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LAUNCHPAD END USER LICENSE AGREEMENT (EULA)
Revision 1.0 May 2010
IMPORTANT: This software end user license agreement ("EULA") is a
legal agreement between you ("the purchaser") and Black Widow Software
LLC. ("BWS"). Please read this carefully before purchasing,
completing the installation process and using the Software. If you
agree on behalf of yourself, or your company, to be bound by the terms
and conditions in this agreement, click the "I accept" button. By
installing and using the Software, you are confirming your acceptance
of the software and agreeing to become bound by the terms of this
agreement. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE
SOFTWARE and click the "I do not accept" button. This EULA shall apply
only to the Software supplied by Black Widow Software LLC. The terms
also apply to any BWS updates, supplements, Internet-based services,
and support services for this software, unless other terms accompany
those items. If so, those terms apply.
• LICENSING
Black Widow Software LLC. remains the sole owner of any intellectual
rights over the software about to be installed and/or used. The
Software is licensed to the purchaser, not sold. The purchaser is only
licensing the Software for use according to the terms stated within
this EULA, to which the purchaser may or may not agree, at his own
discretion. Any attempt to reverse-engineer, decompile, redistribute,
copy, clone, modify, display, rent, lease, loan, transfer, distribute,
merge or alter in any way the licensed software without BWS`s specific
approval is strictly prohibited. Under certain conditions you may add
your own modules to our Software. Please contact us at:
licensing@blackwidowsoftware.com for questions regarding this matter.
Purchasing one licensed copy of the Software is valid for installation
on one computer. You may transfer the Software to a different internal
workstation or user so long as you have purchased a License for
each such workstation or user. You may not, however, transfer the
Software to a Third Party.
• LICENSE KEY
The use of the Software requires a “license key” from BWS. The
license key is a printable digital key used by BWS for license
activation purposes. You agree that you will not attempt to hack,
crack, reverse-engineer or otherwise modify this "license key".
• TRIAL PERIOD
You may install, use, access, display and run the Software for
purposes of evaluation for a period of thirty (30) days from the date
of requesting your first trial key of the Software to determine if the
Software meets your needs. Upon completion of your evaluation or at
the end of the 30-day trial period, whichever occurs first, you must
do one of two things: either a) purchase the appropriate license in
order to continue the use of the Software or 2) discontinue its use,
and uninstall the Software from any and all machines. Under certain
circumstances the trial period can be extended after a written email
request to: licensing@blackwidowsoftware.com stating reasons.
• UPDATES
Except as otherwise expressly provided herein, this EULA will
govern any Software updates and upgrades that may be provided to the
purchaser in accordance with BWS` then current maintenance and support
policies, unless such updates and upgrades are provided under a
separate license agreement. You may use such updates or upgrades only
in conjunction with your then existing Software licensed under this
EULA. The Software and all updates and upgrades are licensed as a
single product and such updates and upgrades may not be separated from
the Software to exceed the scope of your original license. Any other
software that may be provided with the Software that is associated
with a separate end-user license agreement is licensed to you under
the terms of that separate license agreement.
• NO WARRANTIES
BWS provides NO WARRANTY for the usability of its software products.
The Software is provided "as is". This includes but is not limited to
the exclusion of warranties of reliability or availability, of
accuracy or completeness of responses, of results, of lack of viruses,
and of lack of negligence, all with regard to the Software, and the
provision of or failure to provide support or other services,
information, software, and related content through the Software or
otherwise arising out of the use of the Software. Even if the Software
is most likely to work on the purchaser`s machine, it may not, and
this may not be the fault of BWS. BWS cannot be held responsible for
installation errors on behalf of the purchaser. BWS does not warrant
that the Software will operate in combination with other software
products selected by the purchaser, or that the Software will operate
uninterrupted or error-free.
• NO LIABILITY
BWS CANNOT BE HELD FINANCIALLY RESPONSIBLE for any damages occurred as
a result to use of a BWS tool. To the maximum extent of the applicable
laws, this includes but is not limited to special, incidental,
punitive, indirect or consequential damages (e.g. damages for loss of
profits, confidential or other information, loss of data, business
interruption, loss of privacy). The purchaser uses our tool at his or
her own risk. BWS is also not liable to any legal problems that may be
caused by a BWS tool interfering with other third-party applications.
• GOVERNING LAW
The corporate laws of the State of Delaware, United States, govern
this EULA. If applicable law does not permit the parties to agree to
the governing law, the laws of the country in which the purchaser
downloads or acquires the Software govern this EULA. To the extent
permitted by applicable law, any dispute arising under this EULA or
relating to the Software shall be resolved by a court of proper
jurisdiction in Sussex County, Delaware, United States. The purchaser
and BWS irrevocably submit to the jurisdiction of such courts and
waive any and all objections to jurisdiction a party may have under
applicable law. Notwithstanding the foregoing, if the Software is
downloaded or acquired in the People`s Republic of China, any dispute
arising under this Agreement or relating to the Software shall be
resolved by binding arbitration, held in Sussex County, Delaware,
United States, under the Judicial Arbitration and Mediation Services
(JAMS) International Arbitration Rules.
• INTERNATIONAL TRADE COMPLIANCE
The Software and any related technical data is subject to the
customs and export control laws and regulations of the United States
("U.S.") and may also be subject to the customs and export laws and
regulations of the country in which the download is contemplated or
acquired. Further, under U.S. law, the Software and any related
technical data may not be sold, leased or otherwise transferred to
restricted countries, or used by a restricted end-user or an end-user
engaged in activities related to weapons of mass destruction
including, without limitation, activities related to designing,
developing, producing or using nuclear weapons, materials, or
facilities, missiles or supporting missile projects, or chemical or
biological weapons. The purchaser acknowledges that he is not a
citizen, national, or resident of, and is not under the control of the
government of Cuba, Iran, North Korea, Sudan or Syria, and that the
purchaser will not download or otherwise export or re-export the
Software and any related technical data directly or indirectly to the
above mentioned countries nor to citizens, nationals, or residents of
those countries. The purchaser will comply with all applicable export,
re-export and foreign policy controls and restrictions imposed by the
United States and will take the necessary actions and precautions to
ensure that it complies with all such laws or regulations.
• TERM AND TERMINATION
This EULA is effective until terminated. The purchaser may
terminate this EULA by uninstalling the Software. The licenses
granted herein shall automatically terminate without notice if the
purchaser fails to comply with any material provision of this EULA.
In such event, the purchaser must immediately uninstall the Software.
This shall not limit or affect any remedy available to BWS for your
breach of this EULA.