BinaryNow License Agreement – (PDF Impress)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. This is a legal agreement between you, the end user (“Licensee”), and BinaryNow, Inc. (“Producer”). You agree to be bound by the terms of this License by installing, copying, or otherwise using the product. If you do not agree, do not install or use the product.
I. COPYRIGHT. The BinaryNow software program on whatever distribution media including documentation (the “SOFTWARE”) is licensed to you for use only on the terms set forth here. Important – The SOFTWARE contains copyright works protected by copyright law and international conventions.
II. GRANT OF LICENSE. The Producer grants you:
(a) Use one copy of the SOFTWARE on one computer so long as you comply with the terms of this License.
(b) SOFTWARE can be shared over the computer network so long as amount of SOFTWARE users does not exceed the purchased user license.
(c) Make a copy of SOFTWARE if it is necessary for the use of the SOFTWARE as mentioned above for the purposes of the execution of program functions and for backup purposes.
III. USE RESTRICTIONS. As the Licensee, you may not:
(a) Install SOFTWARE on more computers at the same time than is authorized by this License.
(b) Make copies of SOFTWARE except as expressly permitted by this License and/or applicable statutes and to distribute them. You should be aware that any breach of this provision by you constitutes the infringement of the producer’s copyright and trade mark rights.
(c) Reverse engineer, decompile, disassemble or create derivative works from the SOFTWARE and distribute them and in any other way interfere with the internal structure of SOFTWARE, except as expressly authorized by this License and/or applicable statutes.
(d) Rent or lease the SOFTWARE, although you may transfer the SOFTWARE on a permanent basis provided you retain no copies and the recipient agrees to the terms of this License.
Producer expressly disclaims any warranty for the SOFTWARE. The SOFTWARE is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. Producer does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE. Producer does not warrant that the SOFTWARE will meet your requirements, that operation of the SOFTWARE will be uninterrupted or error-free, or that all SOFTWARE errors will be corrected. You may have other rights under applicable statutes.
V. LIMITATION OF REMEDIES
In no event will Producer be liable to you for any special, consequential, indirect or similar damages, including any lost profits or lost data arising out of the use or inability to use the SOFTWARE or any data supplied therewith even if Producer or anyone else has been advised of the possibility of such damages, or for any claim by any other party. You may have other rights under applicable statutes. In no case shall Producer’s liability exceed the purchase price for the SOFTWARE.
VI. EXPORT RULES
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 (collectively the “Export Laws”). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Balkans, Belarus, Burma, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Iran, Iraq , Lebanon, Libya, North Korea, Somalia, Sudan and Syria) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
This License is effective until terminated. This License will terminate automatically without notice from Producer if you fail to comply with any provisions of this License. This License is also terminated if and when exchanged for a new License regulating your use of an UPGRADE version of SOFTWARE. Upon termination, you shall stop use and shall destroy all copies of SOFTWARE including written documentation and including modified copies, if any.