(LICENSE FOR PERSONAL, NON-COMMERCIAL USES ONLYùFOR COMMERCIAL USES PLEASE CONTACT US AT info@starbreeze.com.
THIS IS A CONTRACT between you (either an individual or a single entity) and STARBREEZE AB ("Licensor" or ôusö) and covers your use of the OGIER software, related software components, and documentation (all of which are referred to herein as the "Software").
BY CHECKING THE "I ACCEPT" BOX OR BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("YOU") ARE CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE CHECK BOX INDICATING "I DO NOT ACCEPT" MUST BE SELECTED, AND YOU MUST NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
Personal, Non-Commercial Use License.
The Software is licensed to you for your personal, non-commercial use. You may install the Software on a single computer for your personal, non-commercial use only.
The Software may not be used for direct or indirect commercial purposes without first obtaining a Commercial Use License. If you would like to use the Software for purposes other than your personal, non-commercial use, please contact us at info@starbreeze.com.
Technical Support.
Technical support is not provided for the Software. Most common issues can be addressed by the user-to-user support forums available at http://forum.starbreeze.com.
Restrictions on Use.
Licensor grants you the non-exclusive, non-transferable right to use the Software. You may not redistribute the Software without Licensor's prior written consent. Although you may modify or alter the Software for your own use (including copies that extend, or enhance the Software), you may not distribute, transfer, or resell the modified or derivative copies of the Software; you may not use such copies for other than personal, non-commercial purposes; and you may not use such copies in a way that violates the terms of this Agreement. Components of the Software may not be extracted and used in other programs without the prior written consent of Licensor. The Software may not be used for direct, or indirect commercial purposes without first obtaining a Commercial Use License from Licensor that covers your intended use. The type of commercial uses that are permitted under the Commercial Use License are limited, so please refer to the Commercial Use License of details. Licensor shall have the right to determine, in its sole discretion, whether a use is a commercial use or non-personal use.
You may not rent, lease, lend, or in any way distribute or transfer any rights in this Agreement or the Software to third parties without Licensor's written approval.
You may not use the Software in violation of any U.S. or international law or regulation. You will not export or re-export the Software to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls. All rights not expressly granted to you are retained by Licensor. You may make copies of Software as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software.
No Warranty.
The Software is being delivered to you "AS IS" and Licensor and its suppliers make no warranty as to its use or performance. LICENSOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.
Limitation of Liability.
IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER, OR ANY LOSS OF REVENUE, DATA, USE, OR PROFITS, EVEN IF A LICENSOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY. Some States do not allow the exclusion or limitation of incidental or consequential damages, or the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.
Indemnification.
You agree to indemnify and hold Licensor, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Software, or the infringement by you, of any intellectual property or other right of any person or entity.
Termination.
Either Licensor or you may terminate this Agreement at any time. This Agreement shall terminate automatically, without notice, if you fail to comply with the terms of this Agreement. Upon any termination of this Agreement, you must discontinue use of the Software and uninstall and destroy all copies of the Software you have obtained or made.
Governing Law.
This Agreement will be governed by the laws of the United States and the State of California, excluding the application of its conflicts of law rules. You consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in San Francisco, California.
Government End Users.
The Software comprises "Commercial Items", as that term is defined at 48 C.F.R. º2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. º12.212 or 48 C.F.R. º227.7202, as applicable. Consistent with 48 C.F.R. º12.212 or 48 C.F.R. º227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
General.
This Agreement constitutes the entire understanding of the parties and revokes and supersedes all prior agreements, oral or written, between them and may not be modified or amended except in a writing signed by both parties hereto which specifically refers to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict herewith. This Agreement is personal to you, and may not be assigned without LicensorÆs express written consent. If any one or more provisions contained in this Agreement are held by any court or tribunal to be invalid, illegal, or otherwise unenforceable, each and every other provision shall remain in full force and effect.
Contact Information.
If you have any questions about this Agreement, please contact us at info@starbreeze.com.
