FLOWERFIRE END USER LICENSE AGREEMENT FOR SAWMILL
THIS IS A LEGAL AGREEMENT BETWEEN YOU EITHER AN INDIVIDUAL OR AN ENTITY ("LICENSEE") AND FLOWERFIRE, INC. ("FLOWERFIRE"). BY INSTALLING OR USING THE LICENSED PRODUCT LICENSEE AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS FLOWERFIRE END USER LICENSE AGREEMENT FOR SAWMILL ("AGREEMENT"). IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT CONTINUE THE INSTALLATION PROCESS, IMMEDIATELY DELETE ALL DOWNLOADED FILES OF THE ACCOMPANYING SOFTWARE FROM LICENSEE'S COMPUTER SYSTEM AND/OR PROMPTLY RETURN THE MEDIA TOGETHER WITH ALL ASSOCIATED MATERIALS TO FLOWERFIRE OR TO THE SUPPLIER FROM WHOM LICENSEE OBTAINED IT FOR A FULL REFUND. ANY VARIATIONS TO THIS AGREEMENT MUST BE IN WRITING BY EITHER FLOWERFIRE OR ITS AGENT THE SAWMILL LIMITED ("AGENT")
THE LICENSED PRODUCT . The product supplied by Flowerfire (the "Licensed Product") consists of software programs ("Software"), related user documentation ("Documentation"), and any update thereof that Licensee may receive individually or collectively from Flowerfire or its Agent, including activation key(s) to enable profiles, plus any additional activation keys (add-ons) that may be purchased by Licensee from time to time to extend the functionality of the Licensed Product by enabling additional profiles. This definition of Licensed Product applies to all Flowerfire products howsoever the constituent items are delivered to Licensee, including by electronic delivery.
GRANT OF LICENSE . Flowerfire grants to Licensee the following non-exclusive rights with respect to the Licensed Product. Licensee may: (a) use one copy of the Licensed Product on a single computer; (b) make one copy of the Licensed Product for backup or archival purposes; (c) print one paper copy of the Documentation if Licensed Product is received electronically, d) modify the user interface and statistics screens as allowed for herein.
RIGHTS TO MODIFY. Under this Agreement Licensee is granted restricted rights to modify the look and feel of the Licensed Product and the reports it produces. The extent of these rights is determined by the ability of the Licensed Product to facilitate said changes. These rights specifically exclude any rights to modify relocate or obscure the Flowerfire copyright notice or the Sawmill Logo, both of which must remain visible at all times and be in the same location and to the same size and style as originally placed by Flowerfire.
RESTRICTIONS . Licensee may NOT do any of the following without the express written permission of Flowerfire or its Agent: (a) use or copy the Licensed Product except as provided for herein; (b) rent lease or loan the Licensed Product to a third party; (c) modify, adapt, or translate the Licensed Product in whole or in part except as provided for herein; (d) reverse engineer decompile or disassemble the Software, e) modify replace or add any item of graphics or text into the Licensed Product or the User Interface screens except as provided for herein, or f) sell or offer to sell a modified, renamed or re-branded version of the License Product on the open market.
SOFTWARE DELIVERY AND BACK-UP . If Licensee receives its first copy of Licensed Product electronically and a second copy on media then Licensee may use the second copy for backup or archival purposes only. Licensee may not use the second copy on another computer or provide it to another user.
OWNERSHIP & COPYRIGHT. Title, ownership rights and intellectual property rights in and to the Licensed Product and all copies thereof shall remain in Flowerfire including any modifications to Licensed Product allowed under this Agreement. The Licensed Product is copyrighted and protected by United States copyright laws and international treaty provisions. Licensee agrees: (a) not to remove any copyright or other proprietary notices from the Licensed Product; (b) to reproduce all such notices on any authorized copies Licensee makes; and (c) to use best efforts to prevent any unauthorized copying of the Licensed Product.
LIMITED WARRANTY . For a period of thirty (30) days from the date Licensee receives the Licensed Product, Flowerfire warrants that: (a) the media on which the Licensed Product is distributed will be free from defects in material and workmanship under normal use; and (b) the Software will conform substantially to the Documentation. Flowerfire does not warrant or represent that the functions contained in the Licensed Product will meet Licensee's requirements or that the operation of the Licensed Product will be uninterrupted or error free. In the case of defective media, Flowerfire's entire liability and Licensee's exclusive remedy will be the replacement of the media. If within thirty (30) days from the date Licensee receives the Licensed Product Licensee gives Flowerfire a written description of a significant, reproducible error where the Software does not conform to the Documentation, Flowerfire's entire liability and Licensee's exclusive remedy will be that Flowerfire will, at its sole discretion, provide Licensee with either: (a) corrective or workaround instructions; (b) corrections to the nonconforming Software and/or Documentation; or (c) a refund of Licensee's license fee. If the license fee is refunded, this Agreement will terminate immediately. This Limited Warranty extends only to the original recipient of the Licensed Product, and is void if failure of the Licensed Product has resulted from accident, abuse, or misapplication. Any replacement item will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES. EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, THE LICENSED PRODUCT IS PROVIDED "AS IS". FLOWERFIRE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THIS LIMITED WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY . REGARDLESS OF WHETHER ANY EXCLUSIVE REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL FLOWERFIRE BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, DATA, BUSINESS INTERRUPTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED PRODUCT, EVEN IF FLOWERFIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO LICENSEE.
IN NO EVENT WILL FLOWERFIRE'S LIABILITY TO LICENSEE OR ANY THIRD PARTY EXCEED THE LICENSE FEE PAID BY LICENSEE FOR THE LICENSED PRODUCT.
TERM & TERMINATION. This Agreement is effective on the date Licensee downloads the Software or installs the Software from the media and will remain in effect until terminated. Licensee may terminate this Agreement at any time. Flowerfire will immediately terminate this Agreement and Licensee's right to use the Licensed Product without notice upon either of these events: (a) Flowerfire refunds Licensee's license fee under the provisions of the Limited Warranty; or (b) Licensee fails to comply with any provision of this Agreement. If this Agreement is terminated for any reason, Licensee will: (a) cease all use of the Licensed Product; (b) destroy or return to Flowerfire the original and all copies of the Licensed Product; and (c) delete the Licensed Product from all computers on which it was resident. All disclaimers of warranties and limitation of liability set forth in this Agreement will survive termination of this Agreement.
EXPORT ASSURANCE. Licensee agrees and certifies that none of the Software, Documentation, underlying information or technology, or any direct products thereof, will be downloaded or otherwise exported or re-exported (i) into, or used by a national or resident of, Cuba, Iran, Iraq, Libya, North Korea or any other country to which the United States embargoes goods, or (ii) to the Bosnian Serbs or to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Department of Commerce's Table of Deny Orders. By downloading or using the Licensed Product, Licensee represents and warrants that Licensee is not located in, under the control of, or a national or resident of any such country or on any such list.
GOVERNMENT RESTRICTED RIGHTS. The Licensed Product is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States 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 clause at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Flowerfire, Inc., 125 Water Street, Santa Cruz, CA, 95060, USA.
GENERAL. This Agreement is governed by and interpreted in accordance with the laws of California, except for that body of law dealing with conflicts of law. This Agreement represents the complete agreement between the parties relating to this license for the Licensed Product and supersedes all prior agreements, communications, proposals and representations between the parties and prevails over any conflicting or additional terms of any quote, order, acknowledgment or similar communication. This Agreement may only be modified by license addendum which accompanies this license or by a written document signed by both parties. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.