End User License Agreement - EULA
BackyardEOS, BackyardNIKON ('Software') and all of its documentation Copyright 2010-2020 O'Telescope Corporation
This agreement was updated in December 2019 and supersedes all prior agreement.
This is commercial software; not freeware.
Please read the following 'Fair' End User License Agreement carefully.
1. We grant you one single user license to install and use the software on one computer at a time. If you do not agree to the following terms of this license, please uninstall and remove all copies.
2. You may install and use the software on another computer, but the software should not be in use on more than one computer at a time unless you purchase additional licenses. You may make back-up copies of the software for archival purposes. You may not transfer your license to use the software to another party.
3. The software is protected by the copyright laws of Canada and other countries, and we retain all intellectual property rights in the software. You may not separately publish, sell, market, distribute, lend, lease, rent, or sub-license the software. However, this license is not to be construed as prohibiting or limiting any fair use sanctioned by copyright law.
4. In the unlikely event that you file a complaint, initiate a charge back, or open a dispute case (‘complaint’), either directly or indirectly by mentioning O’Telescope in such complaint, with PayPal, your credit card company, the Better Business Bureau, or any other 3rd party entity, for any product we manufacture, sell, or distribute, for any reason, your software privileges, including but not limited to your active software activation key, future upgrades, and software support, may be revoked without notice at our sole discretion and without refund.
NOTICE TO NON-CANADIAN END USERS
5. Non-Canadian end users are strictly prohibited from using the 'Software' in Canada. In return, you will not be charged Canadian sales tax. If you do not agree you must (a) pay sales tax on the 'Software' or (b) immediately stop using the 'Software', uninstall, and remove all copies.
6. We warrant that the software will provide the features and functions generally described in the product specification on our website when you purchased it and in the product documentation. Media, on which the Software is furnished, if any, will be free from defects in materials and workmanship.
7. We have taken all reasonable steps to keep the software free of viruses, spyware, 'back door' entrances, or any other harmful code. We will not track or collect any information about you, your data, or your use of the software except as you specifically authorize. We will not intentionally deprive you of your ability to use any features of the software or access to your data.
8. We do not warrant that the software or your ability to use it will be uninterrupted or error-free. To the extent permitted by applicable law, we disclaim any implied warranty of merchantability or fitness for a particular purpose.
LIMITATIONS ON LIABILITY
9. Your exclusive remedy under the above limited warranty shall be, at our option, either a full refund of the purchase price or correction of the defective software or media. To the fullest extent permitted by applicable law, we disclaim all liability for indirect or consequential damages that arise under this license agreement. Nothing in this agreement limits our liability to you in the event of death or personal injury resulting from gross negligence, fraud, or knowing misrepresentation on our part.
10. If any part of this agreement is found to be invalid or unenforceable, the remaining terms will stay in effect. This agreement does not prejudice the statutory rights of any party dealing as a consumer.
11. This License Agreement is governed by the laws of Canada and other countries where applicable.
12. This License Agreement replaces and supersedes all prior negotiations, dealings, agreements between Licensor and Licensee regarding the software, and is retroactive to the date the 'Software' was acquired.