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SOFTWARE LICENSE
This BigBaddaBoom End-User License Agreement ("EULA") is a legal agreement for the BigBaddaBoom Software Product in which this EULA is contained, which includes computer software and may include associated online services and "online" or electronic documentation (collectively the "Software Product"), between you and BigBaddaBoom, Inc. ("BigBaddaBoom"). By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this EULA. You must indicate your agreement to be bound by the terms of this EULA by pressing the "I ACCEPT" button on the Software Product`s installation program, or else you will not be able to install the Software Product.
If you do not agree to the terms of this EULA, you may not install or use the Software Product. If you are installing the Software Product on a computer that is not owned by you, you are bound to the terms of this EULA both in your individual capacity and as an agent of the owner of the computer, and your actions will bind the owner of the computer. You represent and warrant to BigBaddaBoom that you have the capacity and authority to enter into this Agreement on your own behalf as well as on behalf of the owner of the computer the Software Product is being installed upon. For purposes of this EULA, the "owner" of a computer is the individual or entity that has legal title to the computer or that has the possessory interest in the computer if it is leased or loaned by the actual title owner.
COPYRIGHT. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the Software Product) are owned by BigBaddaBoom or its suppliers.
GRANT OF LICENSE. The Software Product is licensed, not sold. Subject to the condition that you are in compliance with the terms of this EULA: (a) you may install and use one copy of the Software Product, or any prior version for the same operating system, on a single computer for use by a single simultaneous operator; and (b) you may install a single copy of the Software Product, strictly for your own personal use, on one portable computer owned by you. No other use, copying or distribution of the Software Product is permitted. You may not rent the Software Product, nor may you offer use of it to others through a service bureau or application service provider. If you are installing this copy of the Software Product as an upgrade, update, patch or enhancement of a prior release of the same Software Product which was installed on the same computer, your rights under the prior license agreement for the Software Product are terminated, and all of your use of the Software Product (including its prior versions) are solely under the terms of this license agreement.
LIMITATIONS. Except to the extent such a restriction is unenforceable under local law, you may not reverse engineer, decompile, or disassemble the Software Product. The Software Product is licensed as a single product, and its component parts may not be separated for use on more than one computer. You may not modify, amend, or create derivative works of the Software Product.
INTELLECTUAL PROPERTY RIGHTS POLICY. You are responsible for the content you deliver to us for storage and production. You are responsible for obtaining permissions for submitted content (audio, data, video, text, and graphics ) which may be required from third parties and you warrant that the products you produce using the Software Product do not infringe upon the rights of any third party, including copyright, trademark or privacy. You represent that you are the owner of the copyright of the content you upload via the Software Product; and, or you created the content yourself and own the copyright in the content; and, or you have a direct or implied license from the copyright owner and, or the contents are in the public domain.
You agree that we have the right, but not the obligation, to monitor any submitted materials, and to disclose any information to any third party in order to operate business properly; to protect ourselves and our customers; and to comply with legal obligations or governmental requests.
We respect intellectual property rights.
We expect everyone who uses our services to respect intellectual property rights.
We will delete all content that is reported to us to violate the intellectual property rights of third parties. We will share the submitter’s account information with third parties as necessary. You agree to indemnify and hold us harmless and accept responsibility for reimbursing us for any costs, expenses or liability we incur if you use our service in any way that is incompatible with our policies or violates any law.
TERM. If the Software Product that was distributed to you was labeled as an EVALUATION VERSION, BETA VERSION, or TRY & BUY VERSION (or its functional equivalent) (an "Evaluation Version"), the license granted under this EULA commences upon the installation of the Software Product and is effective for the longer of 30 days following the date you install the Software Product or the first 20 uses (the "Evaluation Term"). Evaluation Version Software Products may include software code intended to disable their functionality after the expiration of the Evaluation Term. You may take no actions to circumvent the operation of such disabling code, and you accept all risks that might arise from such disabling code. If the Software Product was not distributed as an Evaluation Version, or if you converted an Evaluation Version installation of the Software Product to a non-Evaluation Version of the Software Product by authorized use of the conversion mechanism provided with the Software Product (in each case either being or resulting in a "Full-License Version"), the licenses granted under this EULA commence upon the installation of the Software Product and are effective in perpetuity unless terminated per the terms of this Agreement.
TERMINATION. Upon the expiration of the Evaluation Term (if any), your rights under this EULA terminate automatically without notice from BigBaddaBoom. Without prejudice to any other rights, BigBaddaBoom may terminate this EULA or your rights under this EULA at any time if you fail to comply with the terms and conditions of this EULA. Upon termination of your rights under this EULA for any reason, or upon termination of the EULA itself, you must destroy all copies of the Software Product and all of its component parts in your possession (including all component parts, any prior versions, and this EULA). The terms of this paragraph shall survive any termination of this EULA.
