Bear Claw, Inc.
Binary Code License Agreement
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE
TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE
MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO
THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY,
INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON
AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS,
PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND
OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON
AT THE END OF THIS AGREEMENT.
Bear Claw, Inc.
Software License Agreement
Redistribution Or Rental Not Permitted
These terms apply to PLExtract.
Unless you have a different license agreement signed Bear Claw, Inc.
your use of this software indicates your acceptance of this license
agreement and warranty.
NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU
ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
End User License Agreement (EULA) for the Evaluation editions
This End User License Agreement (EULA) covers the following
software (the Software):
PLExtract
PLEASE READ THE TERMS CAREFULLY BEFORE INSTALLING THE
SOFTWARE. BY INSTALLING THE SOFTWARE, LICENSEE
ACKNOWLEDGES THAT LICENSEE HAS READ AND UNDERSTANDS
THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS
AND CONDITIONS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BEAR CLAW, INC. IF
YOU HAVE INADVERTENTLY LOADED THE SOFTWARE ON YOUR
COMPUTER AND DO NOT AGREE WITH THE TERMS OF THIS LICENSE,
PROMPTLY DELETE ALL COPIES OF THE SOFTWARE AND
DOCUMENTATION.
LICENSE.
Bear Claw, Inc. (Bear Claw) hereby grants to you a non-exclusive maximum
15 day license (the "License") the Software with the
following rights:
installation and use of one copy of the Software on a single computer;
the making of one copy of the Software for backup or archival purposes;
you are not allowed to use the evaluation software on a network.
The software must register at the Bear Claw site at
www.bearclawinc.com you are allowed to use the purchased
software on a network provided that you have a licensed copy of the
Software for every user that will access the Software over the
network. The access over a network is by licensed named user and not
by computer seat; you may copy the included documentation to
individuals who may use the software on the installed machine;
Bear Claw makes available to you upon written notice to Bear Claw
a transfer of the Software to another user provided that you keep
no copies of the Software and the transferee agrees to the terms of
this agreement.
RESTRICTIONS
The Software contains trade secrets in its human perceivable form and,
to protect them, you may not:
1.use, copy, modify, or transfer the Software or the documentation, or
any copy in whole or in part, except as expressly provided for in this
license.
2.allow the Software to be used on more than one computer at a time or
by more than one person at a time except as otherwise expressly
provided herein.
3.rent, loan, distribute, lease, assign, or sub-license the Software or
the documentation, modify or adapt the Software or documentation in
whole or in part including but not limited to translation or creating
derivative works.
4.disassemble or reverse compile for the purpose of reverse engineering
the Software. (The Software contains copyrighted material, trade secrets,
and other proprietary material. In order to protect them, and except
as permitted by applicable legislation, you may not
decompile, reverse engineer, disassemble or otherwise reduce the
Software to a human-perceivable form.)
5. Licensee may not make any attempt to discover the source code, create
derivative works from the Software, or use the Software to create
products that compete with the Software;
6. copy any of the documentation accompanying the Software without
permission;
TRANSFER
LICENSEE may not transfer Software without prior acceptance
by Bear Claw.
LIMITATIONS OF REMEDIES AND LIABILITY
BEAR CLAW'S LIABILITY AND YOUR EXCLUSIVE REMEDY ARE AS SET
FORTH ABOVE AND BEAR CLAW DISCLAIMS ALL OTHER WARRANTIES
OR CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR
PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN
LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
No modification or addition to this warranty is authorized unless it
is set forth in writing, references this Agreement and is signed on
behalf of BEAR CLAW by an authorized official. IN NO EVENT WILL
BEAR CLAW OR ITS DIRECT OR INDIRECT SUPPLIERS BE LIABLE FOR
ANY OTHER DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED
TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR OTHER PECUNIARY LOSS ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN
IF BEAR CLAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In particular, BEAR CLAW and its suppliers are not responsible
for any costs including, without limitation, loss of business profits,
business interruption, loss of business information, the cost of
recovering such information, the cost of substitute software, or claims
by third parties. No oral or written information given by BEAR CLAW, its
agents or employees shall create a warranty. IN NO CASE SHALL
ANY DIRECT OR INDIRECT SUPPLIERS OF BEAR CLAW BEAR ANY
LIABILITY FOR ANY REASON WHATSOEVER AND IN NO CASE
SHALL BEAR CLAW'S LIABILITY EXCEED THE AMOUNT OF THE LICENSE
FEE ACTUALLY PAID BY YOU. THIS AGREEMENT GIVES YOU
CERTAIN LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS UNDER
LOCAL LAW, SO SOME OF THE ABOVE MAY NOT APPLY OR MAY
BE LIMITED. FOR EXAMPLE, SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSION MAY NOT APPLY TO YOU.
