S88 Buddy™ Software License
This is a legal agreement (the “Agreement”) between you and BatchControl.com, LLC (“BatchControl.com”) covering your use of S88 Buddy (the “Software”). Be sure to read the following agreement before using the Software. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES IN YOUR POSSESSION.
Grant of License
The Software is owned by and is a proprietary product of BatchControl.com and is protected by United States copyright laws, trade secret laws, and international treaty provisions.
BatchControl.com hereby grants you a non-exclusive license to use the executable code version of the Software. You may not sell, rent, or lease the Software. You may not modify, adapt, translate, reverse engineer, decompile, or disassemble the Software (except to the extent that this restriction is expressly prohibited by law) nor create derivative works based upon the Software.
You may distribute the Software only one copy at a time via infrared port (“beaming”), diskette or other physical electronic media, or person-to-person e-mail. You may not use any other means to distribute this software, including but not limited placing the Software on a web site or electronic bulletin board for download. You may not mass distribute this Software by any means, including but not limited to, mass mailings of diskettes or CD-ROMs, or mass e-mailings (“spam”). You must include this license agreement file together with the Software, the only exception being when you “beam” it via the infrared port.
If you violate any part of this agreement, your right to use and distribute this Software terminates automatically and you must then destroy all copies of the Software in your possession.
Disclaimer of Warranty and Limitation of Liability and Damages
THE SOFTWARE AND ITS RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND AND BATCHCONTROL.COM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL BATCHCONTROL.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND, (INCLUDING, WITHOUT LIMITATION, SYSTEM CRASHES, LOSS OF DATA, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR THE LIKE) THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF BATCHCONTROL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BATCHCONTROL.COM'S LIABILITY EXCEED THE LICENSE FEE PAID, IF ANY.
This License Agreement shall be governed by the laws of the State of Indiana, without regard to its choice of law provisions, and you consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Indiana. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.