IMPORTANT: READ THIS LICENSE AGREEMENT (THE “LICENSE”) CAREFULLY BEFORE PROCEEDING. DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT ACCOMPANIED BY OR INCLUDED WITH THIS LICENSE INDICATES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE, PROMPTLY RETURN THE UNINSTALLED AND UNREGISTERED SOFTWARE TO BOSON AT THE ADDRESS INDICATED BELOW FOR A FULL REFUND.
Grant of Single-User License. YOU ARE THE ONLY PERSON ENTITLED TO USE THE SOFTWARE. This is a license agreement between you (an individual) and Boson Software, LLC (“Boson”) whereby Boson grants you the revocable, personal, non-exclusive and nontransferable license and right to install, activate, and run the software product accompanied by or included with this License, all content included therewith, updates (if any), and all corresponding documentation (collectively referred to as the “Software”). ONLY YOU (AND NO ONE ELSE) ARE ENTITLED TO INSTALL, RUN, AND/OR COPY THE SOFTWARE. The Software is protected by copyright and other state, federal and international intellectual property laws. Boson reserves all rights not expressly granted in this License, and Boson continues to own the Software, including all rights, title, interest, and all copyrights in and to the Software as well as any copy made by you. Unauthorized copying of the Software, or failure to comply with this License will result in automatic termination of the license granted hereunder, and will entitle Boson to pursue other legal remedies against you. IMPORTANT, under the terms of this License:
YOU MAY: (a) install and run the Software on only one computer or workstation solely for your personal and non-commercial use, and (b) make one (1) copy of the Software for backup purposes only.
YOU MAY NOT: (a) allow any other person to install, run or copy the Software, (b) install or run the Software on more than one computer or workstation; (c) modify, translate, reverse engineer, decompile, decode, decrypt, disassemble, adapt, create a derivative work of, or in any way derive source code from or copy the Software (except one backup); (d) sell, rent, lease, sublicense, or otherwise transfer or distribute the Software to any other person or entity without the prior written consent of Boson (and any attempt to do so shall be void); (e) use or install the Software on a network of any sort (these require a separate license from Boson); (g) remove or conceal any proprietary notices, labels, or trademarks on the Software; or (h) direct, assist or permit any other person or entity to do any of the foregoing.
Term. The term of the license granted hereunder shall commence upon the earlier of your acceptance of this License or your downloading, installing, copying, or using the Software; and such license will expire upon the earlier of either: (i) that date which is three (3) years from the date of commencement, or (ii) such other term of duration as specified in writing by Boson at time of your purchase or installation of the Software as expressly stated on your Software invoice or receipt from Boson, or (iii) whenever you permanently discontinue use of the Software. Upon expiration or termination of the license granted hereunder, you agree to: (i) immediately discontinue all use of the Software, and (ii) return to Boson or destroy all media containing the Software as well as all other physical copies of the Software and remove and delete all copies contained in any computer memory or data storage apparatus under your control.
Limited Warranty, Limitation of Remedies and Liability. If applicable, Boson warrants the media on which the Software is recorded to be free from defects in materials and free from faulty workmanship for a period of thirty (30) days after the date you install the Software. If, during this 30-day period, the Software media is found to be defective or faulty in workmanship, the media may be returned to Boson for replacement without charge. YOUR SOLE REMEDY UNDER THIS LICENSE SHALL BE THE REPLACEMENT OF DEFECTIVE MEDIA AS SET FORTH ABOVE.
EXCEPT AS EXPRESSLY PROVIDED FOR MEDIA ABOVE, BOSON MAKES NO OTHER OR FURTHER WARRANTIES REGARDING THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING THE QUALITY OF THE SOFTWARE, ITS PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE IS LICENSED TO YOU ON AN “AS-IS” BASIS. THE ENTIRE RISK AS TO THE PERFORMANCE AND QUALITY OF THE SOFTWARE REMAINS SOLELY WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BOSON, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE (OR EXPAND UPON) ANY WARRANTY BEYOND THAT PROVIDED ABOVE WITH RESPECT TO THE MEDIA, AND YOU MAY NOT RELY UPON ANY SUCH INFORMATION OR ADVICE.
