User Software License Agreement

READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY BEFORE YOU DOWNLOAD AND/OR USE THE ACCOMPANYING SOFTWARE. THIS END-USER LICENSE AGREEMENT (EULA) IS A LEGAL AGREEMENT BETWEEN YOU AND WALTER BLADY FOR THE WALTER BLADY SOFTWARE DEFINED BELOW. THE WALTER BLADY SOFTWARE IS PROTECTED BY COPYRIGHT LAWS AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THE WALTER BLADY SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, COPYING, OR OTHERWISE USING THE WALTER BLADY SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD AND/OR INSTALL OR USE THE WALTER BLADY SOFTWARE. THE ACCOMPANYING WALTER BLADY SOFTWARE CAN NOT BE RETURNED FOR REFUND.

1. Software License.

The Hyper Text Markup Language portion and the Executable Javascript portion of the software accompanying this license, whether on disk, read only memory, or represented in any other form, or contained on any other media, and the related printed and electronic documentation (collectively the WALTER BLADY Software) are licensed to you by WALTER BLADY. You own the media on which the WALTER BLADY Software is recorded, but WALTER BLADY retains title to the said Software and related documentation. A Single User License allows you to install the WALTER BLADY Software on one computer or work station only. A second copy may be installed on your personal laptop. A Multi User License allows you to install the WALTER BLADY Software on up to 10 computers or work stations only. You may only incorporate the Executable Javascript portion of the WALTER BLADY Software in a Hyper Text Markup Language project. You are entitled to use this software for an unlimited number of website projects. You may make copies of the WALTER BLADY Software retained by you for backup purposes only. You may permanently transfer all of your license rights in the WALTER BLADY Software, provided you retain no copies; you transfer all of the WALTER BLADY Software, including any backup copies, upgrades, etc.; and the recipient agrees to this EULA after reading its complete terms and conditions.

2. Restrictions

You may not resell, rent, lease, loan, give, distribute or make available over a network from computer to computer the WALTER BLADY Software or the related documentation. You may not create derivative works incorporating the WALTER BLADY Software or the related documentation, in any form in whole or in part, other than derivative works containing only the executable Javascript portion of the WALTER BLADY Software, without the prior written consent of WALTER BLADY. The executable Javascript portion of the WALTER BLADY Software must be used in its entirety with the full Copyright notice intact. You may not change the Hyper Text Markup Language portion or the executable Javascript portion of the WALTER BLADY Software in any way that alters its original purpose or software execution. You may only alter the text in the Executable Javascript portion of the WALTER BLADY software that is displayed to the public.

3. Service or Support.

By using the WALTER BLADY Software and agreeing to the terms set forth in this license, you understand and agree that WALTER BLADY may not offer you any technical support regarding the use of the software or related products. In the event that WALTER BLADY provides you with technical support, WALTER BLADY, may use any technical information provided by you for his business purposes, including for product support and development. WALTER BLADY reserves the right to revise the WALTER BLADY Software without obligation to notify any person or organization of any such changes or revisions.

4. Copyright.

All title and copyright in and to the WALTER BLADY Software, (including but not limited to any images, photographs, animation, video, audio, music, and text incorporated into the WALTER BLADY Software), the accompanying printed materials and any copies of the WALTER BLADY Software are owned by WALTER BLADY The WALTER BLADY Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the WALTER BLADY Software like any other copyrighted material except that you may install the WALTER BLADY Software on one computer only provided you keep the original solely for backup or archival purposes. You may not copy any printed materials accompanying the WALTER BLADY Software.

5. Limited Warranty.

WALTER BLADY warrants that the CD or diskette(s) on which the WALTER BLADY Software are recorded shall be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of your purchase of the WALTER BLADY Software, as established by your receipt. WALTER BLADY entire liability, as well as your sole and exclusive remedy, will be replacement of the diskette(s) which are defective. The CD or diskette(s) must be returned to WALTER BLADY with a copy of your receipt. Any replacement CD or diskette(s) will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is greater. This warranty does not include CD or diskette(s) damaged by accident, abuse, or misapplication. Any implied warranties on the CD or diskette(s) are limited to the period of ninety days (90) from the date of delivery to you. This limitation includes implied warranties such as the implied warranties of merchantability and fitness for a particular purpose. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state or province to province.

6. Disclaimer of Warranty.

Regarding WALTER BLADY Software. By using the WALTER BLADY Software and agreeing to this license, you expressly acknowledge and agree that the use of the WALTER BLADY Software is at your sole risk. The WALTER BLADY Software and related documentation are provided AS IS and without warranty of any kind.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WALTER BLADY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE WALTER BLADY SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. WALTER BLADY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WALTER BLADY SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR RELATED DOCUMENTATION WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENTS OR INFORMATION OR ADVICE PROVIDED BY AN WALTER BLADY REPRESENTATIVE SHALL ESTABLISH A WARRANTY OR EXPAND THE SCOPE OR TERMS OF THIS WARRANTY. IF THE WALTER BLADY SOFTWARE IS DEFECTIVE, YOU WILL BE RESPONSIBLE FOR THE COSTS OF ALL NECESSARY SERVICING, REPAIRS, OR CORRECTIONS.

Some jurisdictions do not allow for exclusion of implied warranties, so the above exclusion may not apply to you. The WALTER BLADY Software may not work properly with modified versions of your computers operating system, certain resident software applications, or hardware that is not 100% compatible with that provided by the computers manufacturer.

7. LIMITATION ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WALTER BLADY BE LIABLE TO YOU FOR DIRECT, INDIRECT SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE WALTER BLADY SOFTWARE AND RELATED DOCUMENTATION OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF WALTER BLADY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WALTER BLADY SHALL HAVE NO LIABILITY FOR ANY HARDWARE, SOFTWARE OR DATA STORED OR USED IN CONJUNCTION WITH THE WALTER BLADY SOFTWARE, INCLUDING COSTS OF REPAIRING, REPLACING, OR RECOVERING SUCH HARDWARE, SOFTWARE OR DATA. UNDER NO CIRCUMSTANCES SHALL WALTER BLADY'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO OBTAIN THE WALTER BLADY SOFTWARE AND RELATED DOCUMENTATION.

8. Termination.

In addition to any other rights available in law or equity, WALTER BLADY may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the WALTER BLADY Software and all of its component parts.

9. Governing Law.

This EULA is governed by the laws of the Province of Ontario. In the event you acquired this product outside Canada, then local law may apply.

10. Severability.

Should a court of competent jurisdiction declare this license agreement, or any portion of this license agreement, to be unenforceable, that portion shall be enforced to the maximum extent possible so as to effectuate the intent of the parties, and the remainder of the agreement shall continue in full force and effect. License Agreement.

11. Complete Agreement.

This license constitutes the entire agreement among the parties regarding the use of the WALTER BLADY Software and related documentation. This license agreement replaces and supersedes any prior understandings or agreements, whether oral or written. No contemporaneous understandings or agreements were entered into in conjunction with this license agreement. No change to this licensing agreement will be effective against WALTER BLADY unless it is in writing and signed by an authorized representative of WALTER BLADY.