BlueSmart 7.02

EULA - End User License Agreement

BLUESPARX SOFTWARE LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY BEFORE USING THE SOFTWARE STORED IN THE CD-ROM IN THIS BOX! This document is a legal agreement between you (the "Customer") and BlueSparx (PO Box 820160, Vancouver, WA 98682-0003) and governs your use of the software stored in the CD-ROM and the user manual in this box (including without limitation, sound data and image data, collectively, the "Software"). BY USING THE SOFTWARE, YOU ARE DEEMED TO HAVE BEEN AGREED TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND PROMPTLY RETURN IT TO THE SELLER FOR A REFUND.

1. GRANT OF LICENSE
BlueSparx grants to the Customer a non-exclusive license to install the Software into a single computer and use such installed Software on such single computer at a time. With the exception of the Network Edition of the Software, the Customer may not use the Software on more than one computer at a time or on a network or multiple site arrangement. In any case, the Customer may not use the Software with any other hardware configuration where the Software is accessible to any third party.

BlueSparx grants to the Customer a non-exclusive, non-transferable, non-assignable, worldwide license to make a single copy of the Software for backup purposes only.

2. RESTRICTIONS
The Customer shall not use, copy or transfer the Software except as expressly granted or permitted herein, and shall not assign, sublicense, sell, rent, lease, loan or convey to any third party the Software, and you also shall not have any third party to do so. In addition, the Customer shall not alter, translate, modify, convert to another programming language, disassemble, decompile or otherwise reverse engineer the Software and the Customer also shall not have any third party to do so.

3. COPYRIGHT NOTICE
The Customer may not modify, remove or delete any and all copyright notices which are contained in the Software thereof, and which are on the original CD-ROM.

4. OWNERSHIP
BlueSparx and/or its subsidiaries retain in all respects the title, ownership and intellectual property rights in and to the Software. You own only the CD-ROM media in which the Software is stored. Except as expressly provided herein, no license or right, express or implied, is hereby conveyed or granted by BlueSparx to you for any intellectual property of BlueSparx.

5. EXPORT RESTRICTIONS:
The Customer agrees to comply with all export laws and restrictions and regulations of the country involved, and not to export or re-export, directly or indirectly, the Software in violation of any such laws and restrictions and regulations, or without all necessary approvals.

6. SUPPORT:
BlueSparx, BlueSparx's subsidiaries and affiliates, their distributors and dealers are not responsible for maintaining the Software and helping you to use the Software.

7. LIMITED WARRANTY AND DISCLAIMER OF INDEMNITY:
LIMITED WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, THE CUSTOMER WILL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

BlueSparx, BlueSparx's subsidiaries and affiliates, their distributors and dealers do not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. However, BlueSparx or BlueSparx's subsidiary warrants a medium on which the Software is stored to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of you obtained the same as evidenced by a receipt or otherwise.

CUSTOMER REMEDIES. BlueSparx, BlueSparx's subsidiaries and affiliates, their distributors and dealers' entire liability and your exclusive remedy shall be the replacement of the medium not meeting the LIMITED WARRANTY. The LIMITED WARRANTY does not apply if failure of the medium has resulted from accident, abuse or misapplication of the Software and shall not extend to anyone other than the original user of the Software.

NO LIABILITY FOR DAMAGES. IN NO EVENT SHALL BLUESPARX, BLUESPARX'S SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS AND DEALERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS INTERRUPTION OR OTHER COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SOFTWARE, USE THEREOF OR INABILITY TO USE THE SOFTWARE EVEN IF BLUESPARX, BLUESPARX'S SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS OR DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART OF SELLER, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
DISCLAIMER OF INDEMNITY. BLUESPARX, BLUESPARX'S SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS AND DEALERS SHALL ASSUME NO OBLIGATION TO INDEMNIFY YOU AGAINST ANY CLAIM OR SUIT BROUGHT BY A THIRD PARTY ALLEGING THAT THE SOFTWARE OR USE THEREOF INFRINGES ANY INTELLECTUAL PROPERTY OF SUCH THIRD PARTY.

8. TERM:
This Agreement is effective upon your acceptance hereof by using the Software and remains in effect until terminated. You may terminate this Agreement by destroying the Software including any and all copies thereof. This Agreement shall also terminate if you fail to comply with any terms of this Agreement. In the event that this Agreement terminates for your failure to comply with this Agreement, in addition to BlueSparx enforcing its respective legal rights, you must promptly destroy the Software including any and all copies thereof. Notwithstanding the foregoing, Sections 4, 6, 7, 8, 9, 10, and 11 shall survive any termination of this Agreement.

9. SEVERABILITY:
In the event that any provision of this Agreement is declared or found to be illegal by any court or tribunal of competent jurisdiction, such provision shall be null and void with respect to the jurisdiction of that court or tribunal and all the remaining provisions of this Agreement shall remain in full force and effect.

10. GOVERNING LAW:
This Agreement will be governed in all respects by the laws of the United States of America and the State of Washington, without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sales of Goods.

11. ACKNOWLEDGMENT:
BY USING THE SOFTWARE, YOU ARE DEEMED TO HAVE ACKNOWLEDGED THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREED TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN YOU AND BLUESPARX CONCERNING THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND BLUESPARX RELATING TO THE SUBJECT MATTER HEREOF. NO AMENDMENT TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF BLUESPARX.