I_B9 Disclaimer
Disclaimer
I_B9 is primarily a package of custom interactive phrases. The price
covers the use of these phrases, and not the software, and as such,
there is no discount for the phrases only. Purchase of this
package does not grant ownership of the phrases, only the right
to enjoy them for your own personal use. Distributing copies
of any part of this package is strictly prohibited and is a violation
of US copyright laws.
Interactive
B9 software license
Please read
this license agreement carefully:
This license
agreement ("Agreement") is a legal agreement between you
(either as an individual or as an organization such as a company)
and B9Creations, LLC ("B9Creations"). The agreement covers
the use of this software, related information and documentation
which can be downloaded at www.b9rbc.com (together the "Software").
By using the Software, you agree to be bound by the terms of this
Agreement. If you do not agree to the terms of this Agreement, B9Creations
will not license the use of the Software to you. In such event,
do not use the Software and you must destroy any copies of the Software
in your possession.
This Agreement
supersedes and replaces all previous licenses in respect of the
Software. and constitutes the entire agreement between the parties
with respect to its subject matter, and supersedes all prior agreements,
understandings, proposals, representations and discussions between
the parties, whether oral or written. There are no understandings,
agreements, representations or warranties, expressed or implied
not expressly specified herein.
This Agreement
cannot be changed except by written agreement between the parties.
Grant of license
B9Creations grants you the non-exclusive, limited right to use and
enjoy one copy of the Software for any legal purpose you might invent
and to make a single back-up copy of the Software and use it solely
for back-up and archival purposes, provided you comply with the
following terms:
1. you agree
to indemnify and hold B9Creations harmless from and against any
and all damages, losses, costs, claims, expenditure and liability
arising out of or related to the use of the Software; and
2. you may not transfer any of your rights or obligations under
this Agreement to any other person.
Termination
This Agreement lasts until you terminate it by destroying all copies
of the Software. If you fail to comply with the terms and conditions
of the Agreement, then B9Creations may terminate this Agreement
and you will then be required to destroy all copies of the Software.
B9Creations may also terminate this Agreement immediately on notice
for any reason.
Intellectual
Property Rights
The Software is protected by international copyright laws and treaty
provisions, as well as other intellectual property laws and treaties.
The Software is licensed, not sold.
All title, copyright,
and all other intellectual property rights in and to the Software
are owned by B9Creations and B9Creations's licensors. Except as
specifically set out in this Agreement you may not copy, sell, distribute,
offer for sale or in any way disclose to third parties the Software.
All rights not specifically granted under this Agreement are reserved
by B9Creations.
No warranty
Except where otherwise stated in writing, B9Creations provides the
Software "as is" without warranty of any kind. The terms
of this license set out the full extent of B9Creations's liability
in respect of the Software. Should the Software prove defective,
you are solely responsible for the cost of all servicing, repair
or correction of the Software. You shall have no remedy in respect
of any untrue statement made to you upon which you relied in entering
into this Agreement (unless that statement was made knowing that
it was untrue) other than any remedy you may have for breach of
the express terms of this Agreement. Any condition, warranty, representation
or other term relating to the supply or failure to supply the Software
which would otherwise be implied into or incorporated into this
license (including, without limitation, the implied terms of merchantability,
satisfactory quality and fitness for purpose), whether by statute,
common law, course of dealing, contract or otherwise, is hereby
excluded to the extent permitted by law. In any event, B9Creations's
liability arising out of or in connection with this Agreement or
any collateral contract, whether in contract, tort or otherwise,
shall not in any circumstances exceed $100. B9Creations shall not
be liable in any way for any loss of revenues, profits, business
or anticipated savings or, without limitation, for any indirect
or consequential loss or damage suffered by you or any third party
in connection with this Agreement notwithstanding that B9Creations
may have been notified of the possibility of such damage. Nothing
in this Agreement shall exclude or limit B9Creations's liability
for the tort of deceit or for death or personal injury caused by
its negligence. Nothing in this Agreement will affect the statutory
rights of any consumer.
General Provisions
This Agreement is governed by the laws of State of South Dakota
and the United States of America and if any disputes arise from
or in relation to it, you agree to submit to the exclusive jurisdiction
of the South Dakota Courts, save that B9Creations may institute
proceedings against you in any competent jurisdiction.
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