SOFTWARE LICENSE AGREEMENT - (last updated 3/12/06)
BC&P, New Day Studios, authors and contributors (hereafter referred to as BC&P) grants to you a nonexclusive, non-sublicensable, license to use and copy the Web Excavator or WinDaemon Software (the "Software") subject to the terms below. It is important that you carefully read these terms before installing the software.
1. Title, ownership rights, and intellectual property rights in and to the Software shall remain with BC&P and its successors or assigns. You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. You acknowledge that the Software in source code form remains a confidential trade secret of BC&P and therefore you agree not to modify the Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction.
2. BC&P makes no representations about the suitability of this software or about any content or information made accessible by the software, for any purpose. The software is provided 'as is' without express or implied warranties, including warranties of merchantability and fitness for a particular purpose or noninfringement. This software is provided gratuitously and, accordingly, BC&P shall not be liable under any theory or any damages suffered by you or any user of the software.
3. You are hereby licensed to make as many copies of the software as you wish and distribute it to anyone provided that all files are intact. You are not allowed to sell the software (except for shipment and handling charges). You are prohibited from charging or requesting donations for the act of downloading the Software (on-line transfer of the Software via a pay service is acceptable if no specific charge, other than a charge for time required for downloading, is directly attributable to the transfer). The Press is authorized to distribute it on any Cover Disk or CD-ROM without any permission. Please inform us by email (at
) each time you distribute the software.
4. This License is personal to you and you agree not to assign your rights herein. This License shall be governed by and construed in accordance with the laws of the State of NC and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. You agree that venue for any and all disputes related to this license agreement shall lie in NC.
5. You may not download or otherwise export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (I) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, or Syria or (ii) to anyone on the US Treasury Department's list of Specially Designated Nationals or the US Commerce Department's Table of Deny Orders. By installing the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under control of, or a national or resident of any such country or on any such list.
6. BC&P and author expressly disclaims any warranty for the software. The software and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the software remains with you. In no event shall BC&P and/or author be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use this BC&P product, even if BC&P has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
7. You agree to hold harmless, defend and indemnify us, our officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including reasonable attorneys' fees, that are due to, or that arise from your use or misuse of this software, or for infringement by you or others of intellectual property rights or other right of any third party.
8. You agree to accept full responsibility for the sites that Web Excavator visits and for any content that Web Excavator downloads. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.
9. BC&P will not be liable in any way, (a) for any errors or omissions in any data, or for any loss or damage of any kind incurred as a result of any data transmitted via the Software; (b) if you are exposed to data that is offensive, indecent or objectionable; or (c) for any allegations or findings of infringement of copyright or other proprietary rights as a result of your use of the Software.
10. BC&P respects copyright and other laws. All users of the Software are required to comply with copyright and other laws. BC&P does not by the supply of the Software authorize you to infringe the copyright or other rights of third parties. As a condition to use the Software, you agree that you must not use the Software to infringe the intellectual property or other rights of others, in any way. The unauthorized reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright. Users are entirely responsible for their conduct and for ensuring that it complies with all applicable copyright and data- protection laws. In the event a user fails to comply with laws regarding copyrights, other intellectual property rights, data-protection and privacy, such a user may be exposed to civil and criminal liability, including possible fines and jail time.
11. By installing, using, or distributing the Software, you expressly consent to the terms of this agreement.