, nor its suppliers, resellers, agents, associates or partners responsible for any mishaps arising from the use of said downloaded software including but not limited to failures in workmanship, data loss, system crashes, individual or employee lawsuits, or any other mishaps or acts that arise from use of this software; and 3) You agree that BTI owns the downloaded software as intellectual property and you shall not modify it in any way.
If the downloaded software causes any problems including data loss, corruption, your computer blows up, etc. and so forth, tough. This means YOU ASSUME ALL RISKS AND FORFEIT ANY AND ALL RIGHTS AGAINST BTI BY DOWNLOADING AND INSTALLING SAID SOFTWARE.
