BUBBLES™ TERMS & CONDITIONS
END USER SOFTWARE LICENSE AGREEMENT
THIS IS A LICENSE, NOT A SALE, THEREFORE, YOU ONLY HAVE THOSE RIGHTS THAT ARE EXPRESSLY STATED HEREIN.
THE FOLLOWING END USER SOFTWARE LICENSE AGREEMENT ("AGREEMENT") DEFINES WHAT YOU ARE LEGALLY ALLOWED TO DO WITH THE SOFTWARE AND CONTAINS LIMITATIONS ON WARRANTIES AND REMEDIES. THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND ANDREWS MCMEEL PUBLISHING, LLC, A KANSAS LIMITED LIABILITY COMPANY ("AMP"); HOWEVER, BY ENTERING INTO THIS AGREEMENT, YOU ARE BINDING YOURSELF AND ANY OTHER USER OF THE SOFTWARE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IMPORTANT: CAREFULLY READ THIS AGREEMENT BEFORE INSTALLING OR OPENING AND USING THE SOFTWARE. BY CLICKING THE "I AGREE" BUTTON OR OPENING AND USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT INSTALL, OPEN, OR USE THE SOFTWARE, AND RETURN THE COMPLETE SOFTWARE PACKAGE TO THE PLACE OF PURCHASE, IF APPLICABLE.
A. LICENSE: The "Bubbles Calendar" software, user manual, calendar content, and any other accompanying documentation are referred to collectively in this Agreement as the "Software". The license you have acquired entitles you to use the Bubbles Calendar for your personal use provided you comply with all obligations hereunder. You have no ownership rights in the Software. Rather, you have a license to use the Software subject to the restrictions contained in this Agreement as long as this Agreement remains in full force and effect. AMP grants you a revocable, non-exclusive, non-transferable, non-sublicensable license to use the Software in accordance with the terms and conditions of this Agreement. The Software and all other rights in or relating to the Software, including all devices, designs (including drawings, plans and specifications), photographs, source code, object code, programmer comments and documentation, enhancements, modifications, electronic data, and other documents or information developed, prepared, or disclosed to you by AMP or at the direction of AMP, and all related copyrights, trademarks, trade names, service marks, patents, or other intellectual property rights, including any goodwill associated therewith, are proprietary to AMP and title thereto shall remain the property of AMP. Infringement of AMP's intellectual property rights is a violation of federal and international law subject to criminal and civil penalties.
B. YOU MAY ONLY: (1) Install and use the Software on a single computer and only by a single user at a time. Once you have run that portion of the Software called the "setup" or "install" program on your computer, you may use the Software on a different computer only if you first delete the files installed by the setup/install program from the first computer. If you wish to use the Software for more than one user, you must (1) purchase additional Software packages to obtain additional licenses; and (2) Make one copy of the Software for archive or back-up purposes; provided, that you must reproduce any copyright or other notice marked on the Software on all copies you make for back-up purposes.
C. YOU MAY NOT: (1) Use the Software or make copies except as specifically permitted in this Agreement; (2) Publish or distribute the Software, including without limitation any computer images, drawings, photographs, or text incorporated in the Software, in any manner, including without limitation computer readable format; (3) Translate, reverse-engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law; (4) Sublicense, rent, lease, assign, or otherwise transfer the Software or any component or portion thereof; (5) Modify the Software, merge all or any part the Software into another program, or create derivative works of the Software; or (6) Remove any proprietary notices, labels, or marks in or on the Software.
D. TERM: The license granted to you herein shall continue for as long as you continue to pay for the calendar installments; however, it will terminate if you fail to comply with any of the terms or conditions of this Agreement. Your access to the Software can be terminated remotely by AMP. Upon termination of your license for any reason, your right to use the Software shall automatically cease, and you agree to immediately destroy or return to the address below all copies of the Software in your possession. You may terminate this Agreement at any time by destroying or returning to the address below all copies of the Software in your possession. The Limitations of Warranties, Remedies, and Liability set forth in this Agreement shall continue in force even after any termination of this Agreement.
