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LICENSE AGREEMENT
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT.
INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU
HAVE READ THIS LICENSE AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS. IF YOU DO NOT
AGREE, RETURN THE COMPLETE PRODUCT TO YOUR PLACE OF PURCHASE WITHOUT INSTALLING. THIS PRODUCT
INCLUDES A 30 EVALUATION PERIOD. THE TERMS OF THE LICENSE AGREEMENT APPLY TO THE EVALUATION
PERIOD AS WELL AS USE AFTER ACTIVATION WITH A PRODUCT KEY. THIS LICENSE AGREEMENT WILL BE
INSTALLED AS license.pdf. THE DEFAULT LOCATION FOR is C:Program
FilesBracketMerge. THIS LOCATION MAY BE CHANGED DURING THE INSTALL PROCESS.
A. LICENSE:
Bradford A. Ritter provides you with storage media containing, or an electronic download of,
the current version of the BracketMerge computer software, including its code, objects as well
as any images, photographs, workspace files, and text incorporated into the software, the
accompanying printed materials, this License Agreement ("License"), and "online" or electronic
documentation (together called the "Product") and I grant you a license to use the Product in
accordance with the terms of this License. Any supplemental software code and supporting
materials provided to you as part of updates or support services provided by me for the
Product shall be considered part of the Product and subject to the terms and conditions of
this License.
B. TITLE & COPYRIGHT:
This License provides you with a limited license to use the Products in a manner consistent
with the terms hereof and does not constitute a sale of the Products. Title, ownership, and
intellectual property rights in and to the Products, and derivatives thereof, remain with
Bradford A. Ritter. The Products are protected by United States and international copyright
laws and international treaty provisions. You may not remove, obscure, or alter any notice of
patent, copyright, trademark, trade secret or other proprietary rights and must reproduce any
copyright or other notice marked on the Product on all copies you make.
C. YOU MAY:
1. install and use one copy of the Product on a single computer.
2. You may also store or install a copy of the Product on a storage device, such as a network
server, used only to install or run the Product on your other computers over an internal
network; however, you must acquire and dedicate a license for each separate computer on which
the Product is installed or run from the storage device.
3. make one copy of the Product for archive or backup purposes.
4. transfer the Product to someone else only if you assign all of your rights under this
License, cease all use of the Product, erase or destroy any copy (including the hard disk copy)
made in support of your use of the Product, and ensure that the person to whom you wish to
transfer the Product agrees to the terms of this License.
D. YOU MAY NOT:
1. use the Product or make copies of it except as permitted in this License.
2. translate, reverse engineer, decompile, or disassemble the Product except to the extent
the foregoing restriction is expressly prohibited by applicable law.
3. rent, lease, assign, or transfer the Product except as set out in paragraph B above.
4. modify the Product or merge all or any part of the Product with another program.
5. redistribute any component files included with the Product
6. separate the component parts of the Product for use on more than one computer.
E. TERM:
This license shall remain in effect only for so long as you are in compliance with the terms
and conditions of this agreement. This license will terminate if you fail to comply with any
of its terms or conditions. You agree, upon termination, to destroy all copies of the Product.
The Limitations of Warranties and Liability set out below shall continue in force even after
any termination.
F. LIMITED WARRANTY:
Bradford A. Ritter has made reasonable checks of the Product to confirm that it will perform
during normal use on compatible equipment. However, due to the inherently complex nature of
computer software, Bradford A. Ritter does not warrant that the Product is error-free, will
operate without limitation, is compatible with all equipment and software configurations, or
will otherwise meet your needs.
G. LIMITATION OF WARRANTIES AND LIABILITY:
EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE PRODUCT IS PROVIDED ON AN "AS-IS" BASIS, WITHOUT
ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR
OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY
YOU. NEITHER I NOR MY DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER
PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER
COMMERCIAL OR ECONOMIC LOSS, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. MY
MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE
AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR
NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A
FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
H. U.S. GOVERNMENT RIGHTS:
See the full license agreement installed with the BracketMerge product, also available
during the installation process.
I. GENERAL:
This License is the entire agreement between us, superseding any other agreement or
discussions, oral or written, and may not be changed except by a signed agreement. This
License shall be governed by and construed in accordance with the laws of the State of
Colorado, USA, excluding that body of law applicable to choice of law and excluding the
United Nations Convention on Contracts for the International Sale of Goods and any
legislation implementing such Convention, if otherwise applicable. If any provision of this
License is declared by a Court of competent jurisdiction to be invalid, illegal, or
unenforceable, such a provision shall be severed from the License and the other provisions
shall remain in full force and effect.
J. PHOTO IMAGES
This product contains numerous photo images (collectively referred to as the "Images") which
are owned by Bradford A. Ritter. As a user of this product you are not free to publish the
Images.
CONTACT INFORMATION : Bradford A. Ritter
2619 McKeag Drive
Fort Collins, CO 80526
bracketmerge@bracketmerge.com
A Patent Application has been filed with the United States Patent and Trademark Office covering the technology in use by BracketMerge.