BOSON’S EXCLUSIVE AND MAXIMUM LIABILITY FOR ANY CLAIM BY YOU OR ANYONE CLAIMING THROUGH OR ON BEHALF OF YOU ARISING OUT OF YOUR ORDER, DOWNLOAD, INSTALLATION, OR USE OF (OR INABILITY TO USE) THE SOFTWARE SHALL NOT UNDER ANY CIRCUMSTANCE EXCEED THE ACTUAL AMOUNT PAID BY YOU TO BOSON FOR THE SOFTWARE LICENSE GRANTED HEREUNDER. IN NO EVENT SHALL BOSON (NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE) BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH OR ON BEHALF OF YOU FOR ANY INDIRECT, INCIDENTAL, COLLATERAL, EXEMPLARY, CONSEQUENTIAL, OR SPECIAL DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION, LOSS OF USE, PROFITS, BUSINESS INTERRUPTION, GOODWILL, OR SAVINGS, OR ANY LOSS OF DATA, FILES, INFORMATION OR PROGRAMS STORED BY YOU) ARISING UNDER THIS LICENSE AGREEMENT OR OUT OF YOUR ORDER, DOWNLOAD, INSTALLATION OR USE OF (OR INABILITY TO USE) THE SOFTWARE OR MEDIA DELIVERED TO YOU, EVEN IF BOSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Address for Returned Software.
Boson Software, LLC
25 Century Boulevard, Suite 500
Nashville, Tennessee 37214-3679
PLEASE READ CAREFULLY. THE FOLLOWING LIMITS SOME OF YOUR RIGHTS, INCLUDING THE RIGHT TO BRING A LAWSUIT IN COURT. By accepting this License, both you and Boson agree that all claims or disputes between us of any nature whatsoever arising out of or in any way related to the Software or this License Agreement will be submitted to binding arbitration if demanded by either party. The arbitration will be handled by the American Arbitration Association and governed by its rules. This License requiring arbitration (if demanded) is still fully binding even if a class action is filed in which you would be a class representative or member. You and Boson agree that the arbitration of any dispute or claim between us will be conducted apart from all other claims or disputes of other parties and that there will be no class or consolidated arbitration of any claims or disputes covered by this License. The parties also agree that this License does not affect the applicability of any statute of limitations.
Restricted Rights. If the Software is acquired by or for the U.S. Government, then it is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software Act—Restricted Rights at 48 CFR 52.227-19, or clause 18-52.227-86(d) of the NASA Supplement to the FAR, as applicable. The contractor/manufacturer is Boson Software, LLC, 25 Century Boulevard, Suite 500, Nashville, Tennessee 37214-3679.
Submissions. Should you decide to transmit to Boson’s website by any means or by any media any materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, you agree such submissions shall be unrestricted and shall be deemed non-confidential, and concurrent with making any such submission, you grant Boson and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same.
General. This License shall be interpreted and governed by the laws of the State of Tennessee without regard to the conflict of laws provisions of such state, and any arbitration or legal action relating to this License shall be brought in the appropriate forum located in Davidson County, Tennessee, which venue and jurisdiction you agree to submit to, and the prevailing party in any such action shall be entitled to recover reasonable attorneys’ fees and expenses as part of any judgment or award. The pursuit by Boson of any remedy to which it is entitled at any time shall not be deemed an election of remedies or waiver of the right to pursue any of the other remedies to which Boson may be entitled. THIS LICENSE IS THE ENTIRE AGREEMENT BETWEEN US AND SUPERSEDES ANY OTHER COMMUNICATION, ADVERTISEMENT OR UNDERSTANDING WITH RESPECT TO THE SOFTWARE. If any provision of this License is held invalid or unenforceable, the remainder shall continue in full force and effect. All provisions of this License relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Boson’s ownership of the Software and other proprietary rights shall survive any termination of this License.