Product License - End User License Agreement
NOTICE: THIS PRODUCT LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (INDIVIDUAL OR ENTITY) AND BLUFYRE MEDIA. 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 INSTALLING AND USING THE PRODUCT, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE PRODUCT 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" means BluFyre Media and its authorized representatives.
"The Client" means the person or entity that purchases and/or uses the Product.
"Product" means the product or software supplied by BluFyre Media, which may include add-on modules, documentation, associated media, printed materials, and online and electronic documentation.
"License" means the Product License, otherwise known as a EULA (End User License Agreement).
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:
- You may; install and use the Product on ONE domain.
- You may; make a copy of the Product in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and license references or documents on the original copy of the Product.
- You may; make modifications to the Product pursuant to the terms and conditions in section four of this document and for your sole use only.
Product & License Restrictions
- Other than as set forth above, you may not make, distribute, sub-license, rent, lease, lend, resell or otherwise transfer (for value and not for value) any portion of the Product to any other person or entity.
- The Client shall not remove, alter or obliterate any copyright notices found in the Product or its source code.
- The Client shall ensure that its personnel, including any consultants, staff, contractors and third-parties that have been granted access, comply with all of the terms and conditions of this License and shall be liable for any breaches thereof.
- The Client shall not reverse engineer, decompile, disassemble, or otherwise reduce the Product to human readable form.
- BluFyre Media is not liable for any custom modifications you do. By making modifications to the Product, you waive any support rights which you may have been entitled to before making such changes.
You may not transfer this License, Product or any rights granted hereunder without the prior written consent of BluFyre Media.
In the event that you fail to comply with this License, BluFyre Media may terminate the license and you must destroy all copies of the Product. Failure 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 you on a license exchange basis. You agree by your installation and use of this copy of the Product to voluntarily terminate your earlier License and that you will not continue to use the earlier version of the Product or transfer it to another person or entity.
The foregoing license gives you 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 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 client 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) The Client 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 Client) that are related to or arising out of: (a) false advertising claims against Client (or customers of The Client), (b) liability claims for products or services sold by The Client (or The Client's customers) any other transactions between The Client and third parties.
Liability of The Client - 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 Client, shall not result in the imposition of any liability upon the Developer.
Applicable Law - This agreement 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 party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
Arbitration - Should any dispute, difference or claim arise between either of the parties in relation to this agreement 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, you acknowledge and agree that there shall be absolutely no refunds for any reason whatsoever, including failure to install the program, a change in market conditions, a change in business or web site strategy, a claim that the Product does not suit your needs or is not what you expected, modifications of the source code implemented by The Client 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 Client and the Developer. The Developer would not be able to provide the Product economically without such an agreement.
By using the Product, you acknowledge having read this license and agree to be bound thereby.
Last Updated: September 21, 2010