This Software License Agreement (“Agreement”) is a legal agreement between Big Bang LLC (“Big Bang”) and an individual or a single entity (“Licensee”) for the Big Bang software that accompanies this Agreement, which includes computer software, source code and may include associated media, printed materials, online or electronic documentation, and Internet-based services (“Software”). Big Bang is willing to license the Software to Licensee only on the condition that Licensee accepts all of the terms of the Agreement. LICENSEE AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF LICENSEE DOES NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
1. GRANT OF LICENSE.
If Licensee has received a License, Big Bang grants Licensee a limited, non-exclusive, non-transferable, license to install and use one copy of the Software and grants Licensee the following rights provided that Licensee complies with all terms and conditions of the Agreement:
1.1. Licensee may use the Software as described in the Software’s documentation.
1.2. Licensee expressly agrees and authorizes Big Bang to collect information including but not limited to MAC Address, IP Address, Big Bang License Key, and hardware-specific identifiers (Hardware ID), and will indemnify, defend, and hold harmless Big Bang, pursuant to Section 6 of this Agreement, from any claims related to doing so.
1.3. Licensee expressly assumes responsibility for all claims, expenses, losses, damages, costs, liabilities and judgments, including without limitation reasonable attorneys' fees and expenses, arising out of or relating to any claim, charge, suit, or threat of any kind by any third party resulting from or related to use or misuse of the Software.
1.4. The limitation of remedies outlined in Section 5 of this Agreement are not prohibited by local law.
2. RESERVATION OF RIGHTS AND OWNERSHIP.
Big Bang reserves all rights not expressly granted to Licensee in this Agreement, including the right to make use of any and all trademarks, service marks and/or trade names associated with the Software. The Software is the property of Big Bang and is protected by copyright and other intellectual property laws and treaties. The Software is licensed, not sold. This Agreement governs any releases, revisions or enhancements to the Software. All third-party product or service names appearing in Software are for identification purposes only. All trademarks and registered trademarks are the property of their respective owners.
3. RESTRICTIONS.
3.1. Licensee may not use the Software in any means expressly forbidden in the documentation.
3.2. Licensee may not sublicense, rent or lease any portion of the Software.
3.3. Licensee may not reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software.
4. NO WARRANTY.
Software includes no warranty, express or implied, and Big Bang makes no representation of warranties of merchantability or fitness for a particular purpose. Big Bang does not warrant that the Software will meet Licensee’s requirements or that operation of the Software will be uninterrupted or that the Software will be error-free. THIS 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 LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
5. LIMITATION ON REMEDIES.
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 BIG BANG BE LIABLE TO LICENSEE 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 BIG BANG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The disclaimers and limitations set forth above will apply regardless of whether Licensee accepts the Software.
6. INDEMNIFICATION.
Licensee will indemnify, defend, and hold harmless Big Bang and its directors, officers, trustees, shareholders, employees, subsidiaries, agents, successors and assigns from and against any and all claims, expenses, losses, damages, costs, liabilities and judgments, including without limitation reasonable attorneys' fees and expenses, arising out of or relating to any claim, charge, suit, or threat of any kind by any third party resulting from or related to use or misuse of the Software, failure to abide by the terms of this Agreement, or violation of any applicable law.
7. TERMINATION.
License shall terminate at any time, at the sole discretion of Big Bang, or immediately upon breach of any term contained herein. Immediately upon termination, Licensee’s right to use the Software hereunder shall cease, any license granted hereunder shall terminate, and Licensee shall immediately discontinue any and all use of the Software.
8. APPLICABLE LAW.
This Agreement represents the entire agreement between the parties and shall be governed by, and interpreted under, the internal laws of the State of Wisconsin (without regard to conflict of law rules) and the United States of America. Licensee further agrees that any action, suit in equity, arbitration proceeding or judicial proceeding for the enforcement of this Agreement or any provision hereof shall be instituted in the State of Wisconsin, USA and specifically in the Circuit Court of Milwaukee County, except that any judgment obtained in any such court may be enforced in any other court. Any provision of this Agreement prohibited by applicable law or by court decree shall be ineffective to the extent of such prohibition without invalidating or affecting the remaining provisions of this Agreement.
9. MODIFICATION AND WAIVER.
No modification of this Agreement and no waiver of any breach of this Agreement shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this Agreement and no course of dealing between the parties shall be construed as a waiver of any subsequent breach of this Agreement. The failure of either party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce such provision.
10. EXPORT CONDITIONS.
The Software will not be exported or re-exported to: Sudan, Syria, North Korea, Iraq, Iran, Cuba, Libya or any other countries as may from time to time be defined as excluded from acceptable countries for export by the government of the United States of America including anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By installing or using the Software, Licensee is agreeing to the foregoing and representing and warranting that Licensee is not located in, under the control of, or a national or resident of, any such country or on any such list. Licensee acknowledges that the Software is subject to U.S. export jurisdiction. Licensee agrees to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
11. CONTACT INFORMATION.
Should Licensee have any questions concerning this Agreement, or if Licensee desires to contact Big Bang for any reason, please write to: Big Bang, LLC, 9851 South 27th Street, Franklin, WI, 53132, USA.