END USER LICENSE AGREEMENT
This copy of BetterLinux (“the Software”) and accompanying documentation is licensed and not sold. The Software is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Better Linux Inc., a Utah Corporation, (“We,” “Us,” or “Our”) owns intellectual property rights in the Software. The Licensee's ("You" or "Your") license to download and use the Software is subject to these rights and to all the terms and conditions of this Evaluation Period End User License Agreement ("Agreement").
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT’S TERMS BY DOWNLOADING THE SOFTWARE OR BY INSTALLING, USING, OR COPYING IT. UNLESS YOU AGREE TO ALL OF THIS AGREEMENT’S TERMS, YOU ARE UNAUTHORIZED TO DOWNLOAD, INSTALL, USE, OR COPY THE SOFTWARE. UNAUTHORIZED DOWNLOADS ARE ILLEGAL.
This Agreement entitles you to install and use multiple copies of the Software on multiple machines within the same organization through July 1, 2015 (“Evaluation Period”). For further information, please contact us here: firstname.lastname@example.org
Restrictions on Transfer
Without our written consent, you may not redistribute the software, assign your rights and obligations under this Agreement, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software. Any attempt to do so will be void. Please refer to Us those interested in using the Software for the Evaluation Period so they can receive their own legitimately-licensed copy of the Software.
Restrictions on Use
You may not inspect, analyze, decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code of the Software.
Restrictions on Alteration
You may not modify the Software, including any file, library, or code. You may not create any work derivative of the Software or of its accompanying documentation. Derivative works include but are not limited to translations.
You or We may terminate this Agreement at any time prior to the natural termination of the Evaluation Period, at which point You will be unauthorized to keep, install, use, or copy the Software, or make it possible for anyone else to do so.
We respect your privacy and security. We will never disclose your private information to a third party, including commercial secrets, proprietary information, customer information, business practices, etc. You will retain exclusive intellectual property rights in your private systems and data.
Disclaimer of Warranties and Limitation of Liability
UNLESS WE OTHERWISE EXPLICITLY STATE IN WRITING, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT.
We make no warranty that the Software will meet your requirements or operate under your specific use conditions. We make no warranty that the Software’s operation will be secure, error free, or interruption free. YOU MUST DETERMINE WHETHER THE SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE TO MEET YOUR REQUIREMENTS. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES WILL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY CLAIMS, JUDGMENTS, OR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES, OR PROFITS, OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OUR NEGLIGENCE OR THAT OF ANY OTHER PARTY, OR DUE TO ANY OTHER ACT OR OMISSION, EVEN IF YOU AND/OR WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED BY UTAH LAW.
Your remedy for a breach of this Agreement is a replacement of the Software. We reserve the right to substitute a functionally equivalent copy of the Software as a replacement. If we cannot provide replacement or substitute Software, either You or We may simply terminate the Agreement.
Arbitration, Governing Law, Jurisdiction, and Costs
Agreement to Arbitrate: Better Linux, Inc. and You (“the Parties”) agree to resolve any dispute between the Parties, the Parties’ directors, officers, employees, or agents by submission to arbitration and not by a lawsuit, jury trial, or other court process except as state and federal law provides for judicial review of arbitration proceedings.
All Claims Must be Arbitrated: The Parties agree that all disputes with Us, Our directors, officers, employees, or agents, related or unrelated to the Software, including disputes as to whether a dispute is subject to arbitration, are also to be determined by submission to binding arbitration. The Parties agree that this arbitration will bind the Parties as to all claims.
Applicable Law and Procedures: Utah law governs this Agreement, including its arbitration language and any necessary arbitration, without regard to Utah's conflict or choice of law provisions. Utah will also be the physical/geographical forum for any necessary arbitration. A demand for arbitration must be communicated in writing to the Parties. The Parties must each select an arbitrator (party arbitrator) within thirty days of the written communication. The two party-selected arbitrators must together select a third arbitrator (neutral arbitrator) within thirty days thereafter. This neutral arbitrator will then be the sole arbitrator and will decide the arbitration. The Parties to the arbitration must each pay their pro rata share of the neutral arbitrator’s expenses and fees, together with other incurred and reasonable arbitrator-approved expenses, not including counsel fees, witness fees, or other expenses incurred by a party for that party’s own benefit.
General Provisions: A claim will be waived and forever barred if (1) on the date a written demand for arbitration is received, the claim, if asserted in a civil action, would be barred by the applicable legal statute of limitations, or (2) the claimant fails to pursue the arbitration claim in accordance with the procedures prescribed herein with reasonable diligence.
If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. All express and implied restrictions will remain in maximal effect as permitted by applicable law.
This Agreement, including any attachments hereto, constitutes the entire Agreement between the Parties regarding the Agreement’s subject matter. Any and all written or oral agreements existing between the Parties before now are expressly canceled. The Parties each acknowledge that they are not entering into this Agreement on the basis of, or with reliance on, any representations not expressly contained herein. Any modifications of this Agreement must be in writing and signed by both of the Parties.