"Employ your time in improving yourself by other men’s writings, so that you shall gain easily what others have labored hard for."
-- Socrates
END USER SOFTWARE LICENSE AGREEMENT
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE ICON LABELED "I ACCEPT" OR PUTTING A CHECK IN THE CHECK BOX INDICATING THAT YOU HAVE READ THIS AGREEMENT AND ACCEPT IT’S TERMS. IF YOU DO NOT AGREE TO THIS LICENSE, YOUR ORDER WILL BE CANCELED, THE SOFTWARE WILL NOT BE DOWNLOADED AND YOU WILL NOT BE CHARGED.
License Grant
"You" means the person or company who is being licensed
to use the Software or Documentation. "We," "us" and
"our" means BestHeadlineSoftware.com.
We hereby grant you a nonexclusive license to use one
copy of the Software on any single computer, provided
the Software is in use on only one computer at any
time. The Software is "in use" on a computer when it is
loaded into temporary memory (RAM) or installed into
the permanent memory of a computer-for example, a hard
disk, CD-ROM or other storage device.
If the Software is permanently installed on the hard
disk or other storage device of a computer (other than
a network server) and one person uses that computer
more than 80% of the time, then that person may also
use the Software on a portable or home computer.
Title
We remain the owner of all right, title and interest in
the Software and related explanatory written materials
("Documentation").
Archival or Backup Copies
You may copy the Software for back up and archival
purposes, provided that the original and each copy is
kept in your possession and that your installation and
use of the Software does not exceed that allowed in the
"License Grant" section above.
Things You May Not Do
The Software and Documentation are protected by United
States copyright laws and international treaties. You
must treat the Software and Documentation like any
other copyrighted material-for example, a book. You may
not:
- Copy the Documentation,
- Copy the Software except to make archival or backup
copies as provided above, - Modify or adapt the Software or merge it into another
program, - Reverse engineer, disassemble, decompile or make any
attempt to discover the source code of the Software, - Place the Software onto a server so that it is
accessible via a public network such as the Internet,
or - Sublicense, rent, lease or lend any portion of the
Software or Documentation.
Transfers
You may transfer all your rights to use the Software
and Documentation to another person or legal entity
provided you transfer this Agreement, the Software and
Documentation, including all copies, updates and prior
versions to such person or entity and that you retain
no copies, including copies stored on computer.
Limited Warranty
We warrant that for a period of 90 days after delivery
of this copy of the Software to you:
The media on which this copy of the Software is
provided to you will be free from defects in materials
and workmanship under normal use, and
The Software will perform in substantial accordance
with the Documentation.
To the extent permitted by applicable law, THE
FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS,
INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or
had reason to know of your particular needs. No
employee, agent, dealer or distributor of ours is
authorized to modify this limited warranty, or to make
any additional warranties.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limited Remedy
Our entire liability and your exclusive remedy for
breach of the foregoing warranty shall be, at our
option, to either:
Return the price you paid, or
Repair or replace the Software or media that does not
meet the foregoing warranty if it is returned to us
with a copy of your receipt.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST
PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
FROM THE
USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER
OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR
FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Term and Termination
This license agreement takes effect upon your use of
the software and remains effective until terminated.
You may terminate it at any time by destroying all
copies of the Software and Documentation in your
possession. It will also automatically terminate if you
fail to comply with any term or condition of this
license agreement. You agree on termination of this
license to destroy all copies of the Software and
Documentation in your possession.
Confidentiality
The Software contains trade secrets and proprietary
know-how that belong to us and it is being made
available to you in strict confidence. ANY USE OR
DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES,
OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE
AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
Disputes
This license agreement shall be governed by, construed
and enforced in accordance with the laws of the
Alabama, as it is applied to agreements entered into
and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or
threatened to violate BestHeadlineSoftware.com and/or
its affiliates' intellectual property rights,
BestHeadlineSoftware.com and/or its affiliates may seek
injunctive or other appropriate relief in any state or
federal court in the State of Alabama, and you consent
to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to
first try to resolve it with the help of a mutually
agreed-upon mediator in the following location: Morgan
County, Alabama. Any costs and fees other than attorney
fees associated with the mediation will be shared
equally by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to
submit the dispute to binding arbitration at the
following location: Morgan County, Alabama, under the
rules of the American Arbitration Association. Judgment
upon the award rendered by the arbitration may be
entered in any court with jurisdiction to do so.
General Provisions
1) This written license agreement is the exclusive
agreement between you and us concerning the Software
and Documentation and supersedes any prior purchase
order, communication, advertising or representation
concerning the Software.
2)This license agreement may be modified only by a
writing signed by you and us.
3) In the event of litigation between you and us
concerning the Software or Documentation, the
prevailing party in the litigation will be entitled to
recover attorney fees and expenses from the other
party.
4) You agree that the Software will not be shipped,
transferred or exported into any country or used in any
manner prohibited by the United States Export
Administration Act or any other export laws,
restrictions or regulations.
Thanks again for joining the experiment!
David Perdew
