Lincoln Beach Software License Agreement
BEFORE YOU INSTALL Black Hole Organizer, CAREFULLY READ
THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY INSTALLING THE SOFTWARE
YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS
AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
DO NOT INSTALL OR USE THE SOFTWARE.
1. Lincoln Beach Software ("Lincoln Beach") grants to you a limited,
non-exclusive, non-sublicensable, license to use this version of
Black Hole Organizer (the "Software"), in binary executable form.
2. Lincoln Beach Software MAKES NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE
ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED
'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT. Lincoln Beach Software SHALL NOT BE LIABLE UNDER ANY
THEORY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE.
3. Title, ownership rights, and intellectual property rights in and to
the Software shall remain in Lincoln Beach Software and/or its
suppliers. You agree to abide by the copyright law and all other
applicable laws of the United States including, but not limited to,
export control laws. You acknowledge that the Software in source code
form remains a confidential trade secret of Lincoln Beach Software
and/or its suppliers and therefore you agree not to modify the
Software or attempt to decipher, decompile, disassemble or reverse
engineer the Software, except to the extent applicable laws
specifically prohibit such restriction.
4. This License is personal to you and you agree not to assign your
rights herein. This License shall be governed by and construed in
accordance with the laws of the State of Missouri and, as to matters
affecting copyrights, trademarks and patents, by U.S. federal law.
This License sets forth the entire agreement between you and Lincoln
Beach Software.
5. You may not download or otherwise export or reexport the Software
or any underlying information or technology except in full compliance
with all United States and other applicable laws and regulations.
6. Lincoln Beach Software OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR (a)
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY SORT,
WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, EVEN IF Lincoln Beach
Software HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b)
FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL
NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
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