BrightQ™ v1.6 End User License Agreement (EULA)
Contents
1. OR TERMS EXPRESS OR USAGE OR OTHERWISE AS TO ANY NONINFRINGEMENT OF THIRD PA SATISFACTORY QUALITY 6 Pre release Produc with this license is pre commercial Software then the provision in this Sec in this Agreement this Section shall and condition s with th xtent necessary Software is a pre release version Codehost and may con system or other failures and data loss Software is provided ER INCLUDING WITHOUT LIMITATION M ESS FOR ANY PARTICULAR PURPOSE EPT FOR ANY WARRANTY CONDITION TO WHICH THE SAME CANNOT OR MAY NOT TO YOU IN YOUR JURISDICTION RRANTIES CONDITIONS REPRESENTATIONS STATUTE COMMON LAW CUSTOM ERCHANTABILITY INTEGRATION If the product you have received release or beta Software Pre releas ng Section applies To the extent that any Lict with any other term or condition L supercede such other term s tain bugs release Software but only to to resolve the conflict You acknowledge that the does not represent final product from errors and other problems that could cause Consequently the Pre releas and Codehost disclaims any warranty or liability obligations to you of any kind WHERE LEGALLY LIABILITY CANNOT BE CODI SUM OF FIF has not promised or guara2. End User License Agr nt G NOTICE TO USE a PLEAS SOFTWA EAD 1 YOU 7j 7 ACC THIS CON EPT ALI TRACT CA REFULLY BY USING ALL OR ANY F THE T RMS AND CONDITIONS OF THIS PORTION OF THE AGREEMENT INCLUDING IN SECTION 2 TRANSF AND LIABILITY IN SECTION 7 YOU TIC B ULA RABILITY IN SI AG A lH TION af a LI a FO R R a LIKE ANY WRITTEN NEGOTIATED AGR a EM 4 a ITATIONS ON USE CONTAINED WARRANTY IN SECTION 5 HIS AGREEMENT IS ENFORC S i r m m E THAT T SIGNI F T Z a 7 T hi DO NOT USE THIS SOFTWARI IF YOU e g CD WITHOUT AN OPPORTUNITY r ACQ UIRI ED THE FABLE AGRE EDIA E 17 ED F BY YOU IF YOU DO NOT SOFTWA ON TANGIBLE TO REVI EW p m a ACCEPT THIS AGREEMENT DO NOT USI a Software CD ROM s including but not 1 Definitions files disk s is provided party computer information or written materials or files b upgrades modified versions the Sof LLI means tware if any Updates Use or Using r otherwise benefit from u ccorda nless nce with the Documenta otherwise indicated ranted by Codehost Compu nformation in dig
3. Unless Lid open source Software You le or otherwise translate the disassemb attempt to discover the source code of the non open source Software except to the extent under applicable law you may be expressly permitted to decompile please refer to section 14 or 2 it is essential to do so in order to achieve operability of the Software with another software program and you have first requested Codehost to provide the information necessary to achieve such operability and Codehost has not made such information available Codehost has the right to impose reasonable conditions and to request a reasonable fee before providing such information Any information supplied by Codehost or obtained by you as permitted hereunder may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software Requests for i Customer Support Department accepted trademark practice owners names Trademarks ca produced by the Software and nformation should be directed to the Codehost Trademarks shall be used in accordance with uding identification of trademarks ly be used to identify printed output such use of any trademark does not give you any rights of ownership in that trademark Except as expressly stated herein this Agreement does not grant you
4. be announced or made avai has no express or implied ob the Pr EXCLUD TY DOLLARS ED FOR PRE R EHOST S LIABILITY AND THAT EL EASE OF U S 50 IN TOTAL nteed to you tha able to anyone SOFTWARE hy in the similar to the Pr lease Sof or compa r Software i this Agree Codehost error or pursuant governed you will Sof Sof ve a So Us E tware tware r larger P tware r Lic lease Sof s done en ment egarding sion of the Software roduct n Sof Lf you So the first co cware Ta BE LIABLE CONSEQUENT se Agr mmercial shipment of the publicly rel tware or any produc testing and use of bug reports to a separate written agreeme by such agreement not sublicense you agree to retur received from Codehost and Pre releas ITS SUPPLIERS S You ac Pre r igation to you toa tware and that Codehos tible with th acknowledge that any research or development tha associat tirely at your own risk if requested by Codehost may n So Duri you wi BUT IT MAY BE HALL kn el fu nn ot JE fFiware ed with th ng the term of LIMITED BE LIMITED TO TH owledge that Codehost ease Software will that Codehost ounce or introduce introduce a product Accordingly you you perform regarding Pre releas a ture provide feedback
5. one the So 3 Intellectual Property are authorized by Codehost to US are owned by Codehost Inc and any code that falls under the GN Rights a a backu The Software and any copies tha p copy of the Software your backup copy is not installed or used on any computer transfer the rights to a backup copy unless you transfer all righ tware as provided under Section 4 provided You may not ts in you are th intellectual property of its suppliers U General Public Licens and of refer with the exceptio pleas n to section 13 of the End User Lic code the structure organizatio trade secrets and confiden is protected by copyright tial i inc nse Agr Copyright Law country in which it is bei as set forth in Section 2 So permitted to make pursuant to and other proprietary notices i license you agree not to modify You may his Agreemen hat appear o specifically and expressly permitted by Codehost or a val adapt or also agree not to revers ngin r decompile ment Aside from open source n and code of the Software are the valuable nformation of Codehost uding withou international treaty provisions and applicable ng used ftware License Inc The Software limitation by United States in the except Any copies that you are laws not copy the Software n must contain the same copyright or in the Software
6. 0 1 through 60 60 60 250 and 60 741 The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement 12 Compliance with Licenses If you are a business or organization you agree that upon request from Codehost or Codehost s authorized representative you will within thirty 30 days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from Codehost 13 Exceptions Any portion of the Software or any software distributed alongside attached to or part of the Software that is governed by the GNU General Public License or any license other than this Agreement shall abide by the provisions of such relevant licenses and agreements All such known licenses and agreements are typically provided in the Read Me fil If you have any questions regarding this Agreement or if you wish to request any information from Codehost please use the address and contact information included with this product to contact the Codehost office serving your jurisdiction Codehost and BrightQ ar ither registered trademarks or filed trademarks of Codehost Inc in the United States and or other countries 2004
7. any intellectual property rights in the Software and all rights not expressly granted herein ar reserved by Codehost 4 Transfer You may not portion of the Softwar as may be expressly permitted herein sublicense or authorize all or any copied onto another user s computer except You may however transfer all your rights to Use the Software to another person or legal entity provided that a you also transfer each this Agreement the Software and all other software or hardware bundled or pre installed with the Software including all copies software converted into other formats Updates and prior versions and all copies of font to such person or entity b you retain no copies including backups and copies stored on a computer and c the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software transfer education pre release 5 NO WARRANTY The Softwar Codehost makes no warranty as ITS SUPPLIERS DO NOT AND CANNOT WA MAY OBTAIN BY USING TH REPRESENTATION OR TERM TO T TED BY LAW BE EXCLUDED OR LIMIT Notwithstanding the foregoing you may not for resale copies of the Software is being d ivered to you AS IS and or performance CODEHOST AND THE PERFORMANCE OR RESULTS YOU CODEHOST AND ITS SUPPLII
8. are R ITS SUPPLIE EVER OR ANY PROFITS OR ADVISED OF R ANY CLAIM S APPLY TO TH CODEHOST S R IN CONNECTION SOFTWARE liability Codehost s ng on behalf luding and or limiting this Agreement but EN FO El ti CJ 7 ting from is acti For further information the end of this tact Codehost s Customer Support Department t be shipped any manner prohibited y other export laws t Laws In addition tems under the Export or otherwise nN and that you such rights are forfeited if you fail to comply with the terms of this Agreement 9 Governing Law This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of California This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods the application of which is expressly excluded 10 General Provisions If any part of this Agreement is found void and unenforceable it wi not affect the validity of the balance of the Agreement which sha remain valid and enforceable according to its terms This Agreement shall not prejudice the statutory rights of any party dealing as a consumer This Agreement may only be modified by a writing signed by an authorized officer of Codehost Updates may be licensed to you by Codeho
