SOFTWARE LICENSE AGREEMENT OF Breton Humors.
Breton Humors, Netware Version Copyright© 1996-2015 JPR Kraffe
All Rights Reserved.
Breton Humors ("LICENSOR") IS WILLING TO LICENSE THIS SPECIAL VERSION
OF Breton Humors, Breton Humors FREEWARE SOFTWARE AND ITS RELATED
USERS DOCUMENTATION, ("SOFTWARE PRODUCT") TO YOU ONLY IF YOU ACCEPT
ALL OF THE TERMS IN THIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE
READ THE TERMS CAREFULLY BEFORE YOU CLICK ON THE "AGREE" BUTTON
BELOW, BECAUSE BY CLICKING THE 'AGREE" BUTTON AT THE END OF THIS
AGREEMENT, YOU AND ANY SUBSEQUENT END-USER ARE AGREEING TO BE BOUND
BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS,
LICENSOR WILL NOT LICENSE THIS SOFTWARE PRODUCT TO YOU, AND IN THAT
CASE YOU SHOULD CLICK THE "NO" BUTTON AND DO NOT INSTALL, USE OR
DISTRIBUTE THIS SOFTWARE PRODUCT.
Ownership of the Software Product:
1 . This Software Product is owned by Licensor and is protected
by United States copyright laws, by European laws, by laws of other
nations, and by international treaties.
2. All right, title and interest in related trademarks, trade names
and other intellectual property rights, are owned by Licensor, its
affiliated companies, or its suppliers.
Grant of License:
3. This Software Product is distributed or otherwise made available
to you at no charge (direct or indirect). Licensor grants to you
the right to use one copy of the Software Product on a single computer.
You may load one copy into permanent memory of one computer and
may use that copy only on that same computer. You may install the
Software Product on a single network server.
4. Any rights not expressly granted are reserved by Licensor.
Restrictions on Use and Transfer:
5. You may not copy the Software Product, except that (a) you may
make one copy of the Software Product solely for backup or archival
purposes, and (b) you may transfer the Software Product to a single
hard disk provided you keep the original solely for backup or archival
6. You may permanently transfer the Software Product if you retain
no copies and transferee agrees to be bound by the terms of this
Agreement. Such transfer terminates your license. You may not rent
or lease the Software Product or otherwise transfer or assign the
right to use the Software Product, except as stated in this paragraph.
7 . You may not reverse engineer, decompile, disassemble, abuse,
misapply, or wilfully misuse the Software Product.
8. Licensor does not offer technical support for this Software Product,
which means that this Software Product is user-supported. Assistance
in its installation and use is limited to help available from friends,
family, and other users. No Warranties,
Limitations of Liability and Indemnification:
9. LICENSOR PROVIDES THE SOFTWARE PRODUCT ON AN "AS IS" BASIS, AND
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. LICENSOR DISCLAIMS
ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT.
10. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
NEITHER LICENSOR, NOR ANY OF ITS DIRECTORS, EMPLOYEES, REPRESENTATIVES,
OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE
SOFTWARE PRODUCT WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH
YOUR USE OF THE SOFTWARE PRODUCT.
11. THE SOLE AND ENTIRE MAXIMUM LIABILITY OF LICENSOR FOR ANY REASON,
AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL
NOT EXCEED ONE U.S. DOLLAR.
12. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LICENSOR, AND ALL OFFICERS,
DIRECTORS, OWNERS, AGENTS, DISTRIBUTORS, SUPPLIERS, AND AFFILIATES
(COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST
ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES
IN CONNECTION WITH ANY CLAIM ARISING OUT OF ANY BREACH BY YOU OF
THIS AGREEMENT OR ARISING OUT OF YOUR USE, MISUSE, MISAPPLICATION,
ABUSE, WILFUL MISCONDUCT, OR NEGLIGENCE RELATED TO YOUR USE OF THIS
SOFTWARE PRODUCT, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS'
FEES. FURTHERMORE, YOU AGREE TO COOPERATE AS FULLY AS REASONABLY
REQUIRED IN THE DEFENCE OF ANY CLAIM. LICENSOR RESERVES THE RIGHT,
AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL
OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Applicable Laws, Venue and Jurisdiction:
13. This Agreement is governed by the laws of the United Kingdom.
14. Any action or proceeding brought by anyone arising out of or
related to this Agreement shall be brought only in a state or federal
court of competent jurisdiction located in the county of London,
and the parties hereby consent to the jurisdiction and venue of
said courts. General
15. This Agreement may not be modified, amended, cancelled or in
any way altered, nor may it be modified by custom and usage of trade
or course of dealing, except by an instrument in writing and signed
by a duly authorized officer of Licensor.
16. Licensor reserves the right at any time without liability or
prior notice to change the features or characteristics of this Software
Product, or future versions thereof.
17. The failure of either party to enforce any rights granted hereunder
or to take action against the other party in the event of any breach
hereunder shall not be deemed a waiver by that party as to subsequent
enforcement of rights or subsequent actions in the event of future
18. Should any term of this Agreement be declared void or unenforceable
by any court of competent jurisdiction, such declaration shall have
no effect on the remaining terms hereof.
19. This Agreement constitutes the complete and exclusive statement
of the agreement between you and Licensor, and supersedes any proposal
or prior agreement, oral or written, and any other communication
between you and Licensor relating to the subject matter of this
20. If you have any questions concerning this Agreement or wish
to contact Licensor for any reason, please call:
Breton Humors, +44 (0)775 321 0910.
BEFORE YOU CLICK ON THE "AGREE" BUTTON BELOW, YOU ACKNOWLEDGE THAT
YOU HAVE CAREFULLY READ THE AGREEMENT ABOVE. BY CLICKING THE 'AGREE"
BUTTON, YOU AND ANY SUBSEQUENT END-USER ARE AGREEING TO BE BOUND
BY ALL OF THE TERMS AND CONDITIONS ABOVE. IF YOU DO NOT AGREE TO
ALL OF THESE TERMS AND CONDITIONS, CLICK THE "NO" BUTTON, AND DO
NOT USE OR DISTRIBUTE THIS SOFTWARE PRODUCT.