END USER LICENSE AGREEMENT
PRODUCT: BasicFunder Premier Edition Fundraising Software
IMPORTANT-READ CAREFULLY: This License Agreement is a legal agreement between you (either an individual or a single entity) and Jellyware Corporation, who are the creators of the BasicFunder Premier Edition Software Product and other related products, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you Jellyware Corporation. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, do not install or use the SOFTWARE PRODUCT; you may return it for a full refund of the amount you have paid.
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.
1. GRANT OF LICENSE. This License Agreement grants you the following rights:
* Applications Software. You may install, use, access, display, run, or otherwise interact with ("RUN") a copy or copies of the SOFTWARE PRODUCT, or any prior version for the same SOFTWARE PRODUCT, on a single computer or multiple computers on computer network for your organization.
* Storage/Network Use. You may store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to RUN the SOFTWARE PRODUCT on your other COMPUTERS over an internal network.
* Reservation of Rights. All rights not expressly granted are reserved by Jellyware Corporation.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* The SOFTWARE PRODUCT "Not For Resale." You may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
* Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
* Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
* Trademarks. This License Agreement does not grant you any rights in connection with any trademarks or service marks of BasicFunder or Jellyware Corporation.
* Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
* Support Services. Jellyware Corporation may provide you with support services related to the SOFTWARE PRODUCT. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this License Agreement. With respect to technical information and suggested product improvements you provide as part of the Support Services, Jellyware Corporation may use such information (excluding donor records) for its business purposes, including for product support and development. The creator of BasicFunder will not utilize such technical information in a form that personally identifies you.
* Termination. Without prejudice to any other rights, Jellyware Corporation may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this License Agreement.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, screenshots, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Jellyware Corporation or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This License Agreement grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation, which is provided only in electronic form. You may print multiple copies of such electronic documentation. You may not copy the pre-printed materials accompanying the SOFTWARE PRODUCT.
5. BACKUP COPY. After installation of one copy of the SOFTWARE PRODUCT pursuant to this License Agreement, you may keep the original media on which the SOFTWARE PRODUCT was provided solely for backup or archival purposes. If the original media is required to use the SOFTWARE PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly provided in this License Agreement, you may not otherwise make copies of the SOFTWARE PRODUCT or the pre-printed materials accompanying the SOFTWARE PRODUCT.
MISCELLANEOUS
This SOFTWARE PRODUCT License Agreement is, unless expressly prohibited by local law, governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute, which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario, Canada.
WARRANTIES. To the maximum extent permitted by applicable law, Jellyware Corporation and its suppliers and distributors disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Jellyware Corporation, its suppliers or distributors be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if Jellyware Corporation has been advised of the possibility of such damages. In any case, the entire liability under any provision of this License Agreement shall be limited to the amount actually paid by you for the SOFTWARE PRODUCT.
