By opening the package and installing the ibrite software, you indicate acceptance of the following ibrite License Agreement.
ibrite, Inc.
End User License Agreement for ibrite, Inc. Software
For 1 Computer(s)
NOTICE TO USER:
THIS IS A CONTRACT. PLEASE READ IT CAREFULLY. THIS SOFTWARE PRODUCT IS LICENSED, NOT SOLD. BY INDICATING YOUR ACCEPTANCE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DECLINE WHERE INSTRUCTED, AND YOU WILL NOT BE ABLE TO USE THE SOFTWARE. IF YOU DO NOT ACCEPT THIS AGREEMENT AND HAVE PROOF OF PAYMENT, YOU MAY RETURN THE UNUSED SOFTWARE TO THE LOCATION AT WHICH YOU ACQUIRED IT WITHIN THIRTY (30) DAYS FOR A REFUND OF SUCH LICENSE FEE.
This ibrite, Inc. ("ibrite") End User License Agreement ("Agreement") sets forth the terms and conditions under which you are licensed to use the Software. Software means (A) all of the contents of the disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) ibrite or third-party software; (ii) digital images, stock photographs, clip art, or other artistic works ("Stock Files"); (iii) related explanatory written materials ("Documentation"); and (iv) fonts; and (B) modified versions, upgrades, updates, additions, and copies of the Software, if any, licensed to you by ibrite (collectively, "Updates"). The term "Permitted Number of Computers" means the number of computers indicated at the top of this Agreement.
LICENSE
ibrite licenses its software in three versions; Demo, Not for Resale; and Resale. The Demo version allows users to evaluate the product before purchasing. It only allows a single demo application to be put on the handheld at a time. After a 30-day evaluation period, the user must purchase the software or remove the software from the system. Upon payment of a license fee, a user is provided a serial number that registers the software and allows the user to create unlimited software applications Not for Resale. If a user desires to resell a product using ibrite technology, a reseller serial number will be provided upon signing a reseller agreement.
License Grant. Subject to the terms of this Agreement set forth herein, ibrite grants to Licensee a limited, non-exclusive, non-transferable license to use the Software and the related documentation provided by ibrite ("Documentation") (i) within the United States (ii) solely to create applications consistent with serial numbers provided; Not for Resale or Resale. Authorization for resale of products using ibrite technology will be granted upon signing a reseller agreement.
License Restrictions. Any use of the Software shall be limited to use on a single PC, Handheld Computer, or Smartphone. Except as otherwise expressly provided in this Agreement, Licensee shall not copy, modify, reverse engineer, decompile or disassemble, create derivative works of, or translate the Software or Documentation, in whole or in part, nor resell, lease, rent, lend, or use the Software in any manner to provide computer services to third parties.
Termination. If payment is not made, this license terminates automatically without notice from ibrite upon the expiration of the evaluation period. Without prejudice to any other rights, ibrite may terminate this agreement if user fails to comply with the terms and conditions. In such event, all copies of the software product must be destroyed.
PROPRIETARY RIGHTS
The Software and Documentation, in whole and in part and all copies thereof, are and will remain the sole and exclusive property of ibrite, including all intellectual property and other proprietary rights therein. Licensee shall not have any right, title, or interest to any such Software or the Documentation except as provided in this Agreement, and further shall secure and protect all Software and Documentation consistent with maintenance of ibrite's proprietary rights therein. Licensee will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices of ibrite appearing on the Software or Documentation as delivered to Licensee.
LIMITED WARRANTY
Limited Warranty. ibrite warrants that during the ninety (90) days following delivery to the Licensee the Software will perform in accordance with the Documentation in all material respects. In the event the Software fails to conform to such warranty, as Licensee's sole and exclusive remedy for such failure ibrite will, at its option and without charge to Licensee, repair or replace the Software or refund to Licensee the License Fee paid, provided ibrite is properly notified within the ninety (90) day warranty period.
3.2 NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IBRITE DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT EVEN IF IBRITE HAS BEEN INFORMED OF SUCH.
LIMITATION OF LIABILITY
IN NO EVENT WILL IBRITE BE LIABLE TO LICENSEE UNDER THIS AGREEMENT FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT IBRITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IBRITE'S TOTAL LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE LICENSE FEE. THE PARTIES HAVE AGREED THAT THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXPORT
Licensee shall not export or allow the export or re-export of the Software, Documentation, any components thereof or any other information or materials of ibrite without the consent of ibrite and compliance with all export laws and regulations of the U.S. Department of Commerce and all other U.S. agencies and authorities, and, if applicable, relevant foreign laws and regulations.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is ibrite Inc., 10600 Arrowhead Drive, Suite 310, Fairfax VA 22030. All rights not specifically granted in this statement are reserved by ibrite.
GENERAL
This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Virginia applicable to agreements entered into, and to be performed entirely, within Virginia between Virginia residents.
