BLAIR FIELD SERVICES LTD TERMS AND CONDITIONS AND END-USER LICENSE AGREEMENT FOR “THE ULTIMATE KICK TOLERANCE CALULATOR” SOFTWARE.
IMPORTANT – READ CAREFULLY This license statement and limited warranty constitutes a legal agreement (“License Agreement”) between you (either as an individual or a single entity) and BLAIR FIELD SERVICES LTD for the software product named “THE ULTIMATE KICK TOLERANCE CALULATOR” (“Software Product”), including any software, media, and related on-line, printed or electronic documentation. By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, do not install, copy, or use the Software Product. This license agreement shall supersede any verbal, or prior verbal or written, statement or agreement to the contrary.
1. OWNERSHIP
The Software Product is proprietary to BLAIR FIELD SERVICES LTD. The Software Product is licensed, not sold, to you notwithstanding any reference herein to “purchases.” You acknowledge and agree that: (a) the Product is protected under copyright laws and international copyright treaty; (b) BLAIR FIELD SERVICES LTD retains all copyrights and other intellectual property rights in the Software Product; (c) there are no implied licenses under this License, and any rights not expressly granted to you hereunder are reserved by BLAIR FIELD SERVICES LTD; (d) you acquire no ownership or other interest (other than your license rights) in or to the Software Product; and (e) BLAIR FIELD SERVICES LTD owns all copies of the Software Product, however made. You agree that you will not, at any time, contest anywhere in the world BLAIR FIELD SERVICES LTD’s ownership of the Software Product, nor will you challenge the validity of BLAIR FIELD SERVICES LTD’s rights in the Software Product.
2. NO WARRANTLY
This Software Product and/or related documentation and files are provided on an “as is” basis, without any representation or warranty of any kind, either express or implied, including without limitation any representations or endorsements regarding the use of, the results of, or performance of the Software Product, its appropriateness, accuracy, reliability, or correctness. The entire risk as to the use of the Software Product is assumed by you. The Licensee, by using “The Ultimate Kick Tolerance Calculator” guide and Excel Spreadsheet, agree to hold harmless the publisher, author and developer of the guide / software. BLAIR FIELD SERVICES LTD and/or any developer of the Software Product do not assume liability for the use, installation and distribution of the Software Product: in no event shall BLAIR FIELD SERVICES LTD and/or developers of the Software Product be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software Product, even if BLAIR FIELD SERVICES LTD has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In this case BLAIR FIELD SERVICES LTD will only be liable for the amount of money you spent for the Software Product in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of ownership from the customer back to BLAIR FIELD SERVICES LTD.
3. LICENSES
Upon your acceptance of the terms and conditions of the License Agreement, BLAIR FIELD SERVICES LTD grants you the right to use the Software Product in the manner provided below.
3.1. Evaluation – “Trial edition”
In order to evaluate the Software Product, you may install the Product, as outlined below, on a temporary basis for trial, evaluation, non-commercial purposes only (the “Evaluation Period”): the Software Product is almost fully functional (it may however contain some minor limitations) and it works in an evaluation state called “Trial edition”.
The Evaluation Period is limited to the period of time specified to you by BLAIR FIELD SERVICES LTD from the date the Software Product is installed. At the end of the Evaluation Period your license to use the Product expires. During the Evaluation Period, BLAIR FIELD SERVICES LTD grants you the personal, nonexclusive, non-transferable and limited license to use the Software Product solely for evaluation purposes. The Software Product does NOT contain a time-out feature that disables its operation after the expiration of the Evaluation Period; nevertheless, you agree to cease using the product after the expiration of the Evaluation Period. APPLICATIONS THAT YOU CREATE USING THE TRIAL EDITION WILL FEATURE A NAG MESSAGE AT STARTUP AND DO CONTAIN A TIME-OUT FEATURE THAT WILL MAKE THEM STOP WORKING AFTER EXPIRTATION OF THE TRIAL PERIOD. YOU SHOULD THEREFORE TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT RESULT. In order to use the Software Product after the Evaluation Period, you must obtain from BLAIR FIELD SERVICES LTD, or its authorized distributors or resellers a registered license to use the Product in accordance with the terms and conditions of this License Agreement.
You may not use the Software Product in the Trial edition state for any commercial, business, governmental or institutional purpose of any kind. At the end of the Evaluation Period, further use of the Software Product by you is prohibited without the purchase of a registered license. If you do not purchase a registered license for the Software Product at the end of the Evaluation Period, you hereby agree to permanently remove or delete the Software Product from all computer systems, including Servers and workstations, on which it was installed and destroy any software and documentation received. If you desire to continue to use the Software Product following the Evaluation Period, you should contact BLAIR FIELD SERVICES LTD or an authorized distributor or reseller to order registered licenses to use the Software Product.
3.2. Registered edition
When the Software Product does not work in the “Trial edition” (as defined above), it works in a “Registered mode” called “Registered edition”, i.e. all of the limitations (applications that shall expire, nag screen at startup…) of the “Trial edition” are therefore removed. Only a registered license is allowed to make the Software Product work in a Registered mode.
