Terms Of Use
Blue Octane Media, Inc. Software License Agreement
Updated: October 13, 2007
SINGLE COMPANY/ORGANIZATIONAL/PERSONAL USE LICENSE AGREEMENT
1. GENERAL SOFTWARE LICENSE
A. General License Grant
In consideration of payment of the license fee, which is part of the price of the Software,
Blue Octane Media Inc. grants to You the nonexclusive right to use the software for
company/organizational/personal use. Blue Octane Media Inc. grants you the choice of
modifying the Software source code to better fit your company's needs. You are bound to
this Agreement during Your entire possession time span of this Software, in its original or
altered state. Blue Octane Media Inc. reserves the rights to suspend, revoke or terminate
your license to use the software if these terms are violated. See Section 5 of this
License Agreement for termination procedures.
B. Copyright
You may not copy the Software for DISTRIBUTION or RESELL in any way. All copies of the
Software, in its original or altered state, MUST be in the possession of the by REGISTERED
LICENSED company, organization or personal identity of the Software. Proofs of
infringement of copyright violations include but not limited to similar code style and
structures, similar layout and design, similar database design, and containing parts of the
original Software source code. YOU MAY NOT REMOVE THE ORIGINAL BLUE OCTANE MEDIA INC.
COPYRIGHT NOTICE FROM THE SOURCE CODES OF THE SOFTWARE. If the software contains a text or
image link back to the website where the software was downloaded, you may NOT remove that
text or image link. Modification of the software is granted, but removing the copyright
notice or links to websites owned and operated by Blue Octane Media, Inc. is PROHIBITED.
You may display your code contribution copyright notice in conjunction with Blue Octane
Media Inc.'s original copyright mark, BUT YOU MUST CLEARLY DISTINGUISH YOUR MODIFICATIONS
FROM THAT OF BLUE OCTANE MEDIA Inc.'s ORIGINAL SOURCE CODE. All Blue Octane Media Inc
Copyright notices and links to websites owned by Blue Octane Media, Inc. must remain intact
and cannot be removed from the Software.
C. Other Restrictions
Each Software package purchased under this Agreement is licensed as a single product. Its
component parts CAN be separated, but from thereafter, Blue Octane Media Inc. will no
longer provide support. You MAY NOT distribute copies of the Software or any accompanying
written materials to others, in its original or altered state. Blue Octane Media Inc.
Software License is not transferable. BRANDING IDENTIFICATION INCLUDES BUT NOT LIMITED TO
LOGO, URL LINKS, and POWERED BY MARK. YOU MAY NOT DISTRIBUTE OR RESELL THE
SOFTWARE/LICENSE IN ITS ORIGINAL OR ALTERED STATE. YOU MAY NOT PROVIDE OR RENT THE
SOFTWARE USE TO OTHERS - OTHERS CAN BE DEFINED AS PARTIES THAT DO NOT FALL UNDER THE STAFF
BASE OR ARE NOT DIRECTLY RELATED TO THE REGISTERED LICENSED company, organization or
personal identity of this License Agreement. If any portion of the current Blue Octane
Media Inc.'s software source is merged, inserted, copied, or ported to your previous Blue
Octane Media Inc.'s software source, THIS CURRENT LICENSE AGREEMENT WITH BLUE OCTANE MEDIA
INC. WILL IMMEDIATELY GO IN EFFECT AND NULLIFY YOUR PREVIOUS BLUE OCTANE MEDIA INC.'s
LICENSE AGREEMENT.
D. User Infringement Liability
You may be held legally responsible for any infringement that is caused or encouraged by
your failure to comply with the licensing provisions of this Agreement. Upon download of
the Blue Octane Media Inc. Software, legal actions from Blue Octane Media Inc. can be
directed towards you if you do not comply with the license agreement.
2. DISCLAIMERS AND WARRANTY INFORMATION
NO WARRANTY
UNLESS EXPRESSLY PROVIDED OTHERWISE IN A SEPARATE AGREEMENT BETWEEN YOU AND BLUE OCTANE
MEDIA INC., ALL INFORMATION AND SOFTWARE ON AND FROM THIS SITE ARE PROVIDED "AS IS,"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Blue Octane Media Inc. ASSUMES NO RESPONSIBILITY FOR ERRORS OR
OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS AT, REFERENCED BY, OR LINKED
TO THIS SITE. YOU ASSUME THE ENTIRE RISK FOR THE RESULTS AND PERFORMANCE OF THE SOFTWARE.
