Software License

Electronic End User License Agreement for bergdesign incorporated Maskerade™

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (the "Agreement") CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND RETURN THE ENTIRE MEDIA PACKAGE TO BERGDESIGN OR THE LOCATION THAT YOU OBTAINED IT FOR A REFUND.

  1. License. The software and documentation accompanying this Agreement whether on disk or any other media or in any other form (the "Software") are licensed to you (the "Licensee") by bergdesign incorporated or its local subsidiary ("bergdesign"). The Software accompanying this Agreement and any copies which this Agreement authorizes you to make are subject to this Agreement.
  2. Permitted Uses and Restrictions. This Agreement allows you to install and use the Software on a single computer at a time. The Agreement does not allow the Software to exist on more that one computer at a time. The Software may be used concurrently by no more than the number of users specified in the sales invoice to you. You may not permit unlicensed persons to use your copy of the Software.
  3. Copyright. The Software is owned by bergdesign, and its structure, organization and code are the valuable trade secrets of bergdesign. The Software is protected by United States Copyright Law and International Treaty provisions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You agree not to attempt to increase the functionality of the Software in any manner. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software. You may make one copy of the Software in machine-readable form for backup purposes only, provided that all copyright information contained in the original is contained in the backup copy.
  4. Limitation of Liability. bergdesign is licensing the Software on an "as-is" basis, and bergdesign makes no warranties expressed or implied, including, without limitation, as to non-infringement of third party rights, merchantability, or fitness for any particular purpose or about the accuracy of data or information made accessible by it. In no event will bergdesign be liable to Licensee for any consequential, incidental or special damages, including any lost profits or lost savings, even if representatives of such parties have been advised of the possibility of such damages, or for any claim by any third party. bergdesign has no obligation to issue any updates, revisions, corrections, new versions, or manuals for the Software or otherwise to support the Software. Content accessed through the Software is the property of the applicable content owner and this Agreement conveys no rights to such content which may be protected by applicable copyright or other intellectual property laws. bergdesign reserves the right at any time to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability, or other characteristics of the Software. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction.
  5. Transfer. You may not rent, lease, sub-license or lend the Software. You may, however, transfer all your rights to use the Software to another person or legal entity provided (i) that you transfer this Agreement and the Software to such person or entity, (ii) that you retain no copies, including copies stored on a computer, and (iii) that the receiving party accepts to be bound by the terms and conditions of this Agreement.
  6. Government End Users. If this product is acquired under the terms of a GSA contract, use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract. If this product is acquired under the terms of a DoD contract, use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of 252.227-7013. If this product is acquired under the terms of a Civilian agency contract, use, reproduction, or disclosure is subject to 52.227-19 (a) through (d) and restrictions set forth in the accompanying end user agreement.
  7. Governing Law and General Provisions. This Agreement shall be governed by the laws of the United States, the laws of the State of Texas and the applicable local law of such jurisdiction where bergdesign’s intellectual property rights may be infringed excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The venue of any dispute under this Agreement shall be the applicable State and/or Federal courts for Fort Worth, Texas except that bergdesign may enforce its intellectual property rights before the competent courts of any jurisdiction where an act of infringement has occurred. If any provision of this License Agreement is unenforceable, invalid, or violates applicable law, such provision shall be deemed stricken and shall not affect the enforceability of any other provision of this Agreement.
  8. Export. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
  9. Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software and supercedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by an authorized officer of bergdesign. Your rights under this Agreement will terminate automatically without notice from bergdesign if you fail to comply with any term(s) of this Agreement.

Unpublished-rights reserved under the copyright laws of the United States. bergdesign incorporated. bergdesign is a trademark of bergdesign incorporated which may be registered in certain jurisdictions.