TRANSFER. You may permanently transfer all of your rights under this EULA (except if your rights are in an Evaluation Version), provided you retain no copies, you transfer all copies of the Software Product (including all component parts, any prior versions, and this EULA), and the recipient agrees to be subject to the terms of this EULA. Upon the occurrence of such a transfer, your rights under this EULA terminate immediately.
AS IS. The Software Product is intended for home use and it 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, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade or course of trading. The entire risk as to the results and performance of the Software is assumed by you. We shall not 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 of profit, lost or damaged data or other commercial or economic loss, even if we have been advised of the possibility of such damages or they are foresable; or for claims by a third party.
SUBMISSIONS OF IDEAS
BigBaddaBoom is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to BigBaddaBoom software products, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO BIGBADDABOOM BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO BIGBADDABOOM, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO BIGBADDABOOM THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT BIGBADDABOOM IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY BIGBADDABOOM, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIGBADDABOOM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF BIGBADDABOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BIGBADDABOOM`S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR US$5.00. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
STATEMENT CONCERNING U.S. GOVERNMENT USERS. The Software Product is commercial computer software developed exclusively at private expense, and in all respects is proprietary data belonging to BigBaddaBoom or its suppliers. The Software Product is comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R § 12.212. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202-1 through § 227.7202-4, all U.S. Government licensees acquire the Software Product with only those rights set forth in this EULA.
SITE LICENSES. The owner of the computer that you are installing the Software Product upon may have entered into a broad license agreement with BigBaddaBoom governing the use of certain BigBaddaBoom products including this Software Product. To the extent that the owner of the computer has entered into such an agreement that specifically states that it governs the use of the Software Product on computers owned by the owner, then any conflict between that agreement and this EULA shall be resolved in favor of the terms of that agreement, but otherwise this EULA shall simultaneously govern your license to the Software Product.
THIRD PARTY WORKS. To the extent that any third party`s intellectual property is incorporated within the Software Product, you agree that such third party is a third-party beneficiary of the terms of this EULA to the extent of the third party`s license to BigBaddaBoom.
SAMPLES. The Software Product may be provided with certain "Graphics" and "Audio" intended to demonstrate use of the Software Product or provide a base starting point for use of the Software Product. Graphics may include scraps, backgrounds, or images of real objects, or similar items. If Graphics or Audio are provided, they are considered part of the Software Product for purposes of this EULA. However, you may use and create derivative works from Sample Forms, provided that you do so in conjunction with your use of the Software Product, and that you maintain any copyright notices that may be incorporated within the Graphics or Audio. You may not attempt to use any Graphics or Audio components of the Software Product outside of the Software Product.
GENERAL. This EULA constitutes the entire agreement between you and BigBaddaBoom concerning the Software Product. No terms of any purchase order, acceptance, purported amendment, or any document or communication other than an agreement expressly agreed upon in writing by a duly authorized officer of BigBaddaBoom shall replace, modify, amend or override this EULA. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. No waiver by BigBaddaBoom of any breach of any term or provision of this EULA shall be construed to be a waiver of any preceding or succeeding breach of the same or any other term or provision hereof. Our various rights and remedies hereunder shall be construed to be cumulative and no one of them is exclusive of any other or of any right or remedy allowed by law or in equity. This EULA shall be governed by and construed in accordance with the laws of the State of Colorado, USA (without regard to its choice of law principles), except to the extent the local law of your local jurisdiction requires use of your local jurisdiction`s law, and shall benefit BigBaddaBoom, its successors and assigns. ANY CLAIM OR DISPUTE BETWEEN YOU AND BIGBADDABOOM OR AGAINST ANY AGENT, EMPLOYEE, SUCCESSOR OR ASSIGNEE OF BIGBADDABOOM, WHETHER RELATED TO THIS AGREEMENT OR OTHERWISE, AND ANY CLAIM OR DISPUTE RELATED TO THIS AGREEMENT OR THE RELATIONSHIP OR DUTIES CONTEMPLATED UNDER THIS AGREEMENT, INCLUDING THE VALIDITY OF THIS ARBITRATION CLAUSE, SHALL BE RESOLVED BY BINDING ARBITRATION BY THE NATIONAL ARBITRATION FORUM TO BE HELD IN BOUDLER, COLORADO UNDER ITS CODE OF PROCEDURE THEN IN EFFECT. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA. Should you have any questions concerning this EULA, or if you desire to contact BigBaddaBoom for any reason, please contact: Customer Service, BigBaddaBoom, Inc., at feedback@bigbaddaboom.com