The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “Software”) are licensed, not sold, to you by Complete Business Online(“CBO”) for use only under the terms of this License, and CBO reserves all rights not expressly granted to you. The rights granted herein are limited to CBO’s intellectual property rights in the Insites Module and do not include any other patents or intellectual property rights. You own the media on which the Insites Module is recorded but CBO and/or CBO’s licensor(s) retain ownership of the Software itself.
2. Permitted License Uses and Restrictions.
This License allows you to install and use one (1) copy of the Software on a single PlatformOS instance. This License does not allow the Software to exist on more than one instance at a time, and you may not make the Software available over a network where it could be used by multiple instance at the same time. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software or any part thereof. Any attempt to do so is a violation of the rights of CBO and its licensors of the Software. If you breach this restriction, you may be subject to prosecution and damages. The software is not intended for use in which the failure of the software could lead to death, personal injury, or severe physical or environmental damage.
You may not rent, lease, lend or sublicense the Software. You may, however, make a one-time permanent transfer of all of your license rights to the Software to another party, provided that: (a) the transfer must include all of the Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Software reads and agrees to accept the terms and conditions of this License.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from CBO if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Insites Module and destroy all copies, full or partial, of the Insites Module.
5. Limited Warranty on Media.
CBO warrants the media on which the Insites [Module] is recorded and delivered by CBO to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at CBO’s option, either a refund of the purchase price of the product containing the Software or replacement of the Software which is returned to CBO. This limited warranty and any implied warranties on the media including, but not limited to, the implied warranties of merchantability and of fitness for a particular purpose, are limited in duration to ninety (90) days from the date of original retail purchase. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. The limited warranty set forth herein is the only warranty made to you and is provided in lieu of any other warranties (if any) created by any documentation or packaging. This limited warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.
6. Disclaimer of Warranties.
You expressly acknowledge and agree that use of the software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. Except for the limited warranty on media set forth above and to the maximum extent permitted by applicable law, the Software is provided “as is”, with all faults and without warranty of any kind, and danger and danger’s licensors (collectively referred to as “danger” for the purposes of sections 6 and 7) hereby disclaim all warranties and conditions with respect to the software, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Danger does not warrant against interference with your enjoyment of the software, that the functions contained in the software will meet your requirements, that the operation of the software will be uninterrupted or errorfree, or that defects in the software will be corrected. No oral or written information or advice given by danger shall create a warranty. Should the software prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
7. Limitation of Liability.
To the extent not prohibited by law, in no event shall danger be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if danger has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall CBO’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty United States Dollars (USD$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Export Law Assurances.
You may not use or otherwise export or reexport the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
9. Third Party Notices and Conditions.
The Software may include or utilize certain software which is owned by libraries / applications used. CBO may make modifications to these libraries / applications. Those terms are fully applicable to the use of those portions of the Software that consist of or are derived from the libraries / applications code.
10. Complete Agreement; Governing Language.
This License constitutes the entire agreement between the parties with respect to the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment or modification of this License will be binding unless in writing and signed by CBO.