Bits n' Bytes Software Inc.
Software License Agreement


PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ('LICENSE') CAREFULLY BEFORE USING THE BITS N' BYTES SOFTWARE. BY USING THE BITS N' BYTES SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE BITS N' BYTES SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE BITS N' BYTE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK 'DISAGREE/DECLINE'. FOR BITS N' BYTES SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.

IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.

1. General. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the 'Bits n' Bytes Software') are licensed, not sold, to you by Bits n' Bytes Inc. ('Bits n' Bytes') for use only under the terms of this License, and Bits n' Bytes reserves all rights not expressly granted to you. The rights granted herein are limited to Bits n' Bytes' intellectual property rights in the Bits n' Bytes Software and do not include any other patents or intellectual property rights. You own the media on which the Bits n' Bytes Software is recorded but Bits n' Bytes retains ownership of the Bits n' Bytes Software itself. The terms of this License will govern any software upgrades provided by Bits n' Bytes that replace and/or supplement the original Bits n' Bytes Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Title and intellectual property rights in and to any content displayed by or accessed through the Bits n' Bytes Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.

2. Permitted License Uses and Restrictions. This License allows you to install and use one copy of the Bits n' Bytes Software on a single computer at a time. The Bits n' Bytes Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. This License does not allow the Bits n' Bytes Software to be installed or exist on more than one computer at a time. You may make the Bits n' Bytes “server” Software available over a private or public network where it could be accessed by multiple “client” computers at the same time. However, client computer access must be restricted to the maximum number of authorized users under the financial terms of an agreement between the purchaser and Bits n' Bytes Inc.. Under no circumstances may the software be configured TO BE or MADE PUBLICALLY available as an “Application Service Provider” host. You may make one copy of the Bits n' Bytes Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Bits n' Bytes Software or any part thereof.

3. Transfer. You may not rent, lease, lend or sublicense the Bits n' Bytes Software nor may you rent, lend, lease or sublicense the use of the Bits n' Bytes Software in a commercial or not-for-profit environment. All components of the Bits n' Bytes Software are provided as part of a bundle and may not be separated from the bundle and redistributed, rented, lent or leased as standalone applications.

4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Bits n' Bytes if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Bits n' Bytes Software and destroy all copies, full or partial, of the Bits n' Bytes Software.

5. Limited Warranty on Media. Bits n' Bytes warrants the media on which the Bits n' Bytes Software is recorded and delivered by Bits n' Bytes to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Bits n' Bytes' option, a refund of the purchase price of the product containing the Bits n' Bytes Software or replacement of the Bits n' Bytes Software which is returned to Bits n' Bytes or a Bits n' Bytes authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE BITS N' BYTES SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BITS N' BYTES SOFTWARE IS PROVIDED 'AS IS', WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BITS N' BYTES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE BITS N' BYTES SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BITS N' BYTES DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE BITS N' BYTES SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE BITS N' BYTES SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE BITS N' BYTES SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE BITS N' BYTES SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BITS N' BYTES OR A BITS N' BYTES AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE BITS N' BYTES SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BITS N' BYTES, ITS RESELLERS, OR ITS DISTRIBUTORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE BITS N' BYTES SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BITS N' BYTES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Bits n' Bytes' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

8. Export Law Assurances. You may not use or otherwise export or reexport the Bits n' Bytes Software except as authorized by Canadian law and the laws of the jurisdiction in which the Bits n' Bytes Software was obtained.

10. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

11. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Bits n' Bytes Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Bits n' Bytes. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.