END-USER LICENSE AGREEMENT FOR TIP CALCULATOR 3000
Last Updated January 30th, 2012
Tip Calculator 3000(tm) Copyright (c) 2011-2012, Robert Bruce and Associates, LLC Tip Calculator 3000 is a trademark of Robert Bruce and Associates, LLC
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Robert Bruce and Associates, LLC ("THE COMPANY") for the THE COMPANY software product(s) identified above, which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT").
By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement between you and THE COMPANY, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows: (a) Installation and Use. THE COMPANY grants you the right to install and use a copy of the SOFTWARE PRODUCT. (b) Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. (a) Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT. (b) Distribution. You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. (c) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. (d) Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT. (e) Support Services. THE COMPANY may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. (f) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. TERMINATION Without prejudice to any other rights, THE COMPANY may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
4. COPYRIGHT AND PROPRIETARY RIGHTS All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by THE COMPANY or its suppliers. All rights not expressly granted are reserved by THE COMPANY. You acknowledge that (a) the SOFTWARE PRODUCT contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) The Company and/or third parties own all right, title and interest in and to the SOFTWARE PRODUCT and content, excluding content provided by you, that may be presented or accessed through the SOFTWARE PRODUCT, including without limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the SOFTWARE PRODUCT or content that may be presented or accessed through the SOFTWARE PRODUCT for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the SOFTWARE PRODUCT, (iii) use the SOFTWARE PRODUCT to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter The Company's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the SOFTWARE PRODUCT.
5. DISCLAIMER OF WARRANTIES THE COMPANY expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. THE COMPANY does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. THE COMPANY further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY In no event shall THE COMPANY be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if THE COMPANY has been advised of the possibility of such damages. In no event will THE COMPANY be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. THE COMPANY shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
7. INDEMNITY To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless THE COMPANY, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney's fees) arising out of or accruing from your use of the SOFTWARE PRODUCT, including your downloading, installation, or use of the SOFTWARE PRODUCT, or your violation of these Terms and Conditions.
8. MISCELLANEOUS THE COMPANY and its licensors reserve the right to change, suspend, remove, or disable access to any of THE SOFTWARE's features or services at any time without notice. In no event will THE COMPANY be liable for the removal of or disabling of access to any such features or services. These Terms and Conditions and your relationship with THE COMPANY under these Terms and Conditions will be governed by the laws of the State of Arizona without regard to its conflict of laws provisions. You and THE COMPANY agree to submit to the exclusive jurisdiction of the courts located within the county of Maricopa, Arizona to resolve any legal matter arising from these Terms and Conditions. Notwithstanding this, you agree that THE COMPANY will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
9. EULA UPDATES THE COMPANY reserves the right to modify this EULA over time. The most current versions of all EULAs for THE COMPANY's products, including SOFTWARE PRODUCT, is accessible from THE COMPANY's website (www.RobertBruceAndAssociates.com) in the specific product's area.