SOFTWARE LICENSE AGREEMENT FOR Keep It Safe!TM
NOTE: We make every effort to keep this page identical to the license agreement in the software. In the event of any discrepancy, the license agreement in the software is binding.
1. This is an agreement between Licensor ("Ducks in a Row, Inc.", "we" or "us") and Licensee ("you" or "your"). When you accept and agree to the terms of this license, you will have permission to use the Keep It Safe!TM software (the "Software") as described below.
2. You acknowledge
that this is only a limited, nonexclusive license. Ducks in a
Row, Inc. is and remains the owner of all titles, rights, and interests
in the Software.
3. Once you have accepted
and agreed to this license agreement and we have received your payment
for the Software, then this License permits you to make two copies of
the Software install package. We recommend that you put these
copies on separate CD's or other removable media and store them safely
and separately. You may install the Software on no more than three
computer systems for use by your household.
4. Upon purchase of
the Software, you will receive a Unique Copy Identifier (UCID), which
may be needed to obtain the Software installation package from Ducks
in a Row, Inc. You agree to take reasonable measures to prevent
the distribution of the UCID except as specified in 5 below. Ducks
in a Row, Inc. may invalidate the UCID at any time if it appears to
have been improperly distributed.
5. Except for the
backup copies authorized above, you may not make any other copies of
the Software or allow copies of the Software to be made by others.
If you want to delete all of your installed and principal
and back up copies of the Software and then sell one CD to a friend,
you may. A sale in such a manner will transfer this License to
your friend. We recommend that you document both your deletion
of other copies and the sale so as to avoid any problems for you or
your friend regarding the transfer of this License. Should you
transfer the license in this manner, you agree to make a reasonable
effort to provide the UCID as well. You agree not to make personal
use of the UCID once you have transferred the license.
6. You will not attempt
to reverse engineer or decompile the Software, nor will you make any
derivative work based on the Software.
7. If you lose the
Software by "system crash" or other physical loss or damage to your
system (such as by fire, flood, or tornado), we will replace the Software
for free, providing you have a valid UCID. We reserve the right
to request and receive proof of your loss prior to replacing the Software.
8. Nothing in this
license agreement requires Ducks in a Row, Inc., to create a patch or
provide future support for the software. If Ducks in a Row, Inc. decides
in the future to create a patch for the Software, you can receive the
patch for free.
9. This Software
is provided "As Is," and, to the extent permitted by law, DUCKS
IN A ROW, INC. DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING
ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR
OF FITNESS FOR A PARTICULAR PURPOSE. No officer, employee, agent,
or representative of Ducks in a Row, Inc. is authorized to make any
warranties. Ducks in a Row, Inc. does not guarantee that the Software
will work or that your system or existing software will continue to
work after you have installed the Software.
10. BY ACCEPTING THIS
LICENSE AGREEMENT, YOU UNDERSTAND AND AGREE THAT NOTWITHSTANDING
THE FOREGOING, DUCKS IN A ROW, INC. IS NOT LIABLE TO YOU FOR ANY
DAMAGES, INCLUDING BUT NOT LIMITED TO, COMPENSATORY, SPECIAL,
INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING FROM,
CONNECTED WITH, OR IN ANY WAY RESULTING FROM THIS LICENSE AGREEMENT
OR YOUR INSTALLATION OR USE OF THE SOFTWARE.
11. You agree to defend
and indemnify Ducks in a Row, Inc. and hold it harmless from all claims,
losses, damages, complaints, or expenses connected with or resulting
from your installation or use of the Software.
12. Ducks in a Row,
Inc. has the right to terminate this License Agreement and your right
to use this Software upon any material breach of this License Agreement
by you.
13. Upon termination
of this License you agree to destroy all copies of the Software, or
return it to us.
14. This License Agreement
is the entire and exclusive agreement between Ducks in a Row, Inc. and
you regarding this Software. This License Agreement replaces and
supersedes all prior negotiations, dealings, and agreements between
Ducks in a Row, Inc. and you regarding this Software.
15. This License Agreement
and any suits related to it or your use of the Software is governed
by the laws of the State of New Mexico, but excluding its choice of
law provisions. While we hope it never happens, in the event a
legal dispute involving this License Agreement or your use of the Software
arises, you hereby agree that the State and/or Federal Courts of New
Mexico shall have personal jurisdiction over you, and further agree
that venue will be proper solely and exclusively in the State or Federal
courts of New Mexico.
16. This License Agreement is valid without Ducks in a Row, Inc!'s signature. It becomes effective upon the earlier of your purchase or use of the Software.