Sample (not exactly) of License for Software and DVD films/movies.
BBB Music software/DVD Ripping software/DVD Home Video company
End User License and Services Agreement
IMPORTANT-- READ CAREFULLY: This XYZ End User License and Services Agreement
(this "Agreement") is a legal agreement between you and BBB Company. ("BBB")
providing, among other things, the terms and conditions for the use of the BBB
Products and Services (as defined below). THIS AGREEMENT CONTAINS WARRANTY AND
LIABILITY DISCLAIMERS. BY (I) INSTALLING, COPYING OR OTHERWISE USING THE
PRODUCTS (AS DEFINED BELOW); (II) USING BBB FREE RADIO SERVICES (THE "FREE RADIO
SERVICES"); (III) SUBSCRIBING TO THE SUBSCRIPTION RADIO SERVICES (AS DEFINED
BELOW); OR (IV) PURCHASING THE SOUND RECORDINGS (AS DEFINED BELOW, AND TOGETHER
WITH THE ITEMS LISTED IN CLAUSES (I), (II) AND (III) ABOVE, THE BBB PRODUCTS AND
SERVICES"), YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT. IN ORDER FOR YOU TO HAVE ACCESS TO THE BBB PRODUCTS AND SERVICES, THE
TERMS OF THIS AGREEMENT MUST BE ACCEPTED BY YOU WITHOUT MODIFICATIONS,
ADDITIONS, OR DELETIONS. If you do not agree to the terms of this Agreement, you
are not authorized to use the Software and if you paid money for the Software,
you should return it to the vendor you bought it from and you should request a
refund from that vendor. Do not return the Software to BBB unless you bought it
directly from BBB. YOU MAY BE DENIED ACCESS TO THE BBB PRODUCTS AND SERVICES,
WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF
THIS AGREEMENT.
1. PRODUCTS
A) BBB provides the BBB software program (which includes computer software and
associated media and printed materials (if any), and may include online or
electronic documentation) (the "Software") to you and grants to you a
non-exclusive, non-transferable license to:
(i) use the Software on one (1) computer only;
(ii) make one (1) copy (in machine-readable form) of the Software for back-up
purposes only (includes DVD Video); and
(iii) use the Software or DVD Video for personal, informational and
non-commercial purposes only.
B) The Software/DVD Video is licensed, not sold. All rights, title and interest
not expressly granted under this Agreement are reserved.
C) BBB may, for free or subject to payment of additional license fees, grant to
you a license for Updates (as defined below) or for plug-ins to the Software
produced or distributed by BBB (the "Plug-ins"). The Software, the Updates and
the Plug-ins are collectively referred to herein as the "Products." Your use of
any of the Products shall be subject to the terms of this Agreement. For
purposes of this Agreement, "Updates" shall mean those updates, upgrades and
error corrections to the Software produced or distributed by BBB which BBB makes
generally available to users of the Software, but does not include options or
features licensed separately from BBB Company.
D) If you purchased all future versions of BBB, you shall be entitled to all
Updates to and future versions of BBB, when and as available for release.
BBB shall be under no obligation to continue producing or releasing new versions
of BBB. For purposes of clarity, any Plug-in or software that is not distributed
and automatically installed upon the future purchase of the BBB is not
considered a part of future versions of BBB. Similarly, Subscription Radio
Services and Sound Recordings are not software and, therefore, are not
considered a part of BBB.
E) Notwithstanding any other provision herein, you shall have the right to make
a one-time permanent transfer of all your license rights in the Software under
this Agreement to another party, provided that:
(i) the transfer includes all of the Products purchased or acquired by you, all
component parts thereto, original media, printed materials and this Agreement;
(ii) you do not retain any full or partial copies of the Products, including any
copies stored on a computer or other storage device; and
(iii) the transferee of the Products reads and agrees to be bound by the terms
and conditions of this Agreement.
2. COPYRIGHT AND TRADEMARKS
A) BBB or its suppliers owns all title and copyrights in and to the BBB Products
and Services. All title and intellectual property rights in and to the content
in the Services is the property of the respective content owner and may be
protected by applicable copyright or other intellectual property laws and
treaties and subject to use restrictions under such laws or treaties. ANY USE OF
THE BBB PRODUCTS AND SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS
STRICTLY PROHIBITED AND MAY INFRINGE ON THE INTELLECTUAL PROPERTY RIGHTS OF
OTHERS. ANY SUCH INFRINGEMENT MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES,
INCLUDING POSSIBLE MONETARY DAMAGES.
B) You shall maintain all copyright and other proprietary notices on all copies
of the BBB Products and Services.
C) The following are registered trademarks or trademarks of BBB: BBB (R) and its
design logo, EFG (R), ABC TM, and SSS (R), as well as certain other BBB
trademarks, service marks, graphics, and logos (collectively, the "BBB
Trademarks") used in connection with the BBB Products and Services. The BBB
Products and Services may contain third-party trademarks, service marks,
graphics, and logos with the permission of such third parties. You are not
granted any right or license with respect to BBB Trademarks or the trademarks of
any third-party.
3. TERM
This Agreement shall remain effective until terminated by you or terminated by
BBB due to your noncompliance with any provision of this Agreement. Whenever
this Agreement is terminated, regardless of the reason, you shall destroy your
Products (including all copies of them, regardless of form) and cancel your
Subscription Radio Services.
4. NO WARRANTY
THE SOFTWARE IS LICENSED TO YOU "AS IS." ANY UPGRADES, PLUG-INS, FREE RADIO
SERVICES, SUBSCRIPTION RADIO SERVICES AND THE SOUND RECORDINGS ARE ALSO PROVIDED
TO YOU "AS IS." ANY USE OF THE BBB PRODUCTS AND SERVICES SHALL BE AT YOUR OWN
RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BBB AND ITS SUPPLIERS
DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
5. DISCLAIMER AND LIMITATION OF REMEDIES
A) BBB MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY THAT USE OR RESULTS OF
THE USE OF THE BBB PRODUCTS AND SERVICES WILL BE ACCURATE, RELIABLE, CURRENT,
UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, BBB MAY MODIFY, SUSPEND,
OR DISCONTINUE THE BBB PRODUCTS AND SERVICES (INCLUDING ANY CONTENT). WHENEVER
BBB ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE BBB PRODUCTS AND SERVICES, IT
WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
B) IN NO EVENT WILL BBB BE LIABLE TO YOU FOR DIRECT, INDIRECT, GENERAL, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF
FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF BBB HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY BBB OR OTHERS SHALL CREATE A WARRANTY AND NEITHER YOU NOR ANY
THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND
LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
C) REASONABLE EFFORTS WILL BE MADE BY BBB TO PROTECT INFORMATION SUBMITTED BY
YOU IN CONNECTION WITH YOUR ACCOUNT AND THE SERVICES; HOWEVER, YOU ACKNOWLEDGE
THAT YOUR SUBMISSION OF ANY SUCH INFORMATION IS AT YOUR SOLE RISK. BBB DOES NOT
ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO
SUCH INFORMATION IN ANY WAY.
D) BBB MAKES NO REPRESENTATION OR GUARANTEE THAT THE BBB PRODUCTS AND SERVICES
WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES,
INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND BBB DISCLAIMS ANY
LIABILITY RELATING THERETO. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP YOUR OWN
COMPUTER SYSTEM, AS WELL AS MAKING COPIES OF ALL SOUND RECORDINGS YOU HAVE
PURCHASED.
E) While using the BBB Products and Services, you understand that you may
encounter offensive, indecent or objectionable content, which may or may not be
identified as having explicit language. BBB shall have no liability to you for
any offensive, indecent or objectionable content.
6. GENERAL
A) The BBB Products and Services are owned or licensed by BBB and are protected
by United States copyright laws and international treaty provisions. Except as
specifically provided for in Section 1(E) above, you shall not sublicense,
assign, or transfer the license under this Agreement or the Products or make or
distribute copies of any of them. Any attempt to sublicense, assign, or transfer
any of the rights, duties, or obligations in violation of the provisions of this
Agreement is void.
B) This Agreement shall be governed by the laws of the State of California. The
exclusive jurisdiction for any claim, action or dispute with BBB or relating in
any way to your use of the BBB Products and Services shall be in the state and
federal courts of the State of California and the venue for the adjudication or
disposition of any such claim, action or dispute shall be in San Diego,
California.
C) Should you have any questions concerning this Agreement or need technical
support, you may contact BBB Support by visiting http://www.BBB.com/gen/support/
D) BBB may send notices to you with respect to the BBB Products and Services by
sending an email message to the email address listed in your Account
information, by sending a letter via U.S. mail to the contact address listed in
your Account information, or by a posting on the Software or Radio Services.
Unless otherwise stated in the notices, the notices shall become effective
immediately.
E) BBB reserves the right, at any time and from time to time, to update, revise,
supplement, and otherwise modify this Agreement and to impose new or additional
rules, policies, terms or conditions (collectively, the "Additional Terms") on
your use of the BBB Products and Services. Such updates, revisions, supplements,
modifications and Additional Terms will be effective immediately and
incorporated into this Agreement. Your continued use of the BBB Products and
Services following such updates, revisions, supplements, modifications and
Additional Terms will be deemed to constitute your acceptance of all of them.
All updates, revisions, supplements, modifications and Additional Terms are
hereby incorporated into this Agreement by this reference.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND SHALL BE
BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT IT IS THE
COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT
SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER
COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Copyright (C) 2003-2004 BBB company. All rights reserved.