IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENSE AGREEMENT This SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE PRODUCT is licensed, not sold.
1. Eligible Licensees. This Software is available for license solely to SOFTWARE owners, with no right of duplication or further distribution, licensing, or sub-licensing. IF YOU DO NOT OWN THE SOFTWARE, THEN DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.
2. License Grant. Box Level Buddy, LLC grants to you a non-transferable and non-exclusive right to use the copy of the Software provided with this EULA. Your license can be used for your Amazon account by you or any employees of your business. Your license will terminate on the date your service terminates. You agree you will not copy the Software except as necessary to use it on up to three computers. You agree that you may not copy the written materials accompanying the Software. Modifying, translating, renting, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the Software. You may not transfer this Software.
3. Copyright; Intellectual Property. The Software is licensed, not sold. You acknowledge that no title to the title, copyright, and any other intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Box Level Buddy, LLC and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above. All copies of the Software will contain the same proprietary notices as contained in or on the Software. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and “applets,” incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Box Level Buddy, LLC or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
4. Reverse Engineering. You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to Box Level Buddy, LLC.
5. Disclaimer of Warranty. The Software is provided “AS IS” without warranty of any kind. Box Level Buddy, LLC and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens, warranties or conditions arising through course of dealing or usage of trade, and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. Neither Box Level Buddy, LLC nor its suppliers warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. Box Level Buddy, LLC IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE. There are no warranties that extend beyond the face of this contract.
6. Limitation of Liability. Box Level Buddy, LLC’s entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any. In no event shall Box Level Buddy, LLC or its suppliers be liable to you for any consequential, special, punitive, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if Box Level Buddy, LLC or its supplier has been advised of the possibility of such damages, or any claim by a third party. The exclusion of damages under section 6 is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
7. Rental. You may not loan, rent, or lease the SOFTWARE.
8. Upgrades. If the SOFTWARE is an upgrade from an earlier release or previously released version, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a software program which you licensed as a single product, the SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than one computer.
9. OEM Product Support. Product support for the SOFTWARE PRODUCT IS provided by Box Level Buddy, LLC. For product support, please visit www.boxlevelbuddy.com for help documents. Should you have any questions concerning this, please refer to the address provided in the documentation.
10. No Liability for Consequential Damages. In no event shall Box Level Buddy, LLC or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this Box Level Buddy, LLC product, even if Box Level Buddy, LLC has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
11. Indemnification By You. If you distribute the Software in violation of this Agreement, you agree to indemnify, hold harmless and defend Box Level Buddy, LLC and its suppliers from and against any claims or lawsuits, including attorney’s fees that arise or result from the use or distribution of the Software in violation of this Agreement. Box Level Buddy, LLC P.O. Box 102, Bullard, TX 75757. [email protected]
12. Choice of Law. You consent to the exclusive jurisdiction and venue of state or federal courts in Smith County, Texas, USA for all disputes relating to this contract. You cannot revoke this consent.
13. Interpretation of Contract. All parts of this contract apply to the maximum extent permitted by applicable law. A court may hold that a part of this contract may not be enforced as written. If this happens, then that part will be replaced by terms that most closely match the intent of the part that cannot be enforced. The rest of this contract will not be changed. This is the entire contract between us regarding your use of the Software. It supercedes any prior contract or statements regarding your use of the Software. If you have confidentiality obligations related to the Software, those obligations remain in effect (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.
14. Claim must be filed within one year. Any claim related to this contract or the service must be brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not, then that claim is permenantly barred. This applies to you and your successors. It also applies to us and our successors and assigns.