Bubba's Bits, Inc.
End User License Agreement ("EULA")
This license agreement governs picoSkyTM
("Software"). By pressing the "Accept" button below you enter into the
terms of this binding contract between you ("you" or "User") and Bubba's
Bits, Inc. If you do not agree with the terms of this license, choose
the "Reject" button below to exit the purchase of picoSky. Installation
of the Software constitutes acceptance of the terms of this EULA.
Grant of License:
Subject to the terms and conditions of this EULA, Bubba's Bits hereby
grants you a limited, nonexclusive license to install and use the object
code version of the Software, a copy of which is provided herewith,
on a single cellular telephone.
The Software is licensed, not sold, to you. You must retain all copyright
and related notices of Bubba's Bit's ownership and other rights in the
Software in the product, labeling and documentation provided. Furthermore,
you may not: (a) modify, translate, de-compile, reverse engineer, disassemble
or otherwise decode the Software; (b) copy any of the Software other
than as reasonably required for your own personal use of the Software
in accordance with this EULA; or (c) sublicense, sell, rent, lend, transfer,
post, transmit, distribute or otherwise make the Software available
to anyone else, except that you may permanently transfer the Software
and accompanying materials provided you retain no copies and the recipient
agrees to the terms of this EULA.
You acknowledge that Bubba's Bits, picoSky and related logos and designs
are trademarks of Bubba's Bits, Inc. and that no rights in such trademarks
are granted to you by this EULA.
Bubba's Bits reserves the right to modify the Software from time to
time without obligation to notify you, or any other person or organization
of such revision or change.
Limitation of Liability:
IN NO EVENT WILL BUBBA'S BITS BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS
OF DATA, LOST OPPORTUNITY OR PROFITS, COST OF COVER OR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES ARISING FROM OR
RELATING TO THE USE OF THE SOFTWARE, HOWEVER CAUSED ON ANY THEORY OF
LIABILITY. THIS LIMITATION WILL APPLY EVEN IF BUBBA'S BITS HAS BEEN
ADVISED OR GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. THE ENTIRE
RISK AS TO THE USE OF THE SOFTWARE IS ASSUMED BY THE USER. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, THIS LIMITATION MAY NOT
APPLY TO YOU.
Disclaimer of Warranty:
TO THE EXTENT PERMITTED BY APPLICABLE LAW ALL BUBBA'S BITS SOFTWARE,
INCLUDING THE IMAGES AND/OR COMPONENTS, IS PROVIDED "AS IS" AND WITHOUT
EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER BUBBA'S BITS OR ANYONE
ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF
SUCH SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF
MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
NO COVENANTS, WARRANTIES OR INDEMNITIES OF ANY KIND ARE GRANTED BY BUBBA'S
BITS TO THE USER.
If you do not accept the terms of this license, you agree to destroy
all copies of the Software in your possession and control.
If used or acquired by the Government, the Government acknowledges that
(a) the Software constitutes "commercial computer software" or "commercial
computer software documentation" for purposes of 48 C.F.R. 12.212 and
48 C.F.R. 227.7202-3, as applicable and (b) the Government's rights
are limited to those specifically granted to you pursuant to this License.
The manufacturer is:
Bubba's Bits, Inc.,
Export Control Obligations:
You will not export or re-export any Licensed Software in violation
of any law, regulation, order or other governmental requirement (including,
without limitation, the U.S. Export Administration Act, regulations
of the Department of Commerce and other export controls of the U.S.).
You shall, at your own expense, promptly obtain and arrange for the
maintenance of all non-U.S.A. government approvals, if any, and comply
with all applicable local laws and regulations as may be necessary for
performance under this EULA.