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Give us a shoutNOTICE: THIS PRODUCT LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (INDIVIDUAL OR ENTITY) AND BLUFYRE MEDIA INC. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE PRODUCT. IT PROVIDES A LICENSE TO USE THE PRODUCT AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY DOWNLOADING, INSTALLING OR USING THE PRODUCT, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE PRODUCT LICENSE AND AGREEING TO BECOME BOUND BY THE TERMS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE PRODUCT, AS YOU MAY NOT USE THE PRODUCT.
Developer - refers to BluFyre Media Inc. and its authorized representatives.
Customer - refers means the person or entity that purchases, receives and/or uses the Product.
Product - refers to the product, software or code supplied by BluFyre Media Inc., which may include add-on modules, documentation, associated media, printed materials, and online and electronic documentation.
License - refers to this Product License, otherwise known as a EULA (End User License Agreement) and the provisions, and rights therin.
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Product. The Product is licensed, not sold.
This License grants you the following rights:
The Customer may not transfer this License, Product or any rights granted hereunder without the prior written consent of the Developer
In the event that the Customer fails to comply with this License, the Developer may terminate the License and require that the Customer must destroy all copies of the Product. Failure of the Customer to comply will result in legal action.
If this copy of the Product is an upgrade from an earlier version of the Product, it is provided to the Customer on a license exchange basis. The Customer agrees that by installation and use of this upgraded version of the Product, to voluntarily terminate the earlier License and that the Customer will not continue to use the earlier version of the Product or transfer it to another person or entity.
The foregoing license gives the Customer limited rights to use the Product. The Developer retains all right, title and interest, including all copyrights, in and to the Product and all copies thereof. All rights not specifically granted in this License, including Federal and International Copyrights, are reserved by the Developer. The Product and the related documentation remain at all times the sole and exclusive property of the Developer.
DISCLAIMER OF WARRANTIES - THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS. THE DEVELOPER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DEVELOPER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF THE DEVELOPER HAS BEEN ADVISED BY the Customer OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF THE PRODUCT MALFUNCTIONS FOR ANY REASON, DEVELOPER SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF BUSINESS, LOSSES OF PROFITS OR INCOME, OR ANY BUSINESS INTERRUPTIONS DUE TO SUCH MALFUNCTIONS.
Indemnity - (a) Customer agrees to defend, indemnify and hold Developer harmless from and against any and all claims, obligations, losses, liabilities and expenses (including reasonable attorneys' fees and costs) incurred by Developer arising from or due to claims made by third parties (including customers of the Customer) that are related to or arising out of: (a) false advertising claims against Customer (or customers of the Customer), (b) liability claims for products or services sold by the Customer (or the Customer's customers) any other transactions between the Customer and third parties.
Liability of the Customer - Any modifications, mistakes, accidents, omissions, interruptions, delays, errors or defects in the Product which are caused or contributed to, directly or indirectly, by an act or omission of the Customer, shall not result in the imposition of any liability upon the Developer.
Applicable Law - This License shall be governed by and construed and take effect in all respects in accordance with the laws of the province of Alberta, Canada and any action hereunder shall take place in the city of Edmonton, Alberta, Canada.
Waiver - Any failure by the Customer or Developer to insist on compliance or enforcement of any provision of this License shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this License.
Arbitration - Should any dispute, difference or claim arise between either the Customer or the Developer in relation to this License which cannot be amicably resolved, the matter shall be resolved by binding arbitration in accordance with the laws of the province of Alberta, Canada and the then current Rules of Procedure for Commercial Arbitration of the ADR Institute of Canada, Inc. (www.amic.org) ("Institute"). The arbitration tribunal shall consist of three (3) arbitrators chosen by the parties from a slate of eight (8) proposed arbitrators provided by the Institute. If the parties are unable to agree on all three arbitrators within seven (7) days after receipt of the slate provided by the Institute, the Institute shall appoint the number of arbitrators the parties have been unable to agree upon from the slate. The decision of the tribunal shall be final and binding and no appeal shall lie therefrom. The tribunal shall have the power to order one party to contribute to the reasonable costs and expenses of the other party, or to pay all or any portion of the costs of the arbitration, as the panel determines in its discretion.
By purchasing or using the Product, the Customer acknowledges and agrees that there shall be absolutely no refunds for any reason whatsoever, including, but not limited to, failure to install the program, a change in market conditions, a change in business or website strategy, a claim that the Product does not suit the Customer's needs or is not what the Customer expected, modifications of the source code implemented by Customer that alter the functionality of the Product or that are not in accordance with the documentation accompanying the Product, the unavailability of the Developer for customizations to the Product, or for any other reason.
The terms set forth in this License are fundamental elements necessary for an agreement between the Customer and the Developer. The Developer would not be able to provide the Product economically without such an agreement.
By using the Product, the Customer acknowledges having read this license and agree to be bound thereby.
Last Updated: May 4, 2017