Copyright Information

END USER LICENSE AGREEMENT FOR
BLOOMFIELD SOFTWARE

— NOTICE TO USER —

READ THIS AGREEMENT BEFORE USING THE SOFTWARE

BY USING THE BLOOMFIELD SOFTWARE (INCLUDING THE BLOOMFIELD ART IMAGES) YOU ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.

In return for our granting to you a license to use the Software you agree to the following terms and conditions:

1.1 Grant of License: Standard Rights and Restrictions. The Software is the intellectual property of Bloomfield software and is protected by law, including United States copyright laws and international treaties.

1.2 Bloomfield software grants to you a personal, non-exclusive, non-transferable license to: (a) use the Software on a single computer at any one time; and (b) transfer the Software from one computer to another. You may not electronically transfer the Software from one computer to another over a network or transfer, sell, assign, rent, or distribute copies of the Software to others.

You are permitted to copy and modify Bloomfield software images (collectively herein called the “Images”) in the Software for your personal or internal use. The Images may not be distributed as part of software products or an electronic document or product except as described in Section 1.2 You are permitted to use Images as an incidental part of any product distributed commercially (i.e., distributed for profit, such as a newsletter or poster).

1.2 Electronic Rights and Restrictions. You are permitted to use the Images as part of an electronic document only if the recipient of such document is not able to extract or otherwise access any file containing the Image. Without limiting the generality of foregoing, you may not: (a) make any copies of any Image files for download, distribution or resale via electronic, magnetic, optical or similar media; (b) embed native format Image data in any electronic doc­ument; or (c) include any Images in any software product, any electronic page or web-site, or related documentation, developed for resale, without special written permission from Bloomfieldsoftware.

If you use the Images on any electronic page or web-site accessible through the Internet, the world wide web, or other electronic services, and such use: (a) Includes more than five (50) Images per page; or (b) includes more than ten (50) Images per document; or (c) represents more than one-quarter (114) of a standard 640 by 480 pixel screen, then you must also include an intellectual property notice and an electronic link to the Bloomfield software homepage. If it includes more than one hundred (100) Images per document then you must first obtain prior written consent from Bloomfieldsoftware. Please call or write to Bloomfield software at the address below for detailed instructions and assistance.

2. No Reverse Engineering. Except as specifically stated in Section 1, above, YOU MAY NOT MODIFY, TRANSLATE, DISASSEMBLE, OR DECOMPILE THE SOFTWARE OR ANY COPY, IN WHOLE OR IN PART.

3. Term. This license is effective until terminated. You may terminate this license by destroying the Software and all copies. Bloomfieldsoftware may terminate your license if you fail to comply with this Agreement, in which case you agree to destroy the Software.

4. Limited Warranty. Bloomfield Software warrants to you that the Software will perform substantially as described with information provided on the Internet or in requested writing for ninety (90) days from purchase. If the Software is defective, Bloomfield Software will replace it at no charge if you return it to Bloomfield software with proof of purchase, within (90) days after purchase. Your sole and exclusive remedy, and Bloomfield software's sole and exclusive liability, will be either replacement of the disk.

 THE LIMITED WARRANTY STATED ABOVE IS THE ONLY WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE SOFTWARE MADE BY Bloomfield Software OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR LICENSING OF THE SOFTWARE. BLOOMFIELD SOFTWARE AND ANY SUCH THIRD PARTY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, ITS QUALITY, RELIABILI­TY, OR PERFORMANCE; OR ITS MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE.

5. Limit of Liability. IN NO EVENT SHALL BLOOMFIELD SOFTWARE OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR LICENS­ING OF THE SOFTWARE BE LIABLE TO YOU OR ANY TH1RD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, DIRECT, OR INDIRECT DAMAGES OF ANY KIND EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In the event any liability is imposed on Bloomfield Software any third party, Bloomfield Software or such third party’s liability to you or any third party shall not exceed the purchase price paid for this product.

Some states do not allow limitations on the duration of an implied warranty or exclusion or limitation on liability for incidental or consequential damages; therefore, the limitations set forth in this warranty may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

6. Choice of Law. This Agreement will be governed by the laws of Tennessee and you agree that any claims regarding the Software shall be brought in , Nashville, Tennessee.

7. Export. You acknowledge that U. S. laws restrict the export of technical data of U.S. origin, including software, and agree that you will not export or re-export the Software without the appropriate U.S. and foreign government license.)

8. U.S. Government Restricted Rights. The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government is sub­ject to restrictions in subdivision (c)(1)(iii) of the Rights in Technical Data and Computer Software clause at 48 CFR 252.227-7013, or in subdivision (c)(1) or (2) of the Commercial Computer Software - Restricted Rights clause at 48 CFR 52.227-19, as applicable.

9. Integration. THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN BLOOMFIELD SOFTWARE AND YOU, WHICH SUPERSEDES ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

10. Please direct any questions concerning this Agreement in writing to:

 

Registered Office
Bloomfield Software Ltd.
8 Copthall, Roseau,
00152 Dominica, W.I.


DUE TO THE NATURE OF SOFTWARE BEING
LOADED / COPIED ONTO YOUR HARD DRIVE
ALL SALES ARE FINAL