BURBLE SOFTWARE COMPANY, LLC
SOFTWARE LICENSE AGREEMENT FOR BURBLEME™ APPLICATION
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE BURBLE SOFTWARE. BY USING THE BURBLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE BURBLE SOFTWARE.
A. The BurbleMe™ software, any third party software, documentation, interfaces, content, fonts and any data accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "Burble Software") are licensed, not sold, to you by Burble Software Company, LLC. ("Burble") for use only under the terms of this License. Burble and/or Burble's licensors retain ownership of the Burble Software itself and reserve all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by Burble that replace and/or supplement the original Burble Software product, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern such upgrade or update.
B. Burble, at its discretion, may make available future updates to the Burble Software. The Burble Software updates, if any, may not necessarily include all existing software features or new features that Burble releases.
2. Permitted License Uses and Restrictions.
A. Subject to the terms and conditions of this License you are granted a limited nontransferable license to install and use the Burble Software on any compatible device that you own or control. You may not distribute or make the Burble Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Burble Software.
B. You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Burble Software or any services provided by the Burble Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of any open source components that may be included with the Burble Software).
D. Use of and access to certain features of the Burble Software and certain Services (defined below) may require you to apply for a unique user name and password combination, known as an Burble ID.
3. Consent to Use of Data.
A. Diagnostic and Usage Data. If you opt in to diagnostic and usage collection, you agree that Burble and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your device, computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Burble Software, and to verify compliance with the terms of this License. Burble may use this information, as long as it is collected in a form that does not personally identify you, to provide and improve Burble’s products and services.
B. Location Data. Burble and its partners and licensees may provide certain services through the Burble Software that may rely upon location information. To provide and improve Burble’s services, where available, Burble and its partners and licensees may transmit, collect, maintain, process and use your location data, including the real-time geographic location of your device or computer that you attempt to locate using the Burble Software, and you hereby agree and consent to Burble's and its partners' and licensors' collection, use, transmission, processing and maintenance of such location data to provide such services. In addition, by enabling and or using any location-based services or features provided through the Burble Software, you agree and consent to Burble and its partners and licensees collecting, using, processing and maintaining information related to your account, and any devices or computers registered thereunder, for the purposes of providing such location-based services or feature to you. Such information may include, but is not limited to, your account ID and name, device and/or computer ID and name, device and/or computer type and geographic location of your device and/or computer. You can withdraw your consent at any time by not using the Burble Software.
D. Data or Content You May Submit. When you upload or otherwise submit content to our Services (defined below), you give Burble and its partners and licensees a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
4. Services and Third Party Materials.
A. The Burble Software may enable access to other Burble and third party services and web sites (referred to hereafter, collectively and individually, as "Services"). Use of these Services requires Internet access and a Burble ID, may require you to accept additional terms of service and may be subject to additional fees.
B. By using the Burble Software to access any of these Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Because Burble may have no control over sites and information that may contain content that is offensive, indecent or objectionable, you agree to use the Services at your sole risk.
C. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Burble is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Burble, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
D. You agree that the Services contain proprietary content, information and material that is owned by Burble, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Burble. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Burble is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
F. In addition, Services and Third Party Materials that may be accessed, linked to or displayed through the Burble Software are not available in all languages or in all countries. Burble makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Burble and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Burble be liable for the removal of or disabling of access to any such Services. Burble may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Burble if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Burble Software and destroy all copies, full or partial, of the Burble Software. Sections 3, 4, 5, 6, 7, 8, 10 and 11 of this License shall survive any such termination.
6. Disclaimer of Warranties.
A. If you are a customer who is a consumer (someone who uses the Burble Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE BURBLE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE BURBLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.
C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BURBLE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BURBLE AND BURBLE'S LICENSORS (COLLECTIVELY REFERRED TO AS “BURBLE” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE BURBLE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
D. BURBLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE BURBLE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE BURBLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE BURBLE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE BURBLE SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE BURBLE SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
E. YOU FURTHER ACKNOWLEDGE THAT THE BURBLE SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE BURBLE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BURBLE OR AN BURBLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE BURBLE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL BURBLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA OR INFORMATION, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE BURBLE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE BURBLE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BURBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Burble's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
YOU EXPRESSLY RECONIZE THAT THE BURBLE SOFTWARE AND SERVICES MAY RELATE TO “PARACHUTING ACTIVITES” WHICH MEANS THE FOLLOWING, INCLUDING BUT NOT LIMITED TO: PARACHUTING, SKYDIVING, TANDEM JUMPING (WHICH NECESSARILY INVOLVES CLOSE PERSONAL CONTACT BY TWO INDIVIDUALS), GROUP SKYDIVING, FREE FALLING, EXPERIMENTAL TEST PARACHUTE JUMPING, FLYING, AIRCRAFT GROUND OPERATIONS, THE EXIT FROM THE PLANE, TIME UNDER THE CANOPY, THE LANDING, ANY RESCUE OPERATIONS OR ATTEMPTS, GROUND INSTRUCTION, TRAINING, AND RELATED ACTIVITIES, BOTH IN THE AIR AND ON THE GROUND, AS WELL AS THE UTILIZATION OF THE SERVICES, FACILITIES AND EQUIPMENT OF ANYONE IN CONNECTION WITH ANY OF THE FOREGOING ACTIVITIES AND IT IS UNDERSTOOD BY YOU THAT PARACHUTING ACTIVITIES ARE INHERENTLY DANGEROUS AND THAT THERE ARE SERIOUS RISKS INVOLVED IN PARTICIPATING IN OR PROVIDING SUCH ACTIVITIES AND PARTICIPANTS CAN BE SERIOUSLY AND PERMANENTLY INJURED OR EVEN KILLED AS A RESULT OF PARTICIPATION IN PARACHUTING ACTIVITIES. YOU HEREBY AGREE, REPRESENT, AND WARRANT THAT BURBLE, ALONG WITH ANY AFFILIATE OR OWNER, BEARS NO ASSOCIATION, RELATIONSHIP, OR ANY OTHER RESPONSIBILITY FOR OR TO ANY PARTIES’ PROVISION, ACTIONS, OR INACTIONS RELATING TO THE PARACHUTING ACTIVITIES OR TO ANY THIRD PARTIES.
8. Export Control.
You may not use or otherwise export or re-export the Burble Software except as authorized by United States law and the laws of the jurisdiction in which the Burble Software was obtained. In particular, but without limitation, the Burble Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Burble Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Burble Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles or nuclear, chemical or biological weapons.
9. Government End Users.
The Burble Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
10. Controlling Law and Severability.
This License will be governed by and construed in accordance with the laws of the State of Michigan, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
11. Complete Agreement; Governing Language.
This License constitutes the entire agreement between you and Burble relating to the use of the Burble Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Burble.
12. Third Party Acknowledgements.
Portions of the Burble Software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Burble Software, and your use of such material is governed by their respective terms.