Shelty Systems: BuzzBox 2 Personal Use and Evaluation License (PUEL)

BuzzBox 2 Personal Use and Evaluation License (PUEL)

In summary, the BuzzBox 2 PUEL allows you to use BuzzBox 2 free of charge

for personal use,

for educational use, or

for product evaluation

If you do not belong to any of the above categories, you will require a commercial license. Please contact Shelty Systems in this matter.

BuzzBox 2 PUEL Terms and Conditions

License dated November 5, 2009

SHELTY SYSTEMS IS WILLING TO LICENSE THE PRODUCT (AS DEFINED IN SECTION I BELOW) TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BUZZBOX 2 PERSONAL USE AND EVALUATION LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS PRODUCT, YOU ACCEPT THE FULL TERMS OF THIS AGREEMENT.

IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF AN ENTITY OTHER THAN AN INDIVIDUAL PERSON, YOU REPRESENT THAT YOU ARE BINDING AND HAVE THE RIGHT TO BIND THE ENTITY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

§ 1 Subject of Agreement. "Product", as referred to in this Agreement, shall be the binary software package "BuzzBox 2" which Product allows for playing quiz competitions using trigger peripherals connected to the host computer. The Product consists of executable files in machine code for the Windows operating system as well as other data files as required by the executable files at run-time and documentation in electronic form. The Product includes all documentation and updates provided to You by Shelty Systems under this Agreement and the terms of this Agreement will apply to all such documentation and updates unless a different license is provided with an update or documentation.

§ 2 Grant of license. Shelty Systems grants you a personal, non-exclusive, non-transferable, limited license without fees to reproduce, install, execute, and use internally the Product on a Host Computer for your Personal Use, Educational Use, or Evaluation. "Personal Use" requires that you use the Product on the same Host Computer where you installed it yourself. "Educational use" is any use in an academic institution (schools, colleges and universities, by teachers and students). "Evaluation" means testing the Product for a reasonable period (that is, normally for a few weeks); after expiry of that term, you are no longer permitted to evaluate the Product.

§ 3 Restrictions and Reservation of Rights. (1) Any use beyond the provisions of '''§ 2''' is prohibited. The Product and copies thereof provided to you under this Agreement are copyrighted and licensed, not sold, to you by Shelty Systems. Shelty Systems reserves all copyrights and other intellectual property rights. This includes, but is not limited to, the right to modify, make available or public, rent out, lease, lend or otherwise distribute the Product. This does not apply as far as applicable law may require otherwise or if Shelty Systems grants you additional rights of use in a separate agreement in writing. (2) You may not do any of the following: (a) modify the Product (b) rent, lease, lend or encumber the Product; (c) remove or alter any proprietary legends or notices contained in the Product; or (d) decompile, or reverse engineer the Product (unless enforcement of this restrictions is prohibited by applicable law). (3) No right, title or interest in or to any trademark, service mark, logo or trade name of Shelty Systems or its licensors is granted under this Agreement.

§ 4 Termination. The Agreement is effective on the Date you receive the Product and remains effective until terminated. Your rights under this Agreement will terminate immediately without notice from Shelty Systems if you materially breach it or take any action in derogation of Shelty Systems' and/or its licensors' rights to Product. Shelty Systems may terminate this Agreement should any Product become, or in Shelty Systems' reasonable opinion likely to become, the subject of a claim of intellectual property infringement or trade secret misappropriation. Upon termination, you will cease use of, and destroy, Product and confirm compliance in writing to Shelty Systems if requested. Sections 3 to 8, inclusive, will survive termination of the Agreement.

§ 5 Disclaimer of Warranty. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, SHELTY SYSTEMS PROVIDES THE PRODUCT "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. The entire risk as to the quality and performance of the Product is with you. Should it prove defective, you assume the cost of all necessary servicing, repair, or correction. In addition, Shelty Systems shall be allowed to provide updates to the Product in urgent cases. You are then obliged to install such updates. Such an urgent case includes, but is not limited to, a claim of rights to the Product by a third party.

§ 6 Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL SHELTY SYSTEMS OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE PRODUCT, EVEN IF SHELTY SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Shelty Systems' liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Product under this Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.

§ 7 Export Regulations. All Product, documents, technical data, and any other materials delivered under this Agreement are subject to Canadian export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with these laws and regulations and acknowledge that you have the responsibility to obtain any licenses to export, re-export, or import as may be required after delivery to you.

§ 8 Controlling Law and Severability. This license shall be governed by and construed under the laws of the Province of Ontario, Canada without reference to its conflict of law principles. Any dispute related hereto will be brought only in the courts in Toronto, Ontario, Canada and such courts are agreed to be the convenient forum. In the event of any conflicts between foreign law, rules, and regulations, and Canadian law, rules, and regulations, Canadian law, rules and regulations shall prevail and govern. The United Nations Convention on Contracts for the International Sales of Goods shall not apply to this License. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.

§ 9 Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Shelty Systems.