ANY REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NO LIABILITY FOR DAMAGES
IN NO EVENT SHALL BLUE OCTANE MEDIA INC. OR ANYONE ELSE INVOLVED IN THE CREATION,
PRODUCTION OR DELIVERY OF THE SOFTWARE OR ANY ACCOMPANYING WRITTEN MATERIALS BE LIABLE
FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, LOSS OF DATA, LOSS OF OTHER MATERIALS, LOSS OF PROFITS, BUSINESS OR OTHER
WORK INTERRUPTION, OR ANY OTHER PECUNIARY LOSSES, WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE, AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF OR INABILITY TO USE INFORMATION, SOFTWARE OR OTHER MATERIALS
OBTAINED FROM USING THIS SOFTWARE OR FROM THE PERFORMANCE OR LACK OF PERFORMANCE OF THIS
SOFTWARE.
NO LIABILITY FOR ERRORS OR OBLIGATION TO UPDATE
BLUE OCTANE MEDIA INC. SOFTWARE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE
CHANGES WILL BE INCORPORATED IN NEW OF THE SOFTWARE AT BLUE OCTANE MEDIA INC.S' SOLE
DISCRETION. BLUE OCTANE MEDIA INC. MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SOFTWARE
AND ANY OTHER PRODUCT(S) OR PROGRAM(S) DESCRIBED ON OUR SITE AT ANY TIME. BLUE OCTANE
MEDIA INC. HAS NO OBLIGATION TO NOTIFY YOU OF ANY CHANGES OF THE SOFTWARE OR ANY OTHER
PRODUCTS OR PROGRAMS.
3. CUSTOMER REMEDIES.
In no event shall Blue Octane Media Inc.'s total liability to you for all damages, losses,
and causes of action arising from or connected in any way with this Agreement (including
without limitation liability in contract, tort or under any other legal theory) ever
exceed the INITIAL amount paid by You for the Software. INITIAL amount is defined as the
first payment to purchase the software and DOES NOT include other fees incurred thereafter.
This shall constitute Your sole and exclusive remedy.
4. FEES AND PAYMENT
A. Fees and Payment Obligation.
Please carefully review and consider the price list before purchasing any products covered
by this Agreement. Blue Octane Media Inc. reserves the right to change our prices at any
time. We will post all price changes on our Site. Your acceptance of this Agreement
indicates consent to the published prices. By accepting this Agreement, You consent to
pay all fees and costs that You incur. Failure to pay timely and in full constitutes a
material breach of this Agreement.
B. Refunds
Refunds are based on Software failure, NOT server issues or lack of features. Refunds
CANNOT be issued in cases where your server does not have MySQL or PHP properly installed.
Refunds are provided ONLY AFTER our tech has assisted in your installation and the
Software fails to function fully. Blue Octane Media Inc will determine if a refund is
necessary based on individual situations. If refund is provided, You must follow the
termination guidelines detailed on Section 5 of this License Agreement. REFUNDS ARE NOT
AVAILABLE AFTER 1 MONTH FROM PURCHASE DATE.
5. TERMINATION.
This Agreement is effective IMMEDIATELY upon Your Software download and Software transfer
from Blue Octane Media Inc.'s servers to your computer. Proof of download will be based
on Blue Octane Media Inc.'s using OUR records and logs. Unless sooner terminated by Blue
Octane Media Inc., any license granted by this Agreement terminates in accordance with the
method and timeframes specified in Section 1-A of this Agreement. Without prejudice to
any other rights, Blue Octane Media Inc. may suspend, revoke, or terminate this Agreement
if You fail to comply with any of its provisions. In such event, You shall delete all
copies and instances of Blue Octane Media Inc.'s Software(s) from your possession within
3 days of Blue Octane Media Inc.'s License Agreement termination notice. IF YOU FAIL TO
COMPLY WITH OUR TERMINATION PROCEDURE, LEGAL ACTIONS WILL BE TAKEN WITHIN 24 HOURS OF THE
GIVEN 3 DAYS GRACE PERIOD OF COMPLIANCE.
6. LAW
This License Agreement shall be construed, interpreted and governed by the laws of the
State of Nevada without regard to conflicts of law’s provisions thereof. The exclusive
forum for any disputes arising out of or relating to this License Agreement shall be an
appropriate federal or state court sitting in Las Vegas, Nevada, USA. This License
Agreement shall constitute the entire Agreement between the parties hereto. Blue Octane
Media Inc. has the right to modify this agreement with each new release of the Software.
You have the right to waiver the modifications and opt to abide by the previous Agreement
and choose not to accept the new Software release and the modified License Agreement. If a
court of competent jurisdiction finds any part of this License Agreement invalid or
unenforceable, the remainder of this License Agreement shall be interpreted so as to
reasonably affect the intention of the parties.
|
|
