For registration keys purchased before January 24, 2014
END-USER LICENSE AGREEMENT FOR IE TAB ("IE TAB") IMPORTANT - READ CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE. This end-user license agreement ("AGREEMENT") is a legally binding agreement between you (an individual, corporate entity, partnership or other natural or artificial person as applicable) (hereinafter referred to as "LICENSEE" or "YOU") and Blackfish Software ("BLACKFISH SOFTWARE"), concerning the licensing and use of the software identified above, which includes computer programming code and may include associated media, printed materials, and online or electronic documentation (collectively, "SOFTWARE"). By clicking on the "I ACCEPT THE AGREEMENT" option below, or by installing, copying, or otherwise using the software, YOU agree to be bound by the provisions of this AGREEMENT. If YOU do not agree to the provisions of this AGREEMENT, YOU are not permitted to use the SOFTWARE. The SOFTWARE is protected by domestic, national, and international copyright laws as well as other intellectual property laws and treaties. The SOFTWARE is licensed to YOU, not sold. This AGREEMENT covers the use and distribution of all existing, current and previous versions of "IE TAB". 1. PERSONAL USE BLACKFISH SOFTWARE, the author and owner of "IE TAB" (the SOFTWARE, as defined above), grants YOU the non-exclusive, non-transferable right to use the SOFTWARE for PERSONAL USE without charge. PERSONAL USE means any use that is not done in the course of revenue generation or employment, regardless of whether that employment is with a for-profit organization, non-profit organization, educational institution, or government agency. "USE" means storing, loading, installing, executing and/or displaying the SOFTWARE. YOU may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE’s programming features or functionality. 2. BUSINESS USE BUSINESS USE of the SOFTWARE includes any use of the SOFTWARE in the course of revenue generation or employment, regardless of whether that employment is with a for-profit organization, non-profit organization, educational institution, or government agency. BUSINESS USE of the SOFTWARE is only permitted when the SOFTWARE is used in conjunction with a REGISTRATION KEY that was purchased from BLACKFISH SOFTWARE. If YOU possess a REGISTRATION KEY then BLACKFISH SOFTWARE grants YOU the non-exclusive, non-transferable right to USE the SOFTWARE. "USE" means storing, loading, installing, executing and/or displaying the SOFTWARE. YOU may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE’s programming features or functionality. 3. TRIAL PERIOD As a special exception to using the SOFTWARE for BUSINESS USE, the SOFTWARE may be used without a REGISTRATION KEY for a brief period of time for the sole purpose of evaluating the SOFTWARE. 4. PER-USER REGISTRATION KEY If a REGISTRATION KEY was purchased as a PER-USER REGISTRATION KEY, then that REGISTRATION KEY may be used by the number of users that the REGISTRATION KEY was purchased for on any number of machines that the users need. 5. PER-SEAT REGISTRATION KEY If a REGISTRATION KEY was purchased with a PER-SEAT REGISTRATION KEY, then that REGISTRATION KEY may be used on only one hardware machine at any one time for each seat that was purchased. 6. OWNERSHIP The SOFTWARE is owned and copyrighted and/or patented by BLACKFISH SOFTWARE. YOUR license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE. BLACKFISH SOFTWARE reserves all rights in the SOFTWARE save as expressly granted to YOU in this AGREEMENT. 7. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. YOU may not do any of the following: (i) reverse engineer, decompile, translate, disassemble, or otherwise attempt to derive source code from the SOFTWARE, or authorize or procure any third party to do any of the foregoing, save to the extent permitted by applicable law; (ii) modify, or create derivative works based upon the SOFTWARE, in whole or in part; (iii) distribute copies of the SOFTWARE; (iv) remove any proprietary notices or labels on the SOFTWARE; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the SOFTWARE. The SOFTWARE is licensed as a single product. Its component parts may not be separated. 8. NO WARRANTY PERIOD If YOU purchased a REGISTRATION KEY for fewer then twenty (20) SEATs or USERs, YOU acknowledge that the TRIAL PERIOD initially granted to YOU provided YOU with sufficient time to evaluate the SOFTWARE and YOU are not granted a WARRANTY PERIOD and YOU are not entitled to a refund under any circumstances. 9. WARRANTY PERIOD If YOU purchased a REGISTRATION KEY for twenty (20) or more SEATs or USERs, YOU are entitled to a WARRANTY PERIOD of sixty (60) days from the date YOU purchased the REGISTRATION KEY. 10. WARRANTY BLACKFISH SOFTWARE warrants that it has title to and/or the authority to grant licenses of the SOFTWARE. If YOU are entitled to a WARRANTY PERIOD, BLACKFISH SOFTWARE warrants that the SOFTWARE will perform as required for the WARRANTY PERIOD. If the SOFTWARE does not meet YOUR requirements within that period, YOU are entitled to a full refund of the amount of purchase less any transaction expenses. If a refund is provided, YOU will no longer be licensed to use the REGISTRATION KEYs previously purchased and YOU must purchase new REGISTRATION KEYs to use the SOFTWARE. Beyond the WARRANTY PERIOD, BLACKFISH SOFTWARE does not warrant the SOFTWARE will continue operating or be error-free or meet YOUR requirements in any way. YOU acknowledge that the TRIAL PERIOD initially granted to YOU plus the WARRANTY PERIOD (if YOU are eligible for the WARRANTY PERIOD) provided YOU with sufficient time to evaluate the SOFTWARE and YOU are not entitled to a refund under any circumstances beyond the WARRANTY PERIOD. 11. TECHNICAL SUPPORT BLACKFISH SOFTWARE currently provides free technical support and intends to do so for the foreseeable future. HOWEVER, there are NO TECHNICAL SUPPORT GUARANTEES. YOU agree that YOUR purchase of a REGISTRATION KEY (or multiple registration keys) is only a purchase of a license for usage of the SOFTWARE, not a purchase of a technical support guarantee. 12. LIMITATION OF LIABILITY. BLACKFISH SOFTWARE’s liability under or in connection with this agreement (whether for negligence, breach of contract or otherwise) shall be limited to the amount paid or payable by YOU under the provisions of this AGREEMENT for the SOFTWARE or services in relation to which the claim arises or might arise. In no event shall BLACKFISH SOFTWARE be liable under or in relation to this AGREEMENT or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any loss of profits, loss of sales, loss of turnover, loss of bargain, loss of opportunity, loss of computer equipment, loss of software or data, wasted management or other staff time, losses or liabilities under or in relation to any other contract or any indirect, consequential or special loss or damage. For the purposes of this section the term ‘loss’ includes a partial loss or reduction in value as well as a complete or total loss. 13. PUBLICITY / REFERENCES YOU agree that BLACKFISH SOFTWARE may include YOUR name and corporate logo in its published customer list. BLACKFISH SOFTWARE will not disclose any confidential information obtained in relation to YOUR deployment of the SOFTWARE or any other special terms agreed between BLACKFISH SOFTWARE and YOU.
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