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End-User License Agreement
Briteclick requires that you accept the following End-User License Agreement before installation can proceed:
By downloading the Briteclick software ('Briteclick Software'), you agree to these software license terms (the "Software License") that supplement the Briteclick Terms of Service ("TOS") located at http://www.briteclick.com/terms/ If you disagree with any of the terms below, Briteclick does not grant you a license to use the Briteclick Software.
Briteclick reserves the right to update and change, from time to time, this Software License and all documents incorporated by reference. You can always find the most recent version of this Software License at http://www.Briteclick.com/license/. Briteclick may change this Software License by posting a new version without notice to you. Use of the Briteclick Software
after such change constitutes acceptance of such changes.
1. Licensed Uses and Restrictions.
By accepting the terms of this Agreement, you represent to Briteclick and its affiliates (collectively, "Briteclick") that you are at least 18 years old. The Briteclick Software applications, documentation, and local computer files installed or utilized by the installer application (collectively, the "Briteclick Software") are owned by Briteclick, or Briteclick's licensors and content and data providers ("Briteclick Licensors"), and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. This Software License defines legal use of the Briteclick Software, all updates, revisions, substitutions, and any copies of the Briteclick Software made by or for you. All rights not expressly granted to you are reserved by Briteclick or their respective owners.
a. YOU MAY install and personally use the Briteclick Software and any updates provided by Briteclick (in its sole discretion) in object code form on a personal computer owned or controlled by you and may use the Briteclick Software for your own noncommercial use or benefit. Your license to the Briteclick Software under this Software License continues until it is terminated by either party. You may terminate the Software License by discontinuing use of all or
any of the Briteclick Software and by destroying all your copies of the applicable Briteclick Software. To uninstall the Briteclick Software, you may use the standard add-on / application uninstall process. This Software License terminates automatically if you violate any term of this Software License, Briteclick publicly posts a written notice of termination on the Briteclick web site, or Briteclick sends a written notice of termination to you.
b. YOU MAY NOT:
(i) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Briteclick Software or any portion thereof.
(ii) incorporate the Briteclick Software into any computer chip or the firmware of a computing device manufactured by or for you.
(iii) use the Briteclick Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with TOS or this Software License.
(iv) use the Briteclick Software to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that the Briteclick Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Briteclick is not
(v) use or export the Briteclick Software in violation of applicable U.S. laws or regulations
(vi) sell, lease, loan, distribute, transfer, or sublicense the Briteclick Software or access thereto or derive income from the use or provision of the Briteclick Software, whether for direct commercial or monetary gain or otherwise, without Briteclick's prior, express, written permission.
2. Ownership and Relationship of Parties.
The Briteclick Software is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this Software License and in the TOS. Briteclick and Briteclick's Licensors own all rights, title, and interest in and to their applicable contributions to the Briteclick Software. This Software License grants you no right, title, or interest in any intellectual property owned or licensed by Briteclick, including (but not limited to) the Briteclick Software and Briteclick trademarks, and creates no relationship between yourself and Briteclick's Licensors, or between you and Briteclick other than that of Briteclick to licensee.
3. Support and Software Updates.
Briteclick may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the Briteclick Software (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Briteclick may change, suspend, or discontinue any aspect of the Briteclick Software at any time, including the availability of any Briteclick Software feature, database, or content. Briteclick may also impose limits on certain features and services or restrict your access to parts or all of the Briteclick Software or the Briteclick web site without notice or liability.
4. Fees and Payments.
Briteclick reserves the right to charge fees for future use of or access to the Briteclick Software or the Briteclick services and web sites (collectively, "Briteclick Software Services") in Briteclick's sole discretion. If Briteclick decides to charge for the Briteclick Software Services, such charges will be disclosed to you prior.
5. Disclaimer of Warranties by Briteclick.
USE OF THE BRITECLICK SOFTWARE AND ANY WEB PAGES OR DATA ACCESSED THROUGH THE BRITECLICK SOFTWARE IS AT YOUR SOLE RISK.
ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BRITECLICK SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL OR SERVICE.
BRITECLICK, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY, "BRITECLICK ENTITIES") AND BRITECLICK LICENSORS DO NOT REPRESENT THAT THE BRITECLICK SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.
THE BRITECLICK ENTITIES AND BRITECLICK LICENSORS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE BRITECLICK SOFTWARE AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE BRITECLICK SOFTWARE AND ANY DATA ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE BRITECLICK SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN
HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. BRITECLICK SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
IF THE BRITECLICK SOFTWARE OR ANY DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT THE BRITECLICK ENTITIES OR THE BRITECLICK LICENSORS) ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE BRITECLICK ENTITIES OR BRITECLICK LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability.
THE BRITECLICK ENTITIES AND BRITECLICK LICENSORS WILL NOT BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE BRITECLICK SOFTWARE BY YOURSELF OR BY THIRD PARTIES, TO THE USE OR NON-USE OF ANY BROKERAGE FIRM OR DEALER, OR TO THE SALE OR PURCHASE OF ANY SECURITY, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY.
THE BRITECLICK ENTITIES AND BRITECLICK LICENSORS ARE NOT LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED THROUGH THE BRITECLICK SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS THE BRITECLICK SOFTWARE, OR ANY DATA PROVIDED THROUGH THE BRITECLICK SOFTWARE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU.
INFORMATION PROVIDED THROUGH THE BRITECLICK SOFTWARE, INCLUDING STOCK QUOTES, ANALYSIS, MARKET INFORMATION, NEWS, AND FINANCIAL DATA, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE BRITECLICK ENTITIES AND BRITECLICK LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. BRITECLICK MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE BRITECLICK SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE BRITECLICK SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT, HOURS OF AVAILABILITY.
You agree to indemnify and hold the Briteclick Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Briteclick Software, your violation of any terms or conditions of this Software License, your violation of applicable laws, or your violation of any rights of another person or
8. Government End Users.
If the Briteclick Software and related documentation are supplied to or purchased by or on behalf of the United States Government, then the Briteclick Software is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer
software." All other terms and conditions of this Software License apply.
9. Controlling Law.
This Software License and the relationship between you and Briteclick is governed by the laws of the State of New York without regard to its conflict of law provisions. You and Briteclick agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York. The United Nations Convention on the International Sale of Goods
does not apply to this Software License.
10. No General Waiver; Severability.
The failure of Briteclick to exercise or enforce any right or provision of this Software License shall not constitute a waiver of such right or provision. If any provision of this Software License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Software License remain in full force and effect.
11. Complete Agreement.
This Software License and the TOS constitute the entire understanding between the parties respecting use of the Briteclick Software, superseding all prior agreements between you and Briteclick. In the event of any conflict between the terms and conditions of this Software License and those in the TOS, the terms and conditions of this Software License will control, except to the extent that the TOS impose additional restrictions and liabilities on your actions. In the event of a conflict between the terms of this Software License and the TOS, this Software License will control to the extent of such conflict.
12. Surviving Provisions.
Sections 1.b, 2, and 4 through 12, will survive any termination of this Agreement.
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