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BounceStudio™ API - License Agreement

BOUNCESTUDIO API SOFTWARE LICENSE AGREEMENT

1. DEFINITIONS

(a) (“BOOGIETOOLS”) refers to BoogieTools.
(b) (“LICENSEE”) refers to the entity acquiring this license.
(c) ("SOFTWARE") collectively refers to the BounceStudio API, LICENSE KEY and any associated documentation.
(d) ("LICENSE KEY") refers to a unique code obtained from BOOGIETOOLS which identifies the LICENSEE and may unlock or enable certain features of the SOFTWARE.
(e) ("APPLICATION") refers to a computer program designed to utilize the SOFTWARE.

2. GRANT OF LICENSE. For each LICENSE KEY obtained from BOOGIETOOLS, the LICENSEE is granted a non-exclusive license to use the SOFTWARE on a single computer server for the express purpose of developing and maintaining APPLICATIONS. If the LICENSE KEY specifies a multi-server license, then, the LICENSEE is granted a non-exclusive license, for the number of servers indicated by the LICENSE KEY, to use the SOFTWARE for the express purpose of developing and maintaining APPLICATIONS. If SOFTWARE is being used for evaluation purposes, developer may use the SOFTWARE without a LICENSE KEY for the express purpose of evaluation.

3. RUNTIME DISTRIBUTION AND USE. BOOGIETOOLS grants to the LICENSEE a non-exclusive license to use the SOFTWARE within LICENSEE'S internal computer network, as an integral part of APPLICATIONs owned and copyrighted by the LICENSEE, providing that each APPLICATION adheres to the following conditions: (a) The APPLICATION may not expose the functionality of the SOFTWARE through a programmable interface. (b) The APPLICATION does not compete with the SOFTWARE. In addition to these restrictions, runtime distribution and use outside of LICENSEE'S internal computer network is strictly prohibited. Further, LICENSEE may not modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software. The LICENSE KEY may be embedded in LICENSEE'S APPLICATIONs provided that the following conditions are met: (a) The APPLICATION must be marked with a prominent copyright notice bearing the name of the LICENSEE as it appears in the LICENSE KEY. (b) The LICENSE KEY may not be embedded in an application in any manner that makes the LICENSE KEY visible to the end user. (c) The APPLICATION must include the following comment in its source code within close proximity to each copy of an embedded LICENSE KEY:
"This application utilizes a licensed copy of the BounceStudio API. The BounceStudio API is copyrighted and owned exclusively by BoogieTools. All rights reserved. Use of the SOFTWARE outside of the context of this application is a violation of federal copyright laws and international treaty provisions."

4. COPYRIGHT. The SOFTWARE is owned by BOOGIETOOLS and is protected by United States copyright laws and international treaty provisions.

5. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE or transfer the SOFTWARE and accompanying written materials. You may not reverse engineer, decompile or disassemble the SOFTWARE.

6. ILLEGAL USE. Use of the SOFTWARE with a LICENSE KEY obtained from a source other than BOOGIETOOLS or its authorized distributors, is expressly and strictly forbidden. BOOGIETOOLS reserves the right to do whatever is in its power to protect against, monitor and control the use of the SOFTWARE with illegal LICENSE KEYs.

7. PROPRIETARY RIGHTS. All copyright, patent, trade secret, trademarks and other intellectual and proprietary rights in the SOFTWARE are and shall remain the valuable property of BOOGIETOOLS, or the Author of the SOFTWARE. You agree to take all necessary steps to ensure that the provisions of this agreement are not violated by you or by any person under your control or in your service.

8. LIMITED WARRANTY. BOOGIETOOLS warrants that the SOFTWARE will operate substantially in accordance with its accompanying documentation for a period of thirty days from the date you receive it. This warranty is void if failure of the SOFTWARE has resulted from accident, abuse or misapplication. YOU ARE THE ONLY BENEFICIARY OF THIS WARRANTY. YOU MAY NOT PASS THIS WARRANTY ON TO OTHERS. Although BOOGIETOOLS has tested the SOFTWARE and reviewed the documentation, this SOFTWARE is licensed "AS IS" and you, the licensee, are assuming the entire risk as to its quality and performance.

9. INDEMNIFICATION. You agree to defend, indemnify, and hold BoogieTools and all of its employees, agents, representatives, directors, officers, partners, shareholders, attorneys, predecessors, successors, and assigns harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Software, or any breach of this Agreement.

10. EXPORT. You agree that you will not export or transmit the Software or any Applications, directly or indirectly, to any restricted countries or in any manner that would violate United States laws and regulations as shall from time to time govern the license and delivery of technology abroad by persons subject to the jurisdiction of the United States government, including the Export Administration Act of 1979, as amended, and any applicable laws or regulations issued thereafter.

11. U.S. GOVERNMENT RESTRICTED RIGHTS. If you are licensing the Software on behalf of the U.S. Government or any of its agencies ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Software by the Government is subject to restricted rights in accordance with Federal Acquisition Regulation ("FAR") 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement ("DFARS") 227.7202 for military agencies. The Software is commercial. Use of the Software by the Government is further restricted in accordance with the terms and conditions of this Agreement.

12. CUSTOMER REMEDIES. The entire liability of BOOGIETOOLS and your exclusive remedy shall be, at the option of BOOGIETOOLS, either (a) return of the price paid or (b) replacement of the SOFTWARE. No warranty will be honored and remedy will be provided unless the SOFTWARE is returned to BOOGIETOOLS along with the original dated receipt. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or (30) days, whichever is longer. THESE REMEDIES ARE NOT AVAILABLE OUTSIDE THE UNITED STATES OF AMERICA.

13. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL BOOGIETOOLS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS OR DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION EVEN IF BOOGIETOOLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOOGIETOOLS SHALL HAVE NO LIABILITY FOR ANY DATA READ, ACCESSED, STORED OR PROCESSED WITH THE SOFTWARE, INCLUDING THE COSTS OF RECOVERING SUCH DATA. IN NO CASE SHALL BOOGIETOOLS'S LIABILITY EXCEED THE FEES PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

14. GENERAL (a)If any provision of this agreement is found to be invalid by any court of competent jurisdiction, the balance of this agreement shall remain in full force and effect. (b)This agreement shall be governed by the laws of the State of Michigan. Both you and BOOGIETOOLS consent to jurisdiction of the state and federal courts sitting in Oakland County, Michigan, in connection with any suit or action brought regarding the SOFTWARE or this agreement. (c)This agreement is the complete and exclusive statement of the agreement by you and BOOGIETOOLS, It supersedes all prior communications between the parties relating to the subject matter of this agreement, whether written or oral. This agreement also supersedes the terms and conditions of any purchase order regarding the SOFTWARE, submitted in the past or to be submitted in the future. No BOOGIETOOLS dealer, agent or employee is authorized to make any modifications or additions to this agreement and warranty.




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