Laughingbird Software, LLC
Software License Agreement
Single Use License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE LAUGHINGBIRD SOFTWARE. BY USING THE LAUGHINGBIRD SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE LAUGHINGBIRD SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE LAUGHINGBIRD SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE".
IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
1. License. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "Laughingbird Software") are licensed, not sold, to you by Laughingbird Software, LLC (""Laughingbird) for use only under the terms of this License, and Laughingbird reserves all rights not expressly granted to you. The rights granted herein are limited to Laughingbird's and its licensors' intellectual property rights in the Laughingbird Software and do not include any other patents or intellectual property rights. You own the media on which the Laughingbird Software is recorded but Laughingbird and/or Laughingbird's licensor(s) retain title to the Laughingbird Software. The Laughingbird Software in this package and any copies which this License authorizes you to make are subject to this License. Title and intellectual property rights in and to any content displayed by or accessed through the Laughingbird Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.
2. Permitted Uses and Restrictions. This License allows you to install and use one copy of the Laughingbird Software on a single computer at a time. The Laughingbird Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. You may make one copy of the Laughingbird Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Laughingbird Software in whole or part or transmit the Laughingbird Software over a network or from one computer to another. You are prohibited from using software from this or any other Laughingbird Site to create a graphic or product of any kind that is in any manner unlawful, threatening, libelous, defamatory, obscene, pornographic, or that would violate any law or the rights of others.
3. Limited Warranty on Media (if applicable). Laughingbird warrants the media on which the Laughingbird Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at Laughingbird's option, a refund of the purchase price of the product containing the Laughingbird Software or replacement of the Laughingbird Software which is returned to Laughingbird. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. LAUGHINGBIRD SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
4. Disclaimer of Warranty on Laughingbird Software. You expressly acknowledge and agree that use of the Laughingbird Software is at your sole risk. The Laughingbird Software is provided âAS ISâ and without warranty of any kind and Laughingbird and Laughingbird's licensor(s) (for the purposes of provisions 4 and 5, Laughingbird and Laughingbird's licensor(s) shall be collectively referred to as "Laughingbird") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. LAUGHINGBIRD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LAUGHINGBIRD SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE LAUGHINGBIRD SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LAUGHINGBIRD SOFTWARE WILL BE CORRECTED. FURTHERMORE, LAUGHINGBIRD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LAUGHINGBIRD SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LAUGHINGBIRD SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LAUGHINGBIRD BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LAUGHINGBIRD BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LAUGHINGBIRD SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LAUGHINGBIRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Laughingbird's total liability to you for all damages exceed the amount of fifty dollars ($50.00).
6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Laughingbird if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Laughingbird Software and destroy all copies, full or partial, of the Laughingbird Software.
7. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
8. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Laughingbird Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Laughingbird. The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English.