END USER LICENSE AGREEMENT
Case Methods, LLC hereinafter referred to as ("Case Methods") develops
proprietary computer programs and sells use licenses for such proprietary
computer programs together with or apart from accompanying copyrighted material
and documentation and End User desires to obtain the benefits thereof and, in
return for which, is willing to abide by the obligations and fee agreements
applicable to Case Methods's use licenses in Case Methods's proprietary
computer programs.
For good and valuable consideration, including but not limited to license grant
in accordance with this Agreement by Case Methods to End User's covenant
regarding Case Methods's proprietary rights. Case Methods agrees to sell End
User materials representing Case Methods's product or products subject to the
following terms and conditions:
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Exclusive Source
End User shall obtain all Case Methods authorized product materials through
Case Methods or Case Methods's authorized Dealer and no other source. Case
Methods authorized product materials include, but are not limited to, manuals,
license agreements and media upon which company's proprietary computer programs
are recorded, except for archival copies, as defined in section III. End User
shall make no copies of any kind of any of the materials furnished by Case
Methods or Case Methods's authorized Dealer, unless specifically authorized to
do so in writing signed by an officer of Case Methods.
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Proprietary Rights of Case Methods
End User agrees that Case Methods retains exclusive ownership of the
trademarks represented by its company name and logo and product names including
but not limited to BusinessCASE, and all of the documentation and computer
recorded data related thereto. End User also agrees that all techniques,
algorithms, and processes contained in Case Methods's computer program products
or any modification or extraction thereof constitute TRADE SECRETS OF Case
Methods and will be safeguarded by End User, but in no event shall End User
exercise less than due diligence and care in accordance with the laws of the
country of purchase and International Law, whichever operates to best protect
the interests of Case Methods. End User shall not copy, reproduce,
re-manufacture or in any way duplicate all or any part of Case Methods products
WHETHER MODIFIED OR TRANSLATED INTO ANOTHER LANGUAGE OR NOT, or in any
documentation, or in any other material provided by Case Methods in association
with Case Methods's computer program products except as specified in this
Agreement and in accordance with the terms and conditions of this Agreement
which remain in force. End User agrees that unauthorized distributing, copying,
duplications, or otherwise reproducing ALL OR ANY PART OR TRANSLATED PART of
the computer program products provided by Case Methods or the failure to
protect such computer programs will actually and materially damage Case
Methods. End User agrees that in the event End User breaches this agreement,
End User will be liable for damages as may be determined by a court of
competent jurisdiction.
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Archive Copies
End User may make archival copies of those portions of Case Methods's
product(s) that are provided on a machine readable media, provided such copies
are for the End User's personal use on one microcomputer and that no more than
one such copy is used at any time unless End User has paid for multiple copy
use as described in ARTICLE IV of this Agreement.
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Single CPU, Single Website
Case Methods use licenses are applicable to a single website on a single
microcomputer installation. In the event End User intends to use a Case Methods
product or any part thereof on more than one website and/or microcomputer, the
license fee for each such multiple use must be purchased. Quantity discounts in
accordance with Case Methods policy will apply. In the event of simultaneous
use, a license must be obtained for each instance of possible simultaneous
execution.
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Assignment
In the event End User wishes to transfer the rights granted by this Agreement,
retaining none thereby, a letter requesting such transfer accompanied by the
original diskette or label therefrom, must be sent to Case Methods. Case
Methods will then select the most appropriate method for distribution of the
transferred rights.
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Limited Warranty Agreement
THE SOFTWARE AND ITS ACCOMPANYING FILES ARE SOLD OR MADE AVAILABLE "AS IS" AND
WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES
WHETHER EXPRESSED OR IMPLIED. NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE
IS OFFERED.
ANY LIABILITY OF THE CASE METHODS WILL BE LIMITED EXCLUSIVELY TO PRODUCT
REPLACEMENT OR REFUND OF PURCHASE PRICE. PROOF OF PURCHASE WILL BE REQUIRED BY
CASE METHODS BEFORE PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE IS
PROVIDED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CASE METHODS AND ITS
SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND WARRANTIES OF NONINFRINGEMENT, WITH REGARD TO THIS
SOFTWARE AND ITS ACCOMPANYING DOCUMENTATION. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION
TO STATE/ JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CASE
METHODS OR ITS SUPPLIERS BE LIABLE FOR ANY 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 THIS BLUE AEGIS SOFTWARE PRODUCT,
EVEN IF CASE METHODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES / JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THIS WARRANTY STATEMENT
IS BROUGHT INTO CONSIDERATION IN A STATE OR JURISDICTION THAT DOES NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE LICENSEE VOLUNATRILY AND WITHOUT RESERVE AGREES TO WAIVE SUCH
EXCLUSIONS. THE ABOVE LIMITATIONS WILL APPLY IN ALL CASES.
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Updates
Case Methods may, from time to time, revise the performance of its products
and in doing so, incur NO obligation to furnish such revisions to any Case
Methods customer. At Case Methods's option, Case Methods may provide such
revisions to its Dealers. Also, at Case Methods's option, Case Methods may
provide its dealers and End Users with a revision newsletter from time to time.
(No update or customer service or newsletter distribution will be provided
unless a properly signed End User Agreement Acknowledgment is on file at Case
Methods offices.)
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Customer Support
It is Case Methods's customary practice to provide reasonable assistance and
support in the use of its products to its customers through its dealer network.
End Users therefore are expected to obtain customer service from their Dealer.
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Termination of License
If any one or more of the provisions of this Agreement is breached, the
license granted by this Agreement is hereby terminated. Nevertheless, in the
event of such termination, all the provisions of this Agreement which operate
to protect the rights of Case Methods shall continue in force.
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Injunctive Relief
It is understood and agreed that, notwithstanding any other provisions of this
Agreement, Case Methods has the unequivocal right to obtain timely injunctive
relief to protect the proprietary rights of Case Methods.
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Governing Law
When signed in the United States, this Agreement shall be interpreted in
accordance with the laws of the State of Colorado. When signed in any other
country, this agreement will be interpreted in accordance with International
Law. In the event any part of this Agreement is invalidated by court or
legislative action of competent jurisdiction, the remainder of this Agreement
shall remain in binding effect.
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Legal Fees
In the event of legal action brought by either party, the prevailing party
shall be entitled to reimbursement of legal fees as set by court action.
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Entire Agreement
This Agreement constitutes the entire agreement between the parties and
supersedes any prior agreements. This Agreement may only be changed by mutual
written consent.
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Acknowledgement
By clicking 'I Agree' to the Case Methods End User Agreement Acknowledgment,
the End User hereby accepts all the terms and conditions of this Agreement
without exception, deletion or alteration. End User recognizes that any use of
Case Methods products without the return of said End User Agreement
Acknowledgment will be considered a breach of contract, subject to liquidated
damages and otherwise unlawful and an unauthorized use of Case Methods's trade
secrets and proprietary products.
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