IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.
BONE CLONES CORPORATION AND/OR ITS SUBSIDIARIES ("BONE CLONES") IS WILLING TO LICENSE THE SOFTWARE TO YOU, ON A SUBSCRIPTION BASIS, AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS "YOU" OR "YOUR") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS SUBSCRIPTION LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND BONE CLONES. BY CLICKING THE "ACCEPT" OR "YES" BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE INTO YOUR COMPUTERŐS RANDOM ACCESS MEMORY, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE "I DO NOT ACCEPT" OR "NO" BUTTON OR OTHERWISE INDICATE YOUR REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE AND CONTACT BONE CLONES CUSTOMER SERVICE FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE MONEY YOU PAID FOR THE SOFTWARE (LESS ANY APPLICABLE TAXES) AT ANY TIME DURING THE THIRTY (30) DAY PERIOD FOLLOWING THE DATE OF PURCHASE.
License. The rotational software and documentation that is the subject of this subscription license (collectively the "Software") is the property of Bone Clones, or its licensors, and is protected by copyright law. While Bone Clones continues to own the Software, You will have certain rights during your subscription period to use the Software after Your acceptance of this license. This license governs any releases, revisions, or enhancements to the Software that Bone Clones may furnish to You. Except as may be modified by a Bone Clones license amendment that accompanies, precedes, or follows this license, Your rights and obligations with respect to the use of this Software are as follows.
You may:If you have a single-user subscription license, you may use one copy of the Software for the stipulated number of Rotation Applications on a single computer at one time, so long as the subscription period has not expired;
If you have purchased a multi-user subscription license, the stipulated number of users to whom you have given permission may use the Software on a single network, so long as the subscription period has not exired; and
use the Software in accordance with any additional permitted uses set forth, below, or in a written or electronic invoice issued by Bone Clones.
copy any printed documentation that accompanies the Software;
sublicense, rent, or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
use the Software as part of a facility management, timesharing, service provider, or service bureau arrangement;
use a later version of the Software than is provided herewith unless You have purchased an upgrade or have otherwise separately acquired the right to use such later version;
use the Software in any manner not authorized by this license; nor
use the Software in any manner that contradicts any additional restrictions set forth, below.
Subscription Verification. There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that Bone Clones may use these measures to protect Bone Clones against software piracy. This Software may contain enforcement technology that limits the ability to use the software on a number of machines that exceeds the scope of the license. In the event that, due to security measures, You are not able to activate the Software, You may contact Bone Clones Customer Support at the E-mail address, URL and/or and telephone number provided by Bone Clones.
Limited Warranty. Bone Clones warrants that the Software will be free from defects for a period of three hundred sixty (360) days from the date of delivery of the Software to You. Your sole remedy in the event of a breach of this warranty will be that Bone Clones will refund the money You paid for the Software. Bone Clones does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
To the maximum extent permitted by applicable law, the above warranty is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement of intellectual property rights. This warranty gives you specific legal rights. You may have other rights, which vary from state to state and country to country.
Disclaimer of Damages. SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL BONE CLONES OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF BONE CLONES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL BONE CLONES' OR ITS LICENSORS' LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether You accept the Software.
U.S. Government Restricted Rights. RESTRICTED RIGHTS LEGEND. All Bone Clones products and documentation are commercial in nature. The software and software documentation are "Commercial Items," as that term is defined in 48 C.F.R. section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are defined in 48 C.F.R. section 252.227-7014(a)(5) and 48 C.F.R. section 252.227-7014(a)(1), and used in 48 C.F.R. section 12.212 and 48 C.F.R. section 227.7202, as applicable. Consistent with 48 C.F.R. section 12.212, 48 C.F.R. section 252.227-7015, 48 C.F.R. section 227.7202 through 227.7202-4, 48 C.F.R. section 52.227-14, and other relevant sections of the Code of Federal Regulations, as applicable, Bone Clones's computer software and computer software documentation are licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this license agreement. Manufacturer is Bone Clones, Inc., 21416 Chase Street, #1 Canoga Park, California 91304.
Export Regulation. The Software and its related documentation, including technical data, may not be exported or re-exported in violation of the U.S. Export Administration Act, its implementing laws and regulations, the laws and regulations of other U.S. agencies, or the export and import laws of the jurisdiction in which the Software was obtained. Export to any individual, entity, or country specifically designated by applicable law is strictly prohibited.
General. If You are located in North America or Latin America, this Agreement will be governed by the laws of the State of California, United States of America. Otherwise, this Agreement will be governed by the laws of England and Wales. This Agreement and any related License Module is the entire agreement between You and Bone Clones relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. This Agreement shall terminate upon Your breach of any term contained herein and You shall cease use of and destroy all copies of the Software. The disclaimers of warranties and damages and limitations on liability shall survive termination. Software and documentation is delivered Ex Works California, U.S.A. or Dublin, Ireland respectively (ICC INCOTERMS 2000). This Agreement may only be modified by a License Module that accompanies this license or by a written document that has been signed by both You and Bone Clones. Should You have any questions concerning this Agreement, or if You desire to contact Bone Clones for any reason, please write to: (i) Bone Clones, Inc., 21416 Chase Street, #1 Canoga Park, California 91304, or send email to info@boneclones.com.
Early Termination. Bone Clones reserves the right to terminate subscriptions prior to the termination date that would otherwise apply. In the event that Bone Clones terminates a subscription prior to the otherwise applicable termination date, the individual or entity that paid for the subscription shall be entitled to a refund of the subscription price on a prorated basis.