This License Agreement must be reviewed and
signed in order to be eligible for customer service and support.
Please sign the acknowledgement before installation.
- Installation- Customer shall be responsible for
installing B-Line HangerCAD software.
- Limited
Warranty- B-Line warrants that B-Line HangerCAD
software will operate substantially as described in B-Line
HangerCAD software documentation.
- Disclaimer
of Warranty- Customer agrees and understands that the
limited warranty set forth above is made to customer exclusively
and is in lieu of all other warranties, and that B-Line makes no
other warranties whatsoever, expressed or implied, with regard
to B-Line HangerCAD software and that B-Line explicitly
disclaims all warranties of merchant-ability and fitness for a
particular purpose. Further, B-Line expressly does not warrant
that B-Line HangerCAD software will be error free or will
operate without interruption or will be compatible with any
software or hardware.
- Proprietary Information- The programs,
documentation, design and ideas contained in B-Line HangerCAD
software, including any modifications or enhancements thereto,
are considered by B-Line to be confidential and proprietary to
B-Line. Customer acknowledges that, as between Customer and
B-Line, B-Line owns all proprietary rights in B-Line HangerCAD
software. The parties acknowledge Customer may be required to
copy or duplicate portions of B-Line HangerCAD software.
Customer agrees not to copy or duplicate all or any portion of
B-Line HangerCAD software and all copies of all or any portion
thereof to the same extent that Customer protects information
proprietary or confidential to itself. Customer further agrees
not to disclose B-Line HangerCAD software in whole or in part to
others without the prior written approval of B-Line; provided,
that the restrictions in this sentence will not apply to
information that (i) becomes publicly available through no fault
of Customer; (ii) is made available to Customer by B-Line
without restriction on disclosure; or (iii) is rightfully
received by Customer from a third party who is in legal
possession thereof without breach of any confidentiality
obligations.
- Limitations of Liability- B-Line will not be
liable to customer or others for any special, incidental or
consequential damages, even if informed of the possibility
thereof in advance. In no event will B-Line's liability in
connection with B-Line HangerCAD software or this agreement,
whether caused by failure to deliver, non-performance, defects,
errors, breach of warranty or otherwise, exceed the sum of one
hundred dollars. These limitations apply to all causes of action
in the aggregate, including without limitation, breach of
contract, breach of warranty, failure of essential purpose,
negligence, strict liability, misrepresentation and other causes
of action based on similar or other legal theories, but do not
apply to damage to. tangible personal property or personal
injury caused by B-Line employees while on customer's
premises.
- Notice- All notices required or otherwise given
under this Agreement shall be furnished to the following
addresses or to such other addresses as the respective parties
may designate from time to time in writing:
B-Line Systems, Inc. P.O. Box 326 Highland, IL 62249-0326
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