Build Automator Documentation End-User License Agreement for the Build Automator™

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PLEASE READ: By using this Software you, the LICENSEE, agree to be bound by the terms and conditions stated in this license agreement. If you do not agree with the terms of this license, do not install the software, or if you have done so, promptly remove the Software from your system.
 
SOFTWARE SUPPLIER. For purposes of this End-User License Agreement, the SOFTWARE SUPPLIER is Icetips Alta LLC. The SOFTWARE SUPPLIER is the owner of copyrights and all other proprietary rights in the enclosed licensed Software, Documentation and any other supplied software, printed material or digital material. Title to the Software, Documentation, supplied software, printed or digital material shall always remain with the SOFTWARE SUPPLIER, and does not pass to the Licensee or other parties.
 

LICENSEE: The individual or entity who purchased the license and is becoming a party to the agreement.
 
1. LICENSE. The LICENSEE may use the Software on any individual single computer; use the Software on a network, provided that each individual accessing the Software through the network must have a copy licensed to that individual; use the Software on a second computer as long as only one copy is ever used at the same time.  The LICENSEE can make copies of the Software Installation for archival purposes.  The LICENSEE can also make copies of the software for archival purposes, provided that any copy must contain all of the original Software's proprietary notices. LICENSEE cannot resell the software without the express written permission of Icetips Alta LLC. The rights and limitations under this Agreement shall transfer to any party in receipt of the Software.
 
2. RESTRICTIONS. The LICENSEE may not use, copy, modify, or transfer the Software, or any copy, in whole or in part, except as expressly provided for in this Agreement. The LICENSEE may not reverse engineer, reverse compile, disassemble, or decompose the Software. The LICENSEE may not rent, lease, loan, resell, distribute, or network the Software in any way. The LICENSEE may not use any portions of the Software separately from the entire set of Software. The LICENSEE may not use the product beyond its intended evaluation deadline or expiration date, if any.
 
3. TERMINATION. The License is in effect until terminated. The License will terminate automatically if the LICENSEE fails to comply with the limitations described herein. On termination, the LICENSEE must destroy all copies of the Software and Documentation and any digital media that may store the Software or copies of the Software or Documentation.   The SOFTWARE SUPPLIER reserves the right to revoke and refund a license.
 
4. GUARANTY AND DISCLAIMER OF WARRANTY FOR PURCHASED COPIES. THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, THE SOFTWARE SUPPLIER DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE LICENSEE. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE THE LICENSEE, AND NOT THE SOFTWARE SUPPLIER OR THEIR DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 
 
5. DEMO OR EVALUATION VERSIONS. If THE SOFTWARE SUPPLIER designate the Software as a "Demo" version, then the LICENSEE license rights under this Agreement shall extend solely for a 10-day evaluation period, during which the LICENSEE use is restricted solely to allow the LICENSEE to determine whether to purchase an ongoing license to the Software. The LICENSEE may make a reasonable number of copies of the Demo or Evaluation version of this Software, including documentation, for internal distribution, provided that any such copies are unmodified and exact. The LICENSEE shall not charge or request donations for any such copies and distribute Demo or Evaluation versions of the Software to third parties without prior written permission. Unregistered use of the Software, including documentation, beyond the 10-day evaluation period violates THE SOFTWARE SUPPLIER rights, as described above, including but not limited to THE SOFTWARE SUPPLIER rights under the United States Copyright Act. The LICENSEE acknowledge that any Demo or Evaluation version is merely a technology demonstration that may not be at the level of performance or compatibility of generally available THE SOFTWARE SUPPLIER products. Demo or Evaluation versions are provided strictly on an "as is" basis and are subject to Section 6, below.
 
6. LIMITATION OF REMEDIES. THE SOFTWARE SUPPLIER' entire liability and the LICENSEE exclusive remedy as to the media (if applicable in the LICENSEE circumstance) shall be replacement of the media that does not meet THE SOFTWARE SUPPLIER' limited warranty and which is returned to THE SOFTWARE SUPPLIER in good condition with a copy of the receipt or warranty. If a failure of the media has resulted from accident, abuse or misapplication, THE SOFTWARE SUPPLIER shall have no Responsibility to replace the media or refund the purchase price. Any replacement media will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
 
THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT ARE MADE BY THE SOFTWARE SUPPLIER ON THIS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE SOFTWARE SUPPLIER, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND THE LICENSEE MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
 
NEITHER THE SOFTWARE SUPPLIER NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH PRODUCT EVEN IF THE SOFTWARE SUPPLIER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE LICENSEE.
 
7. MAINTENANCE RELEASES AND UPGRADES. Provided that LICENSEE has paid the applicable Maintenance Plan fees, LICENSEE will be entitled to receive any Maintenance Releases and/or Upgrades made generally available during the Maintenance Period for those Products licensed from SOFTWARE SUPPLIER by LICENSEE and covered under a Maintenance and Support Plan. Any Upgrades released during the Maintenance Period shall be made available for electronic download by LICENSEE. Icetips Alta LLC shall provide LICENSEE with instructions regarding registration for such electronic downloads. When a Maintenance Release or Upgrade is available for download, LICENSEE will receive an electronic communication from Icetips Alta LLC indicating the availability of electronic downloads of upgrades to the Software. Use of each Upgrade is subject to the terms of the license agreement for such Upgrade.
 
8. SUPPORT.  LICENSEE has access to technical e-mail developer support, online forums, online direct support. These support incidents do not include any software design or consulting services.  SOFTWARE SUPPLIER will provide online report systems for bug tracking and trouble tickets.

9. UPGRADES. If the Software is designated by THE SOFTWARE SUPPLIER as an "Upgrade" product, then the LICENSEE may only use the Software if the LICENSEE is also currently a licensed user of the base product to which the Upgrade applies. Unless THE SOFTWARE SUPPLIER documentation for an Upgrade specifically provides, the LICENSEE shall not separate upgrade products from base products, nor transfer them separately. THE SOFTWARE SUPPLIER reserve the sole and exclusive right to set its policies and prices regarding updates, upgrades and enhancements. All other terms of this Agreement apply with equal force to any such Upgrades.
 
Build Automator™ is a trademark of Icetips Alta LLC.
 
Other product or brand names mentioned are copyrights, trademarks or registered trademarks of their respective holders.

Last Revision: June 22, 2010