SOFTWARE LICENSE AGREEMENT

 

Bear Creek Survey Service is the LICENSEE for this agreement.  You, the buyer, are the LICENSOR. 

By accepting a copy of the enclosed software disc, and accompanying information, (described hereinafter as the "Programs"), either separately or as part of computer system or partial system, the LICENSEE implicitly agrees to all provisions of this agreement.

LICENSEE is licensed to and owns a license to use the software, but LICENSOR retains ownership of all information on the disc and in the manual.

LICENSOR reserves the entire right and title to the Programs and to it's reproduction, publication, license, and sale.

LICENSEE agrees that the proprietary information of the Programs is privileged and amounts to a trade secret and that he will take reasonable care not to disclose such information to third parties nor will he transfer Programs to any third party.

LICENSEE has the right to use the Programs information for personal use or in‑business use on the authorized number of machines forever.

30 days of program maintenance beginning on the date of sale is included in the cost of the software. Upgrades are available for a annual fee of $550.00 for each license owned. Payment of a upgrade fee entitles the LICENSEE to an additional year of program maintenance.   Non - payment of maintenance fees will terminate any support or maintenance responsibilities of LICENSOR.

Support and training are available at the cost of  $450.00   (U.S. dollars) per day.  If training is at a place other than LICENSOR's offices, then all of LICENSOR's travel expenses will be paid by LICENSEE.  This includes business class air fare, lodging, ground transportation, etc. 

LICENSOR warrants that it has the right to license the Programs, and will furnish or cause to be furnished to the LICENSEE programs which will be functional and free from media errors. LICENSOR is not liable for any loss caused by use or malfunction of the program, but will make reasonable corrections under the maintenance provisions of Section II above.  In no case is LICENSOR liable for any amount in excess of the original cost of the programs.

This warranty applies only to software developed by LICENSOR.  Any other included software, or hardware such as computers, data collectors, interfaces, etc. are covered by their respective manufacturers warranties, and are excluded from this agreement.

LICENSEE agrees to comply with the export control laws and regulations of the U.S. Department of Commerce , United States of America , and at all times during the term of this agreement.  This software is for the ultimate destination of   North America             .  Diversion of the Programs contrary to U.S. laws is prohibited.

This license is non-transferable. LICENSEE may not transfer it's rights under this Agreement to another individual or company without the written consent of LICENSOR.

If any of the provisions or portions thereof of this Agreement are invalid under any applicable statute or rule of law, they are to that extent deemed omitted.

This Agreement shall be interpreted according to and governed by the laws of the State of Colorado , USA .  Claims or controversies arising out of or relating to this Agreement shall be settled by arbitration in Denver , Colorado , USA in accordance with the rules of the American Arbitration Association.  Any judgment upon the arbitration award may be entered in any court having jurisdiction.

Waiver of any breach of the provisions hereof shall not be deemed to be a waiver of any other breach of said provisions or any breach of any other provisions hereof.  It is agreed that the LICENSEE'S damages for any breach of this agreement shall be limited to the amount of consideration paid by LICENSEE.

This agreement is executed with the understanding that it embodies the entire agreement between the parties pertaining to the subject matter of this Agreement.

No modification or waiver of this Agreement or any of it's provisions shall be binding upon either party unless it is first reduced in writing and signed by an officer of both parties.

 

LICENSOR may refuse to provide support if amounts due under this or subsequent agreements are not paid according to the terms of said agreements. 

 

Acceptance of the software by LICENSEE constitutes acceptance of the terms of this agreement.  LICENSOR may withhold support services for non-payment of any amounts due under this or subsequent software license agreements between LICENSEE and LICENSOR.

 

I accept this agreement                                                    I do not accept this agreement