CUSTOMER LICENSE AGREEMENT
BEFORE YOU CLICK ON THE “ORDER” BUTTON AT THE END OF THIS AGREEMENT, CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY CLICKING THE “ORDER” BUTTON, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THIS ELECTRONIC PUBLICATION (THE “PRODUCT”).
THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PRODUCT BETWEEN YOU AND SUNSHINE BOOKS, INC. (“SUNSHINE”), AND IT SUPERCEDES ANY PRIOR AGREEMENT OR UNDERSTANDING BETWEEN THE PARTIES.
. Sunshine hereby grants you a non-exclusive license to download and use one copy of the Product in accordance with this Agreement. You may use the Product on any computer. So long as the Product is used on only one computer at a time, you may transfer it from one computer to another. You may not use the Product on a network or multi-user computer. You may NOT (i) copy the Product except to load it into a computer and to make three printed copies for your personal use, or (ii) modify or alter the Product. All copies of the Product must include Sunshine’s copyright and other proprietary notices. You agree to take reasonable steps to prevent any unauthorized use or copying of the Product and you agree not to assign, sublicense, transfer, pledge, lease, rent, or share the Product or your rights under this Agreement.
. You acknowledge and agree that the Product is owned by Sunshine or its third party suppliers. This license confers no title or ownership in the Product and is not a sale of any rights in the Product. All ownership rights remain in Sunshine or its third party suppliers, as the case may be.
. This Agreement is effective upon your clicking the “Accept” button at the end of this document and shall continue until terminated. You may terminate this Agreement at any time by returning the Product and all copies or portions thereof to Sunshine. Sunshine may terminate this Agreement upon the breach by you of any term hereof. Upon such termination by Sunshine, you agree to return to Sunshine the Product and all copies and portions thereof.
. THE PRODUCT IS LICENSED “AS IS,” AND SUNSHINE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE USE AND THE QUALITY AND PERFORMANCE OF THE PRODUCT REMAINS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL SUNSHINE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF SUNSHINE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, SUNSHINE IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), SUNSHINE’S LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
. The Product is a “commercial item,” as that term is defined in 48 C.F.R. 12.101 (Oct. 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Product with only those rights set forth herein
. This Agreement will be governed by the laws of the Commonwealth of Massachusetts, USA, including its choice of law and conflicts of laws rules. The application to this Agreement of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. In the event of any dispute involving this Agreement, Sunshine and you each consent to exclusive jurisdiction and venue in either the state or federal courts in Boston, Massachusetts and agree that the prevailing party shall be entitled to its reasonable attorney fees and costs. In the event any provision of this Agreement shall be deemed unenforceable, void or invalid, such provision shall be modified so as to make it valid and enforceable, and as so modified the entire Agreement shall remain in full force and effect. No decision, action or inaction by Sunshine shall be construed to be a waiver of any rights or remedies available to it. Neither the Product Software nor any underlying technology may be downloaded or otherwise exported or reexported in violation of United States export control law, including to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders.