END USER LICENSE AGREEMENT
1. Definitions. The following definitions apply to the terms as they appear in this License: · "BE" means Byte Enchanters 2. Terms of License. The Program is licensed by BE to you subject to the terms of this Agreement. BE grants you a nonexclusive license to:
You are responsible for obtaining your own Internet access and any related long distance charges (if any). Once serial numbers have been obtained from BE, the license to run the Program in Full Functionality Mode may be assigned to an individual or a computer, i.e, a single individual may use the Program in several locations, or several persons may sequentially run the Program on the same computer. 3. Copyright and Other Restrictions. The Program is owned by BE and is protected by the local copyright laws and international treaty provisions. BE retains all rights not expressly granted. None of the components of the Program (including the documentation) may be copied, removed or altered, in whole or part, for any unauthorized use. 4. Rules of the BE System. To ensure an enjoyable experience for as many people as possible, you agree to comply with generally accepted standards of proper online behavior. BE reserves the right to determine, in its sole discretion, what constitutes generally accepted standards of online behavior and may, without notice and at any time, suspend or terminate your access to the Legal Crime System. You may not engage in conduct or communication while using the Legal Crime System which is unlawful or which restricts or inhibits any other user from using or enjoying the Legal Crime System. You agree to use the Legal Crime System only for lawful purposes. Set forth below are some common examples of impermissible conduct. This list is not exhaustive. BE reserves the right, but does not assume the responsibility, to restrict conduct which BE deems in its discretion to be harmful to individual users, damaging to the communities which use the Legal Crime System, or in violation of BE's or any third party's rights. You acknowledge, however, that communication over the Legal Crime System and the Internet often occurs in real-time and BE cannot, and does not intend to, screen communication in advance. 5. Agreement. This Agreement comprise the entire agreement between BE and you, and supersedes any prior agreements between you and BE with respect to the subject matter hereof or thereof. However, you are subject to any additional terms and conditions of which you are notified and/or which may apply when using third party content, software or Legal Crime system. BE may revise this Agreement at any time, and such revision shall be effective thirty (30) days after posting of the revised Agreement at this location. You agree to review the Agreement periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate this license as provided below. Your continued use of the Legal Crime system following posting of the revised Agreement on the BE website shall be conclusively deemed to be acceptance of all such revisions. The term "User" in this Agreement refers to any person or entity, including you, that has entered into this Agreement with BE. 6. User Information. (a) Registration Codes. Upon your registration of the Program, you will be issued a registration codes that will allow operation of the Program in Full Functionality Mode. You are responsible for maintaining the confidentiality of your registration codes and are liable for any harm resulting from disclosing or allowing disclosure of any registration codes or from use by any person of your registration codes to gain access to the Legal Crime system. At no time should you respond to an online request for your registration codes or files containing the registration codes. (b) Former Users. Users whose accounts have been terminated by BE may not access the Legal Crime system in any manner or for any reason without the express written permission of BE. Active Users may not knowingly allow former Users who have been terminated to use the active Users' accounts. 7. Disclaimer of Warranty. To the maximum extent allowed by law, BE, its licensees and subcontractors do not warrant any connection to, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through the Legal Crime system. User is responsible for assessing its own computer and transmission network needs, and the results to be obtained therefrom. YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM, ALL SOFTWARE DISTRIBUTED BY BE, AND THE INTERNET ARE AT YOUR SOLE RISK. THE PROGRAM AND ALL SOFTWARE DISTRIBUTED BY BE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. BE DISCLAIMS ALL WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIESOR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE BE SYSTEM, ALL SOFTWARE DISTRIBUTED BY BE, AND THE INTERNET. BE ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY THE USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF BE, ITS LICENSORS AND SUBCONTRACTORS, OR USER'S OWN ERRORS AND/OR OMISSIONS. 8. Limitation of Liability. YOU ACKNOWLEDGE THAT BE SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY BE OR ITS OTHER LICENSEES WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT ON THE LEGAL CRIME SYSTEM. BE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES OR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH THE LEGAL CRIME SYSTEM OR WITH ANY OTHER PRODUCT OR SERVICE PROVIDED BY BE. BE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE LEGAL CRIME SYSTEM AND ALL SOFTWARE DISTRIBUTED BY BE SHALL BE THE REPLACEMENT OF ANY SOFTWAREDEVELOPED BY OR FOR BE WHICH IS FOUND TO BE DEFECTIVE, USING MEDIA CHOSEN BY BE. BE'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE REGISTRATION FEE PAID BY YOU TO REGISTER THE PROGRAM AND ACCESS THE BE SYSTEM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES BE'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. 9. Indemnification. Upon request of BE, you agree to defend, indemnify and hold harmless BE, its affiliated companies, licensees, and distributors from all liabilities, claims and expenses, including attorneys' fees, arising from breach of this Agreement by use of, or in connection with, the transmission by or through your User access of any Content on the Legal Crime system. BE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter. 10. Termination. Either you or BE may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with any Agreement term, or policy or practice of BE in operating the Legal Crime system or change therein is to terminate this Agreement by notifying BE Support Staff of your desire to terminate and confirming such request in writing or electronically if requested. Your notice of termination will be effective upon receipt by BE, or upon receipt of confirmation if confirmation is requested. 11. Third Party Products and Legal Crime system. BE does not endorse, warrant or guarantee any product or service offered through the Legal Crime system by any third party, will not be a party to or in any way monitor any transaction between you and third-party providers of products and will not bear any responsibility for their products, policies or actions. 12. U.S. Government Restricted Rights. The Program and all accompanying written materials are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in Restricted Rights in Technical Data and Computer Software Clause at FAR 52.227-7013©(1)(ii) or FAR 52.227-19. 13. General Provisions. You may not use, copy, modify, sublicense, rent, sell, assign or transfer the license granted pursuant to this Agreement except as expressly provided in this Agreement. Any assignment in violation of this Agreement is void. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability; (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. The paragraph headings contained in this Agreement are for the purposes of convenience only and are not intended to define or limit the contents of said paragraphs. BE and you are independent contractors under this Agreement. BE's failure to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by BE of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of BE shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of BE. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. This Agreement represents the complete and exclusive statement of the agreements concerning the Program and supersedes all prior agreements between the parties. It may be amended only by a writing executed by both parties. |