BitJazz Inc. License Agreements
Carefully read the following license agreement. By using all or any portion of the SheerVideo software, you accept and agree to be bound by this license agreement, just as you would for any other written document signed by you. If you do not agree to this license, do not Use the Software.
BY USING THIS SOFTWARE YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH SUCH TERMS AND CONDITIONS, DO NOT USE THE SOFTWARE.
BitJazz Inc. hereby grants you a nonexclusive license for evaluation purposes only to use one copy of SheerVideo Pro (the "Software") on any single computer, provided the Software is in use on only one computer at any time. "Use" means to download, install, access, copy, execute, or otherwise benefit from the Software.
This is a license, not a sales agreement, between you, the end-user and BitJazz Inc. ("BitJazz"), a California corporation. "You" and "your" refer to any person or entity acquiring or using the Software or Documentation under the terms of this License Agreement. "We," "us" and "our" refer to BitJazz Inc.
If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network service) and one person uses that computer more than 80% of the time, then that person may also use the Software on a portable or home computer.
You may copy the Software and Documentation for back-up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed by this License Grant.
The Software and Documentation are the intellectual property of BitJazz and are protected by United States copyright and patent law, international treaty provisions, and applicable laws of the country in which it is being used. You agree to protect all copyright and other ownership interests of BitJazz in all items in the Software and Documentation supplied under this License Agreement. You agree that all copies of the items in the Software and Documentation, reproduced for any reason by you, contain the same copyright notices, and other proprietary notices as appropriate, as appear on or in the original items delivered by BitJazz.
BitJazz retains title and ownership of the items in the Software, and all subsequent copies, regardless of the form or media in or on which the original and other copies may exist. Except as stated above, this License Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks or any other rights in respect to the items in the Software.
Things You May Not Do
You may not:
Term and Termination
This license agreement takes effect upon your downloading or acquisition of the Software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. This license agreement will automatically terminate if you fail to comply with any of its terms or conditions. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.
Disclaimer of Warranties
YOU AGREE THAT THE SOFTWARE IS PROVIDED TO YOU FOR EVALUATION PURPOSES PRIOR TO PURCHASE ONLY. BITJAZZ MAKES NO REPRESENTATION TO YOU REGARDING THE ADEQUACY OF THE SOFTWARE AND DOCUMENTATION, WHICH ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. BITJAZZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, WITH REGARD TO THE SOFTWARE AND DOCUMENTATION OR ANY RELATED SERVICES.
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 or exclusions may not apply to you. Nothing contained in this License Agreement shall affect or prejudice your statutory rights. To the extent permissible any implied warranties are limited to ninety (90) days.
BitJazz is under no obligation to provide any support under this License Agreement, including upgrades or future versions of the Software or Documentation, to you, end user, or any other party.
Limitation of Liability
IN NO EVENT WILL BITJAZZ BE LIABLE TO YOU FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE ARISING OUT OF ANY PROVISION OF THIS LICENSE AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF BITJAZZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY PARTY.
Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitations or exclusions may not apply to you. Nothing contained in this License Agreement shall prejudice the statutory rights of any party dealing as a consumer.
The Software and Documentation contain trade secrets and proprietary know-how that belong to BitJazz and are being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS, DATA, OR STRUCTURE, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE-SECRET RIGHTS.
Downloading and installing this Software indicates your acceptance of the foregoing agreement. If you choose to decline the foregoing agreement, you should not download or install the software.