E. LIMITED WARRANTY; EXCLUSIVE REMEDY: AMP does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free or that the Software will operate on your hardware or with other software you have installed or that the Software will not impair or damage the operation of your system or hardware or software.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE WARRANTIES REGARDING THE ACCURACY OF ANY DATA CONTAINED IN THE SOFTWARE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF COPYRIGHTS, PATENTS, TRADEMARKS, SERVICE MARKS, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS OR ANY WARRANTIES ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. YOU SHALL BEAR THE ENTIRE RISK OF THE QUALITY OF THE SOFTWARE OR THAT THE SOFTWARE WILL SATISFY YOUR NEEDS.
F. NO OTHER WARRANTIES; LIMITATION ON LIABILITY; DISCLAIMER AMP, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, OR SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER THAT YOU OR ANY OTHER PERSON OR ENTITY SUFFERS OR INCURS, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER ECONOMIC LOSS, EVEN IF AMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. THE MAXIMUM AGGREGATE LIABILITY THAT AMP AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, AND SUPPLIERS SHALL HAVE TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THE LIMITATIONS ON LIABILITY UNDER THIS PARAGRAPH WILL SURVIVE TERMINATION OF THIS AGREEMENT FOR ANY REASON.
G. INDEMNIFICATION: You hereby agree to indemnify, defend and hold harmless AMP, its members, managers, employees, agents, affiliates, and suppliers from and against any and all causes of action, claims, costs, damages, losses, and expenses, including without limitation, reasonable attorneys' fees, arising from or as a result of your breach of this Agreement, including a breach as a result of your infringement, misuse or misappropriation of any valid copyright, trademark, trade name, service mark, patent, or any other proprietary right of a third party. Your indemnification obligations under this Paragraph G. will survive any termination of this Agreement for any reason.
H. GOVERNING LAW; COMPLETE AGREEMENT: This Agreement constitutes the complete agreement between the parties with respect to your license to use the Software and supersedes all prior or contemporaneous agreements, discussions, representations, and warranties, whether oral or written, with respect to the subject matter of this Agreement. You acknowledge that no promises, representations, inducements, agreements, or warranties, other than those set forth in this Agreement, have been made to induce you to execute this Agreement. This Agreement is deemed to have been entered into in the State of Missouri and will governed by the laws of the State of Missouri, USA, without giving effect to its choice of laws provisions. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement and shall not be used in any manner with respect to the interpretation or enforcement of this Agreement. Any cause of action or other resolution of any dispute hereunder shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Jackson County, Missouri, USA.
I. AMENDMENTS: This Agreement cannot be amended or modified unless such amendment or modification is in writing and signed by both you and AMP.
J. ASSIGNMENT; SUBLICENSING: You may not assign or sublicense, rent, lease, assign, or otherwise transfer the Software or any component or portion thereof to, or permit the use by, any other person without AMP's prior written consent, in each instance. AMP may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its provisions.
K. WAIVER: AMP's waiver of any condition or covenant of this Agreement, or its failure to exercise a right or remedy available to it, shall not constitute a further waiver of the same or any other condition, covenant, right or remedy.
L. ENFORCEABILITY; SEVERABILITY: If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability shall not effect any other provision hereof, and such other provisions shall be interpreted and construed as if the invalid, illegal, or unenforceable provisions had never been contained herein.
M. ATTORNEY'S FEES: If AMP prevails against you, in whole or in part, in any action to enforce the provisions of this Agreement, whether for injunctive relief or damages or both, then in addition to all other damages or relief, AMP shall be also entitled to recover from you the costs and expenses incurred in the successful pursuit of such action or portion thereof, including reasonable attorneys' fees.
BY INSTALLING AND USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO THE PROVISIONS HEREOF. FURTHER, IF YOU ARE ACTING ON BEHALF OF ANY OTHER PERSON, YOU ACKNOWLEDGE THAT YOU ARE DULY AUTHORIZED TO BIND SUCH PERSON TO THE PROVISIONS HEREOF, AND BY ENTERING INTO THIS AGREEMENT, YOU ARE BINDING YOURSELF AND ANY OTHER USER OF THE SOFTWARE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING THE "I AGREE" BUTTON, OR OPENING THE SOFTWARE AND INSTALLING SAME, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