The following terms of this section are applicable to you only if you have acquired a license for the Registered edition of the Software Product directly from BLAIR FIELD SERVICES LTD.
Subject to the terms and conditions of this License, BLAIR FIELD SERVICES LTD grants to you, if you are an individual, or, if you are an entity, one (1) limited license to use the Registered Software Product on one computer. You may purchase from BLAIR FIELD SERVICES LTD additional licenses to permit multiple the software to be loaded onto additional computers.
It is not possible to transfer the software from one computer to another.
For each registered license that you acquire to use the Software Product, you will be provided with an activation code by BLAIR FIELD SERVICES LTD. You must follow the instructions provided with your activation code to turn the Software Product from the Trial edition into the Registered edition of the Software Product. After successful activation, the Software Product will work in a Registered mode (“Registered Software Product”) as described above.
You may activate and use the Registered Software Product, or any prior version legally licensed for the same operating system, on a single computer.
Manual activation requires you to go to the website whose address is: https://kicktolerance.com and follow the instructions given there. All received information may be stored by BLAIR FIELD SERVICES LTD and reused to detect and prevent fraud and abuse of the Registered Software Product. Activation protects BLAIR FIELD SERVICES LTD against unlawful copying and ensures you that you are using a genuine Registered Software Product. You agree that you may not be able to use the Registered Software Product if it is not activated.
You acknowledge that there are technological measures in this Software Product that are designed to prevent unlicensed or illegal use of the Software Product. You agree that BLAIR FIELD SERVICES LTD may use those measures and you agree to follow any requirements regarding such technological measures.
You have no right to distribute, share, duplicate, nor publish your activation code except for backup purposes only; subject to the other terms and conditions of this License, you may make a reasonable number of copies of the Registered Software Product to backup devices such as hard disks, optical media, or tape and one (1) physical CD media backup copy of the Registered Software Product solely to replace the original copy provided to you if the original copy is damaged or destroyed. All rights not specifically granted to you herein are retained by BLAIR FIELD SERVICES LTD.
4. LIMITATIONS
You may not: (a) modify, adapt, alter, translate, or create derivative works of the Software Product or merge the Software Product with other software or as approved of in writing by BLAIR FIELD SERVICES LTD; (b) lease, rent or loan the Software Product to any third party; (c) sublicense, distribute or otherwise transfer the Software Product or any component thereof to any third party except as expressly authorized in this Agreement; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software Product; (e) remove, alter, or obscure any confidentiality or proprietary notices (including copyright and trademark notices) of BLAIR FIELD SERVICES LTD or its suppliers on the Software Product; (f) attempt to unlock or bypass any copy protection or authentication algorithm utilized by the Software Product (g) allow third parties to access or use the Software Product such as in a time-sharing arrangement or operate the Software Product as part of a service bureau or for the use or benefit of third parties; (h) use the Software Product in a manner that allows other users than you to use the Software Product; (i) use the Software Product to create malicious, harmful or illegal programs (such as, but not limited to, worms, Trojan horses, rootkits, spyware etc.); (j) reproduce or use the Software Product except as expressly authorized under the Sections named “Registered License”; or (k) disclose or publish performance benchmark results for the Software Product.
5. SERVICES, UPDATES
BLAIR FIELD SERVICES LTD is not required under this License to provide any installation, training or other services to you. If, pursuant to a separate support agreement or otherwise, BLAIR FIELD SERVICES LTD provides you with a new release, error correction, update, upgrade or other modification to the Software Product, such modification will be deemed part of the Software Product, and subject to the terms of this License, unless the modification is expressly provided subject to a separate license agreement. BLAIR FIELD SERVICES LTD reserves the right at any time not to release or to discontinue release of any Software Product and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of any future releases of the Software Product. During the lifetime of the Software Product, BLAIR FIELD SERVICES LTD may provide technical support in response to email requests. E-mail support requests must be sent to the addresses specified in the documentation of the Software Product. BLAIR FIELD SERVICES LTD is not responsible for your failure to receive response to your support inquiry, based upon your use of junk mail controls and filters.
6. TERMINATION
Without prejudice to any other rights, BLAIR FIELD SERVICES LTD may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In such event, all rights granted under this License Agreement will immediately terminate and you must stop all use of the Software Product and any Redistributables; (b) you must destroy all copies of the Software Product provided to or made by you, including all component parts; and (c) all provisions of this License Agreement with the exception of the licenses granted in section 3, will survive termination of this License Agreement for any reason.
This License Agreement constitutes the entire, final and exclusive agreement between you and BLAIR FIELD SERVICES LTD regarding the specific license transaction described herein. If any provision of this License is held to be illegal, invalid or unenforceable for any reason, then such provision will be enforced to the maximum extent permissible and the remainder of the provisions of this License Agreement will remain in full force and effect.
If you have any questions about this License Agreement, please contact BLAIR FIELD SERVICES LTD e-mail kicktolerance@btinternet.com website: http://www.kicktolerance.com. The Ultimate Kick Tolerance Calculator Copyright © BLAIR FIELD SERVICES LTD 2020. All rights reserved.