BugBytes, Inc. End User License Agreement

NOTICE TO USER:
THIS IS A CONTRACT. BY DOWNLOADING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT.

IMPORTANT—READ CAREFULLY: This BugBytes, Inc. End User License Agreement is a legal agreement between you (either an individual or a single entity) and BugBytes, Inc. for the software product BUGS Scratchpad, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ( "SOFTWARE PRODUCT" or "SOFTWARE"). The term SOFTWARE shall also include any upgrades, modified versions or updates of the SOFTWARE licensed to you by BugBytes. This copy of the SOFTWARE is licensed to you, the end user. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement promptly return the unused SOFTWARE PRODUCT to the place from which you obtained it for a refund.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

BugBytes, Inc. grants to you, a nonexclusive license to use the SOFTWARE, provided that you agree to the following:

Use of the SOFTWARE: You may install the SOFTWARE in a single location on a hard disk or other storage device; and make a single backup copy of the SOFTWARE.

SOFTWARE Transfer: You may permanently transfer all of your rights under this Agreement, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this Agreement, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this Agreement. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.

Termination: Without prejudice to any other rights, BugBytes, Inc. may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT that you have obtained or made and all of its component parts.

Upgrades: If the SOFTWARE PRODUCT is an upgrade from another product, whether from BugBytes, Inc. or another supplier, you may use or transfer the SOFTWARE PRODUCT only in conjunction with that upgraded product, unless you destroy the upgraded product. If the SOFTWARE PRODUCT is an upgrade of a BugBytes, Inc. product, you now may use that upgraded product only in accordance with this Agreement. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

Copyright: All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, and text incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and all copies of the SOFTWARE PRODUCT are owned by BugBytes, Inc. . The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes or (b) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the SOFTWARE. This Agreement does not grant you any intellectual property rights in the SOFTWARE or SOFTWARE PRODUCT.

No Warranty: The SOFTWARE is being delivered to you AS IS and BugBytes, Inc. makes no warranty as to its use or performance. BugBytes, Inc. AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE PRODUCT. BugBytes, Inc. AND ITS SUPPLIERS MAKE NO WARRANTIES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BugBytes, Inc. AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL BugBytes, Inc. OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A BugBytes, Inc. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

This Agreement is governed by the laws of the State of Washington.