9. if an Rules dor contained in death or persona of deceit LOE ranties a nd y or con You agree that the So by res if the Sof Laws located wi Iraq Syri the Uni are not otherwise prohibited under All rights to Use the Sof Software ted St trictions or regulatio Cware you represent a thin a Sud xported i ates Export Adminis ns collec ntified as expor nd warrant tha an embargoed nation tra tive is id H FOREGOING LIMITATIONS AND YOUR JURI this Agreemen fraud ts suppliers for the purpose of disclaiming PLIERS UND CODEHOST O IMS OR COSTS WHATSO ANY LOST HAS BE S OR COSTS OR EXCLUSION SDICTION a oy a THE AMO Li ftware will no nto any country or used in tion Act or an ly the an Libya Cuba North the Korea a ER O UNT PAID FOR THE limits Codehost s njury resul Codehos exc nd liability as provided in for no other purpose Expor controlled i you are not a citizen ncluding without limitation Ira nd Serbia Export Laws from receiving the tware are granted on condition tha is also that as as Pr Pr reek ees as part of Pre releas the End releas arlier PE n this Section to the contrary you agree that Pr as SEGE the completion of your testing of the date for Codehost s leased commercial Softw
10. ital esult based on a sequence nc 8671 Hayden Place Cu ter HR FQ GMO E 2 Software License User License Agreement non exclusive the User Manual this may be subject to other terms and conditions a tion As long as you compl HIS SOFTWA all of or other media with which this Agreement aK RE ENSE m HIS LICI AND YOU DO R NOT Bis the contents of the limited to software User Manual updates licensed to you by Codehost means to access sing the functionality of the Software in Permitted Number under a valid lice means an elec or similar form and ma of instructions lver City Cal LY Agreement license to Use the Software for Some third party materials ii additions Codehost or third related explanatory and fonts and and copies of collectively install download i iii copy means one 1 nse e g volume license tronic device that accepts nipulates it for a specific Codehost means Codehost lifornia 90232 th the terms of this End Codehost grants to you a the purposes described in included in the Software wi including the General Public License which are typically found in a Read Me file located near such materials 2 1 General Use You may install and Use a copy of the Software on your compatible computer 2 2 Backup Copy You may make
11. st with additional or different terms This is th ntire agreement between Codehost and you relating to the Software and it supersedes any prior representations discussions undertakings communications or advertising relating to the Software 11 Notice to U S Government End Users The Software and Documentation are Commercial Items as that term is defined at 48 C F R A 2 101 consisting of Commercial Computer Software and Commercial Computer Software Documentation as such terms are used in 48 C F R AS12 212 or 48 C F R A 227 7202 as applicable Consistent with 48 C F R A 12 212 or 48 C F R ASA 227 7202 1 through 227 7202 4 as applicable the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U S Government end users a only as Commercial Items and b with only those rights as are granted to all other end users pursuant to the terms and conditions herein Unpublished rights reserved under th copyright laws of the United States Codehost Inc 8671 Hayden Place Culver City California 90232 USA For U S Government End Users Codehost agrees to comply with all applicable equal opportunity laws including if appropriate the provisions of Executive Order 11246 as amended Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 38 USC 4212 and Section 503 of the Rehabilitation Act of 1973 as amended and the regulations at 41 CFR Parts 6
12. to the Pr provided ee If you have been th ase Software Pre releas including Software nt You agree lease loan rent 30 days of your use of the Software that you may not and certify or transfer th Upon receipt of a later unreleased version of th or release by Codehost of a publicly released commercial whether as a stand alone product or n or destroy all to abide by the terms of ment for any such later versions of th Notwithstanding anything i you are located outside the United States of America will return or destroy all unreleased versions of th tware within thirty Software when such date is earlier than LIMITATION OF LIABILITY TO YOU IAL I LOST SAVIN POSSIBILIT ANY THIRD EV IN ES NO EVENT WILL FO NDI R ANY DAMAGES CLA RECT INCIDENTAL a lt i a DAMAGES OR EN GS Y OF S PARTY EXTENT PER MITTED AGGREGATE LIABIL WITH THIS IF ANY No to you i Of a obligation in no other respects a please see the jurisdiction specific information at Agreement 8 tra Export nsferr IF A CODEHOST REPRES ENTATIVE LOSS DAMAGES CLAI UCH THE BY APPLICABLE ITY AND THAT LAW IN OF ITS SUP AGREEM ENT SHALL BE LIMITED TO thing n the event of negligence or for the S war
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