SELECTION AND USE
You assume full responsibility for the selection of the Software to
achieve your intended results and for the installation, use and
results obtained from the Software. Good data processing procedure
dictates that any program be thoroughly tested with non-critical data
before relying on it. The user must assume the entire risk of using
the program. ANY LIABILITY OF THE SELLER WILL BE LIMITED
EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF
PURCHASE PRICE.
EXPORT LAW ASSURANCES
You agree and certify that neither the Software nor any other technical
data received from Bear Claw, nor the direct product thereof, will
be exported outside the United States except as authorized and as
permitted by the laws and regulations of the United States. If the
Software has been rightfully obtained by you outside of the United
States, you agree that you will not re-export the Software nor any
other technical data received from Bear Claw, nor the direct product
thereof, except as permitted by the laws and regulations of the United
States and the laws and regulations of the jurisdiction in which
you obtained the Software. By using the Software you represent and
warrant that you are not located in, under control of, or a national
or resident of any country outside of the jurisdiction of the laws
of the United States of America.
TERMINATION
This License is effective until terminated.
This Agreement and your license to use the Software will automatically
terminate without notice of you fail to comply with any provision of
this Agreement. Upon termination you shall destroy all copies of the
Software and may be required to either sign an affidavit to that effect
or email to support@bearclawinc.com that the appropriate action has been
taken. All disclaimers of warranties and limitation of liability set
forth in this Agreement shall survive any termination of this Agreement.
COPYRIGHT
Bear Claw retains all right, title and interest in and to the Software
and the documentation, including all copyrights. The Software and
documentation are protected by the copyright laws of United States
and international treaty provisions. You must maintain an accurate
record of the location of the backup copy at all times. Your use
of the Software and associated documentation is subject to the
applicable copyright laws and the express rights and restrictions
of this License Agreement.
TRADEMARKS AND LOGOS
This Agreement does not authorize Licensee to use any Bear Claw name,
trademark or logo.
LIMITED WARRANTY
There is a "no hassle" 30 day refund period guarantee from date of
purchase on the Software. Bear Claw does NOT warrant that the Software
will meet your requirements or that the operation of the Software will
be uninterrupted or error-free. Your sole remedy in the event of
breach of this warranty will be that Bear Claw will refund the money
you paid for the Software. Software is provided "AS IS,". All express
or implied representations and warranties, including any implied warranty
of merchantability, fitness for a particular purpose or non-infringement,
are hereby excluded. Because of the various hardware and software
environments into which PLExtract may be put, NO WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE IS OFFERED.
DISCLAIMER OF DAMAGES
Under no circumstances shall Bear Claw or its licensors be liable for
special, indirect, exemplary, incidental and/or consequential damages,
including, but not limited to, legal fees, loss of profits, loss of data,
or loss resulting from business disruption, even if Bear Claw has been
advised of the possibility of such damages with or arising out of the
performance or use of any portion of the software or documentation. In no
case shall Bear Claw's liability exceed the purchase price for the
software. The disclaimers and limitations set forth above will apply
regardless of whether you accept the Software.
COMPLETE AGREEMENT
This Agreement constitutes the entire agreement between you and Bear
Claw, and no representation, condition, understanding or agreement of
any kind, oral or written, shall be binding upon the parties unless
incorporated herein. This Agreement may not be modified or amended,
nor will the rights of either party be deemed waived, except by an
agreement in writing signed by you and an authorized representative of
Bear Claw.
GOVERNING LAW
This agreement shall be governed by and construed in accordance with
the laws of the State of Washington, except for that body of law dealing
with conflicts of law. In the event there is a dispute concerning the
subject matter of this agreement, the proper venue shall be the State
of Washington, United States of America. If any provision of this
License shall be 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 License will remain
in full force and effect. If the Software is supplied to the United
States Government, the Software is classified as "restricted computer
software" as defined in clause 52.227-19 of the FAR.
U.S. GOVERNMENT RESTRICTED RIGHTS
Consistent with FAR 12.211 and 12.212, Commercial Computer Software,
Computer Software Documentation, and Technical Data for Commercial
Items are licensed to the U.S. Government under vendor's standard
commercial license.
Should you have concerns or questions concerning this License,
Software or Documentation, contact Bear Claw, Inc.
5429 125th PL SE
Snohomish, WA 98296
call 425-268-8063
email @ support@bearclawinc.com
PLExtract Copyright © 1999 by Bear Claw, Inc.
All rights reserved.
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