CRIBMASTER APPLICATION SOFTWARE USER TERMS
THE FOLLOWING TERMS (THE “TERMS”) APPLY TO YOUR USE OF ALL SOFTWARE (AS DEFINED IN THE AGREEMENT) AND RELATED DOCUMENTATION PROVIDED BY CRIBMASTER TO THE LICENSEE WHO IS PROVIDING YOU ACCESS TO SUCH SOFTWARE, WHETHER OPERATING ON A SINGLE COMPUTER, NETWORK OR WEB HOSTED ENVIRONMENT, AND SUPPLEMENTS THE TERMS OF THE MASTER PURCHASE AGREEMENT BETWEEN CRIBMASTER AND THAT LICENSEE (THE “AGREEMENT”).
READ THESE TERMS CAREFULLY BEFORE USE OF THE SOFTWARE. YOU MUST AGREE TO THESE TERMS BEFORE USING THE SOFTWARE. BY [CLICKING THE “ACCEPT” BUTTON/CHECKING THE “ACCEPT” BOX/USING THE SOFTWARE] YOU: (A) REPRESENT THAT YOU ARE DULY AUTHORIZED BY THE LICENSEE TO ACCESS AND USE THE SOFTWARE AND (B) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT [CLICK THE “ACCEPT” BUTTON/CHECK THE “ACCEPT” BOX/USING THE SOFTWARE] AND YOU WILL HAVE NO LICENSE TO, AND MUST NOT ACCESS OR USE, THE SOFTWARE.
- Access. You acknowledge that your use of the Software is, at all times, subject to the Agreement between CribMaster and the licensee that is providing you access to the Software (which may be your employer or another entity who owns or otherwise lawfully controls the computer or network on which the Software is installed or accessed). CribMaster hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Software solely in accordance with the Agreement, as installed on or accessed through the equipment provided by the licensee and for the licensee’s internal business purposes. The foregoing licensee will terminate immediately on the earlier to occur of (a) the expiration or earlier termination of the Agreement between CribMaster and the licensee or (b) your ceasing to be authorized by the licensee to use the Software for any or no reason.
- CribMaster’s Rights. You acknowledge and agree that all intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Software) are owned by and shall remain with CribMaster and its suppliers, or each of their licensors, and are protected under U.S. copyright law and trade secret laws of general applicability. These Terms nor the Agreement convey to you any ownership interest in or to the Software. You may copy the printed materials accompanying the Software for your internal use only.
- Limitations. You may not use the Software in any manner that is not permitted by the Agreement. For example, you agree not to reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Software unless such activity is expressly permitted by applicable law.
- Disclaimer of Liability. IN NO EVENT WILL CRIBMASTER OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SOFTWARE. YOU ARE PROVIDED THE SOFTWARE PURSUANT TO THE AGREEMENT BETWEEN CRIBMASTER AND THE LICENSEE, SOLELY FOR THE BENEFIT OF THE LICENSEE AND AT THE LICENSEE’S DISCRETION. YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHTS UNDER THAT AGREEMENT INCLUDING ANY RIGHTS TO ENFORCE ANY OF ITS TERMS. ANY OBLIGATION OR LIABILITY CRIBMASTER OR ITS AFFILIATES, OR ANY OF ITS OR THEIR LICENSORS OR SERVICE PROVIDERS, MAY HAVE WITH RESPECT TO YOUR USE OR INABILITY TO USE THE SOFTWARE SHALL BE SOLELY TO THE LICENSEE PURSUANT TO THAT AGREEMENT AND SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH THEREIN.