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BRIGHTLAND FLORIDA CORPORATION
SOFTWARE LICENSE AGREEMENTFOR AMAZING CURVES RACING
THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, THE END USER, AND BRIGHTLAND FLORIDA CORPORATION ("Brightland"). PLEASE READ THIS AGREEMENT CAREFULLY.
Limited Software License. In consideration of your agreement to be bound by the terms and conditions of this License Agreement, Brightland hereby grants to you, the end user, a non-exclusive, non-transferable, limited license to (i) run Amazing Curves Racing (the "Software) on a single computer per purchase at a time, (ii) use the Software, in object code form only on such single computer, (iii) use the documentation provided to you, if any, (the "Documentation") in support of your use of the Software. Use of the Software by you shall be subject to the terms and conditions of this License Agreement. All rights not expressly granted herein are retained by Brightland and its licensors.
Ownership of Software. This license is not a sale of the Software or any copy thereof to you. All worldwide ownership of and all rights, title and interest in and to the Software and Documentation, and all copies and portions thereof, including without limitation, all copyrights, patent rights, trademark rights, trade secret rights, inventions and other proprietary rights therein and thereto, are and shall remain exclusively in Brightland and its licensors. The only rights you acquire under this License Agreement are the licenses set forth in this License Agreement.
License Restrictions. The Software and Documentation are protected, among other ways, by federal copyright law and international treaties. You agree that you shall not, and shall not permit a third party to, (i) make derivative works of or modify the Software or Documentation, (ii) distribute, sell, offer for sale, lease, permit others to download or otherwise transfer the Software or Documentation, (iii) use the Software in Commercial, Government, or Educational applications without written permission, (iv) decompile, disassemble, reverse engineer or otherwise attempt to reconstruct or discover the source code of the Software, or (v) remove any product identification, copyright or other notice from the Software or the Documentation.
Termination. The license granted herein is effective until terminated. This Agreement shall terminate immediately, without notice, in the event you fail to comply with any of the terms and conditions set forth in this License Agreement. Upon termination you must immediately destroy the Software and the Documentation, and any copies thereof.
No Warranty. The Software and Documentation are provided to you "AS IS." BRIGHTLAND DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. BRIGHTLAND MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW. BRIGHTLAND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimer of Consequential Damages. IN NO EVENT SHALL BRIGHTLAND BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE OR DOCUMENTATION (INCLUDING BUT NOT LIMITED TO LOST DATA OR LOST PROFITS), EVEN IF BRIGHTLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Limit on Liability. IN NO EVENT WILL BRIGHTLAND'S LIABILITY FOR ANY CLAIM RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE BRIGHTLAND CHARGES FOR A FULLY FEATURED VERSION OF THE SOFTWARE.
Governing Law. This Agreement is governed by the laws of the State of Florida without regard to conflict of laws rules and principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Invalidity. If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby.
Miscellaneous. No delay or failure by either party to exercise or enforce at any time any right or provision hereof shall be considered a waiver thereof or of such party's right thereafter to exercise or enforce each and every right and provision of this Agreement. A waiver or amendment hereto shall be effective only if it is in writing (by non-preprinted agreement or terms and conditions) and signed by an authorized representative of you and Brightland. No single waiver shall constitute a continuing or subsequent waiver. The prevailing party in any action to enforce this Agreement shall be entitled to recover costs and expenses, including attorneys' fees.
Entire Agreement. This Agreement is the complete and exclusive statement of you and Brightland relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties.