Breeze Software

    Copyright © 1989 – 2009 Discovery Scientific, LLC

IMPORTANT-READ CAREFULLY: This End-User License Agreement (“Agreement”) is a legal contract between you (either (a) an individual user or (b) a business organization (“you”) and Licensor (as designated below) for the Breeze software, including any associated media, printed materials and electronic documentation (the “Software”). 

THE USE OF THIS SOFTWARE IS SUBJECT TO THE SOFTWARE LICENSE TERMS OF DISCOVERY SCIENTIFIC, LLC AND OTHER LICENSORS, WHOSE SOFTWARE MAY BE BUNDLED WITH THIS PRODUCT. BY YOUR USE OF THE SOFTWARE INCLUDED WITH THIS PRODUCT YOU AGREE TO THE LICENSE TERMS REQUIRED BY THE LICENSOR OF THAT SOFTWARE, AS SET FORTH BELOW.

By clicking on the “Yes” ( “I ACCEPT”, “I AGREE”, etc.) button, by opening the package that contains the Software, or by copying, downloading, accessing or otherwise using the Software, you agree to be bound by the terms of this Agreement and you represent that you are authorized to enter into this Agreement on behalf of your corporate entity (if applicable). If you do not wish to be bound by the terms of this Agreement, click the “No” (“I DO NOT ACCEPT”, “DO NOT AGREE, etc.) button, and do not install, access or use the Software.

IF YOU DO NOT AGREE TO THE LICENSE TERMS APPLICABLE TO THE SOFTWARE, YOU MAY RETURN THE ENTIRE UNUSED PRODUCT TO THE SOURCE FROM WHICH YOU OBTAINED IT.

As used herein, “Licensor” and “Discovery Scientific” mean Discovery Scientific, LLC, Delaware USA Company

RETURN AND REFUND POLICY

Discovery Scientific does not permit the return of or offer refunds for the following products:

     1. Retail software in the open box with destroyed original seal 
     2. Electronic software downloads

An original purchaser of retail (boxed) software, who has not accepted the terms of this Agreement, may return the Software to the place of purchase within 30 days of the date of purchase, for a refund. Please contact Discovery Scientific for details of return / refund at www.DiscoveryBiz.net or via e-mail Support@DiscoveryBiz.net .

EVALUATION SOFTWARE

If you have received the Software for purposes of evaluation, regardless of how labeled, the use of the Software is limited to a specified period of time, as detailed in the email accompanying the download instructions (the “Evaluation Period”) and all use will be governed by the terms set forth below. 

1. Grant of License.  Licensor grants you a limited, personal, internal use, non-exclusive, non-transferable license to use the Software solely to evaluate its suitability for your internal business requirements during the Evaluation Period.  Without limiting the foregoing, you may not use the Software during the Evaluation Period to create publicly distributed computer software or for any other commercial purpose.  This license may be terminated by Licensor at any time upon notice to you and will automatically terminate, without notice, upon the first to occur of the following: (a) the completion of your evaluation of the Software or (b) the expiration of the Evaluation Period.

2. Limited Use Software.  Portions of the full-use version of the Software may be withheld or unusable and use of the Software may require accessing portions of the Software remotely through the Internet.  Full use of the Software may be restricted by technological protections.

3. Disclaimer of Warranty.  THE SOFTWARE IS PROVIDED ONLY FOR EVALUATION PURPOSES ON AN "AS IS" BASIS.  LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

4.  Limitation of Liability.  IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES, INCLUDING LOST PROFITS OR DATA, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

SOFTWARE LICENSE

In return for acquiring a license to use the Software, which may include software from third party licensors and patches made available by Software, and the related documentation, you agree to the following terms and conditions:

1. License.

This Agreement grants you, the Licensee, a license to: 

(a) use the Software on a single computer system, which is not intended for use by more than ten (10) users; and (b) make one copy of the Software in machine readable form solely for back-up purposes, provided you reproduce copyright proprietary legends of Licensor.  Notwithstanding the foregoing, the Software may be used on the home, laptop or other secondary computer of the principal user of the Software, and an additional copy of the Software may be made to support such use. As used in this license, the Software is "in use" when it is either loaded into RAM or installed on a hard disk or other permanent memory device.  The Software may be "in use" on only one computer at any given time.  (Different license terms and fees are applicable for networked or multiple user applications.)  As a specific condition of this license, you agree to use the Software in compliance with all applicable laws, including copyright laws, and that you will not copy, transmit, perform or distribute any audio or other content using the Software without obtaining all necessary licenses or permissions from the owner of the content.

