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To
purchase the software, you must agree with the conditions
below.
(It is recommended that you
print this agreement and keep it as a reference.)
This
License Agreement (“Agreement”) is made and entered into between Advanced
Internet Access, LLC., a Washington Limited Liability Company (hereinafter
referred to as “AIA”) and the individual who is purchasing the i-table™
PBI software (“Customer”) today,
1.
AIA hereby grants to Customer, a non-transferable and non-exclusive license to
use the I-table™ Public Browser
Interface software (“I-table™
PBI Software”). The I-table™ PBI Software licensed under this Agreement is
the property of and is covered by copyright owned by Moonrise Systems Inc.,
Fort Lauderdale, Florida (hereinafter referred to as “MSI”).
2.
For each license purchased,
Customer is authorized to use the I-table™ PBI Software on one specific
central processing unit. Customer
has no authority or right to print, copy, migrate, convert, or distribute, in
whole or in part, the I-table™ PBI Software and all right, title and ownership
of the I-table™ PBI Software and any copies of all or any part thereof made by
Customer shall remain with MSI.
3.
Customer acknowledges that the I-table™ PBI Software is valuable
property and represents trade secrets of MSI and AIA. Customer agrees not to
copy, reproduce, sell, give, assign, sublicense or otherwise transfer the
I-table™ PBI Software, or any part thereof to any person, firm, agency or
corporation without prior written consent from AIA. The I-table™ PBI Software,
and any and all modifications, improvements or derivative works of or to the
I-table™ PBI Software (“Derivatives”) shall be owned solely and
exclusively by MSI or any authorized third party suppliers, regardless of which
party developed the Derivatives. Customer further agrees to be responsible to AIA for any
damages or loss incurred, as well as any cost incident to litigation, including
reasonable attorney’s fees, as a result of Customer’s reproduction, sale,
assignment, or other distribution of said I-table™ PBI Software.
Customer warrants and agrees to exercise due and reasonable precautions
to preserve the proprietary aspects of the I-table™ PBI Software.
4.
CUSTOMER ACCEPTS THE I-table™ PBI SOFTWARE “AS IS”.
AIA HEREBY DISCLAIMS ANY AND ALL WARRANTIES WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR PARTICULAR PURPOSE. IN
NO EVENT WILL AIA BE LIABLE TO CUSTOMER FOR CONSEQUENTIAL DAMAGES EVEN IF
CUSTOMER HAS ADVISED AIA OF THE POSSIBILITY OF SUCH DAMAGES.
CUSTOMER FURTHER AGREES THAT AIA SHALL NOT BE LIABLE TO CUSTOMER FOR ANY
LOSS OF PROFIT, OR FOR ANY CLAIM OR DEMAND AGAINST CUSTOMER BY ANY OTHER PARTY.
MSI’S LIABILITY TO CUSTOMER FOR DAMAGES, REGARDLESS OF THE FORM OF
ACTION, SHALL NOT EXCEED THE CHARGES PAID BY CUSTOMER FOR THE LICENSED SOFTWARE,
5.
Neither AIA’s failure or delay in exercising any right under this
Agreement shall operate as a waiver thereof.
No waiver of any breach of any provision of this Agreement shall
constitute a waiver of any prior, concurrent or subsequent breach, and no waiver
shall be effective unless made in writing.
6.
If any provision of this Agreement is held to be invalid or unenforceable, all
other provisions shall nevertheless continue in full force and effect.
7.
If AIA employs an attorney to enforce any of its rights and remedies contained
in this Agreement, Customer agrees to pay to AIA reasonable attorneys’ fees
plus all other reasonable expenses incurred by AIA in exercising its rights and
remedies.
8.
The parties acknowledge that they have read this License Agreement, understand
it, and agree to be bound by its terms and conditions. Customer agrees that this Agreement is the complete and
exclusive statement of the agreement between the parties pertaining to software
licensing, whether oral or written, and all other communications between the
parties relating to the subject matter of this agreement.
9.
This Agreement be governed by, construed, and interpreted in accordance with the
laws of the state of Washington excluding its conflicts of laws provisions.
All legal actions and proceedings arising out of this Agreement shall be
brought in any Court of competent jurisdiction located in Seattle, Washington,
and Customer hereby waives objections to summons, service of process,
jurisdiction over the person or subject matter, or the venue of any such court.
10.
This Agreement shall be binding upon both of the parties hereto, their
respective heirs, personal representatives, successors and assigns, and without
limitation, any corporate successor by merger, consolidation or other corporate
reorganization.
11.
Any governmental taxes or duties due by reason of the I-table™ PBI Software
licensed under this Agreement are Customer’s responsibility.
12.
All notices, authorizations, and requests in connection with this Agreement
shall be deemed given on the day they are (i) deposited in the U.S.A. mails,
postage prepaid, certified or registered, return receipt requested; or (ii) sent
by air express courier, charges prepaid; and addressed as specified below (or to
such other address as the party to receive the notice or request so designates
by written notice to the other).
13.
DIGITAL MILLENNIUM COPYRIGHT ACT.
Pursuant to Digital Millennium Copyright Act, Title 17 U.S.C. 512(c)(2),
Advanced Internet Access, LLC's Designated Agent for receipt of any claims
of copyright or license infringement is Michelle Pillers. Advanced Internet
Access, LLC's Designated Agent may be contacted as follows:
12653 93rd Pl. N.E.
Kirkland, Washington 98034
(425) 814-2216 (voice)
(425) 821-5294 (fax)
mpillers@edeinc.com (e-mail)
Notice of any claimed infringing materials must comply with applicable law.
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Software License Agreement