Peanut Butter Software Company™
Software License Agreement
Single Use License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE PEANUT BUTTER SOFTWARE COMPANY SOFTWARE. BY USING THE PEANUT BUTTER SOFTWARE COMPANY SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE PEANUT BUTTER SOFTWARE COMPANY SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE PEANUT BUTTER SOFTWARE COMPANY SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE".
1. General. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "Peanut Butter Software Company software") are licensed, not sold, to you by Peanut Butter Software Company. ("Peanut Butter Software Company") for use only under the terms of this License, and Peanut Butter Software Company reserves all rights not expressly granted to you. The rights granted herein are limited to Peanut Butter Software Company’s and its licensors’ intellectual property rights in the Peanut Butter Software Company software and do not include any other patents or intellectual property rights. You own the media on which the Peanut Butter Software Company software is recorded, but Peanut Butter Software Company and/or Peanut Butter Software Company’s licensor(s) retain ownership of the Peanut Butter Software Company software itself. The terms of this License will govern any software upgrades provided by Peanut Butter Software Company that replace and/or supplement the original Peanut Butter Software Company software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
The software and software documentation described in this Agreement is proprietary to Peanut Butter Software Company and is protected by United States and international copyright laws, trade secret laws and international trade provisions. Peanut Butter Software Company warrants that it has full title to and ownership of the software governed by this Agreement and that it has full power and authority to grant the license described in this Agreement.
2. Permitted License Uses and Restrictions.
This License allows you to install and use one copy of the Peanut
Butter Software Company software on a single computer at a time.
This License does not allow the Peanut Butter Software Company
software to exist on more than one computer at a time, and you may
not make the Peanut Butter Software Company software available over
a network where it could be used by multiple computers at the same
time. You may make one copy of the Peanut Butter Software Company
software in machine-readable form for backup purposes only; provided
that the backup copy must include all copyright or other proprietary
notices contained on the original. Except as and only to the extent
expressly permitted in this License or by applicable law, you may
not copy, decompile, reverse engineer, disassemble, modify, or
create derivative works of the Peanut Butter Software Company
software or any part thereof. THE PEANUT BUTTER SOFTWARE COMPANY
SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR
TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN
WHICH THE FAILURE OF THE PEANUT BUTTER SOFTWARE COMPANY SOFTWARE
COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR
3. Transfer. You may not rent, lease, lend, or sublicense the Peanut Butter Software Company software. You may, however, make a one-time permanent transfer of all of your license rights to the Peanut Butter Software Company software to another party, provided that: (a) the transfer must include all of the Peanut Butter Software Company software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Peanut Butter Software Company software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Peanut Butter Software Company software reads and agrees to accept the terms and conditions of this License. All components of the Peanut Butter Software Company software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.
Other Restrictions. You may not translate, de-compile, disassemble, reverse engineer the software or link to the object code of the software from any application or script. You may not use reflection or any other mechanism to view, interpret, translate, or try to understand the structure of any Product.
NFR (Not for Resale) Copies:
Notwithstanding other sections of this License, Peanut Butter
Software Company software labeled or otherwise provided to you on a
promotional basis may only be used for demonstration, testing and
evaluation purposes and may not be resold or transferred.
Academic Copies: If the Peanut Butter Software Company software package has an academic label or if you acquired the Peanut Butter Software Company software at an academic discount, you must be an Eligible Educational End User to use the Peanut Butter Software Company software. "Eligible Educational End Users" means faculty, staff and administration working at an educational institutional facility (i.e., pre-schools, public or private K-12 schools).
4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Peanut Butter Software Company if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Peanut Butter Software Company software and destroy all copies, full or partial, of the Peanut Butter Software Company software.
5. Limited Warranty on Media. Peanut Butter Software Company warrants the media on which the Peanut Butter Software Company software is recorded and delivered by Peanut Butter Software Company to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Peanut Butter Software Company’s option, a refund of the purchase price of the product containing the Peanut Butter Software Company software or replacement of the Peanut Butter Software Company software which is returned to Peanut Butter Software Company or a Peanut Butter Software Company authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PEANUT BUTTER SOFTWARE COMPANY SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PEANUT BUTTER SOFTWARE COMPANY SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PEANUT BUTTER SOFTWARE COMPANY AND PEANUT BUTTER SOFTWARE COMPANY’S LICENSORS (COLLECTIVELY REFERRED TO AS "PEANUT BUTTER SOFTWARE COMPANY" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PEANUT BUTTER SOFTWARE COMPANY SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PEANUT BUTTER SOFTWARE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PEANUT BUTTER SOFTWARE COMPANY SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE PEANUT BUTTER SOFTWARE COMPANY SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PEANUT BUTTER SOFTWARE COMPANY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PEANUT BUTTER SOFTWARE COMPANY SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PEANUT BUTTER SOFTWARE COMPANY OR A PEANUT BUTTER SOFTWARE COMPANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PEANUT BUTTER SOFTWARE COMPANY SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PEANUT BUTTER SOFTWARE COMPANY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PEANUT BUTTER SOFTWARE COMPANY SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PEANUT BUTTER SOFTWARE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Peanut Butter Software Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of twenty dollars ($20.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Export Law Assurances. You may not use or otherwise export or re-export the Peanut Butter Software Company software except as authorized by United States law and the laws of the jurisdiction in which the Peanut Butter Software Company software was obtained. In particular, but without limitation, the Peanut Butter Software Company software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Libya, North Korea, Sudan and Syria), or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Peanut Butter Software Company software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
9. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, as applied to agreements entered into and to be performed entirely within Pennsylvania between Pennsylvania residents and venue shall lie exclusively in the Commonwealth of Pennsylvania. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The Agreement is not and will not be subject to the Uniform Computer Information Transactions Act (prepared by the National Conference of Commissioners on Uniform State Laws) as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
10. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Peanut Butter Software Company software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Peanut Butter Software Company. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
Peanut Butter PC License Agreement ©2002-2013 Peanut Butter Software Company, LLC. All rights reserved. Peanut Butter Software is a trademark of Peanut Butter Software Company, LLC. in the US and other countries.