2. Restrictions.

You may not distribute copies of the Software to others (including distribution on the Internet) or electronically transfer the Software from one computer to another over a network. You may not post or otherwise make available the Software, or any portion thereof, in any form, on the Internet.  You may not use the Software in a computer service business, including in time sharing applications.  The Software contains trade secrets and, in order to protect them, you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.  YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, NETWORK OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.

3. Ownership of Software. 

As Licensee, you own the media upon which the software is recorded or fixed, but Licensor and its licensors retain title and ownership of the Software recorded on the original media and all subsequent copies of the Software, regardless of the form or media in which or on which the original and other copies may exist.  This license is not a sale of the a Software or any copy.

4. Confidentiality. 

You agree to maintain the Software in confidence and that you will not disclose the Software to any third party without the express written consent of Licensor.  You further agree to take all reasonable precautions to preclude access of unauthorized persons to the Software.

5. Term. 

This license is effective until January 1, 2050, unless terminated earlier.  You may terminate the license at any time by destroying the Software (including the related documentation) together with all copies or modifications in any form. Licensor will have the right to terminate our license immediately if you fail to comply with any term or condition of this Agreement.  Upon any termination, including termination by you, you must destroy the Software (including the related documentation), together with all copies or modifications in any form.

6. Special Terms Applicable to Additional Tools and Databases.

Where an additional tool or database is included with the Software, you acknowledge that it is licensed only in connection with the use of the Software to perform operations implemented by the “main” executable of Software, and that the additional tool or database and all data derived there from must be maintained in confidence in accordance with the provisions of Section 4.  This license does not grant you any rights to distribute or disclose such tool or database or data.

7. Limited Warranty.

Licensor and its licensors warrant only that the Software will perform substantially in accordance with the accompanying written documentation for a period of thirty (30) days from the date of your Software purchase receipt. LICENSOR AND IT LICENSORS DO NOT AND CANNOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION.  THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES LICENSOR OR ITS LICENSORS WILL PROVIDE FOR BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, LICENSOR MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.  This warranty gives you specific legal rights and you may also have other rights which vary from state to state.

The entire liability of Licensor and its licensors, and your exclusive remedy for a breach of this warranty, shall be: (a) the replacement of the Software not meeting the above limited warranty which is returned to Licensor; or (b) if Licensor or its distributor is unable to deliver replacement Software, you may terminate this Agreement by returning the Software and your money will be refunded.

8. Limitation of Liability. 

IN NO EVENT WILL LICENSOR OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.  Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above limitation or exclusion may not apply to you.

9. General. 

You acknowledge that you have read this Agreement, understand it, and that by using the Software you agree to be bound by its terms and conditions.  You further agree that it is the complete and exclusive statement of the agreement between Licensor and you, and supersedes any proposal or prior agreement, oral or written, and any other communication between Licensor and you relating to the subject matter of this Agreement.  No additional or any different terms will be enforceable against Licensor unless Licensor gives its express consent, including an express waiver of the terms of this Agreement, in writing signed by an officer of Licensor.  You assume full responsibility for the use of the Software and agree to use the Software legally and responsibly.  This Agreement shall be governed by the law of state Delaware, except as to copyright matters, which are covered by Federal law. This Agreement is deemed entered into at Wilmington, Delaware, USA by both parties.  Should any provision of this Agreement be declared unenforceable in any jurisdiction, then such provision shall be deemed severable from this Agreement and shall not affect the remainder hereof.  All rights in the Software not specifically granted in this Agreement are reserved by Licensor.