IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("LICENSE AGREEMENT") CAREFULLY BEFORE USING THE SOFTWARE. REAL TIME LOGIC LLC AND/OR ITS SUBSIDIARIES ("REAL TIME LOGIC") IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS "YOU" OR "YOUR") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND REAL TIME LOGIC. BY CLICKING THE "ACCEPT" OR "YES" BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE "I DO NOT ACCEPT" OR "NO" BUTTON OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE, AND CONTACT REAL TIME LOGIC CUSTOMER SERVICE FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE MONEY YOU PAID FOR THE SOFTWARE AT ANY TIME DURING THE SIXTY (60) DAY PERIOD FOLLOWING THE DATE OF PURCHASE.
The software and documentation that accompanies this License Agreement (collectively the "Software") is the property of REAL TIME LOGIC or its licensors, and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. While REAL TIME LOGIC continues to own the Software, after Your acceptance of this License Agreement You will have certain rights to use the Software during the Service Period. The "Service Period" shall begin on the date of Your purchase of the Software License, and shall last for the period of time set forth in the Software License. The Software may automatically deactivate and become non-operational at the end of the Service Period. A subscription for renewals of the Service Period is available via the integrated BarracudaDrive license management application.
This license governs any releases, revisions, updates or enhancements to the Software that REAL TIME LOGIC may make available to You. Such releases, revisions, updates or enhancements to the Software are at additional charge. Your rights and obligations with respect to the use of this Software are as follows.
You may use the free online bulletin board for Your support questions. You will find it at http://barracudaserver.com/bb/
Software features and content may be updated from time to time; these updates are collectively referred to as "Software Updates". You shall have the right to purchase Software Updates for the Software at any time.
There may be technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that REAL TIME LOGIC may use these measures to protect REAL TIME LOGIC against software piracy. This Software may contain enforcement technology that limits the ability to install and uninstall the Software on a computer to not more than a finite number of times for a finite number of computers. This License Agreement and the Software containing enforcement technology require activation as further set forth in the Documentation. In the event that You are not able to activate the Software over the Internet, or through any other method specified during the activation process, You may contact REAL TIME LOGIC Customer Support using the information provided by REAL TIME LOGIC during activation.
From time to time, the Software will collect certain information from the computer on which it is installed, which may include:
If You are the original licensee of this copy of the Software and are not completely satisfied with it for any reason, please contact REAL TIME LOGIC Customer Service for a refund of the money You paid for the Software at any time during the sixty (60) day period following the date of purchase.
REAL TIME LOGIC warrants that for 60 days from purchase, the Software will perform substantially in accordance with the accompanying electronic documentation. Otherwise, we will return the purchase price or repair or replace the Software, at our option. REAL TIME LOGIC does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL REAL TIME LOGIC OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF REAL TIME LOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL REAL TIME LOGIC'S OR ITS LICENSORS' LIABILITY EXCEED THE PURCHASE PRICE FOR THE APPLICABLE SERVICE PERIOD. The disclaimers and limitations set forth above will apply regardless of whether You accept the Software.
The Software is deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, "Rights in Commercial Computer Software or Commercial Computer Software Documentation", as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Software by the U.S. Government shall be solely in accordance with the terms of this Agreement.
You acknowledge that REAL TIME LOGIC products and controlled technology may be subject to the export and import control laws of the United States and any country where the product or controlled technology is manufactured or received. By using REAL TIME LOGIC products and controlled technology You agree that You will not violate any such laws. You agree not to export any REAL TIME LOGIC product or controlled technology to any prohibited country, entity, or person for which an export license or other governmental approval is required. Obtaining necessary licenses and approvals is solely Your obligation. You agree that You will not export or sell any REAL TIME LOGIC product or controlled technology for use in connection with chemical, biological, or nuclear weapons, or missiles capable of delivering such weapons.
This License Agreement will be governed by, and the parties to this Agreement submit to the jurisdiction of, the laws of the State of California, United States of America for enforcement of this Agreement. This License Agreement is the entire agreement between You and REAL TIME LOGIC relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. Notwithstanding the foregoing, nothing in this License Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract. This License Agreement shall terminate upon Your breach of any term contained herein and You shall cease use of and destroy all copies of the Software. The disclaimers of warranties and damages and limitations on liability shall survive termination. The Software is delivered electronically. This License Agreement may only be modified by the Documentation or by a written document that has been signed by both You and REAL TIME LOGIC. Should You have any questions concerning this License Agreement, or if You desire to contact REAL TIME LOGIC for any reason, please write to: REAL TIME LOGIC Customer Service, 729W.16th Street - B7 Costa Mesa, CA 92627, USA.