Please read the following terms and conditions carefully before using this SOFTWARE PRODUCT. Your use, distribution or installation of this copy of "PEARL BIDS" indicates your acceptance of this License.
SOFTWARE PRODUCT here means Software, image files, all accompanying files, data and materials received with your order of "PEARL BIDS".
If you do not agree to any of the terms of this License, then do not install, distribute or use the SOFTWARE PRODUCT. If you have purchased a single copy from OAKGROUNDS INC. or an authorized distributor, reseller or any retail channel, you may return it unused, within thirty (30) days after purchase, for a refund of your payment less any incidental charges. The 30-day warrantee is applicable only to products bought within the USA. Products downloaded to or shipped out of the USA are strictly non-refundable.
The warrantee covers defects in the software, which prevents successfully installing the software in the buyer's PC. The warrantee does not cover fitness of purpose, not meeting expectations or needs in the mind of the buyer.
This SOFTWARE PRODUCT is for personal use only and may be installed and used on only one computer. Its component parts may not be separated for use on more than one computer. SOFTWARE PRODUCT may be accessed through a network only after obtaining a site license. All components accompanying the software are copyrighted by OAKGROUNDS INC. and may not be taken apart, modified, used or published with other software or means except with the SOFTWARE PRODUCT software and may not be distributed or copied in any manner.
This SOFTWARE PRODUCT, all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. The user must assume all risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement.
Any liability of OAKGROUNDS INC. will be limited exclusively to refund of purchase price. In addition, in no event shall OAKGROUNDS INC., or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of SOFTWARE PRODUCT.
In addition, in no event does OAKGROUNDS INC. authorize you to use this SOFTWARE PRODUCT in applications or systems where SOFTWARE PRODUCT's failure to perform could reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold OAKGROUNDS INC. harmless from any claims or losses relating to such unauthorized use.
This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of California, USA.
OAKGROUNDS INC. the owner of the copyright of this SOFTWARE PRODUCT, all of its derivatives, title and accompanying materials are the exclusive property of OAKGROUNDS INC.. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by OAKGROUNDS INC.. You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this SOFTWARE PRODUCT. You may not make access to SOFTWARE PRODUCT available to others in connection with a service bureau, application service provider, or similar business, or use this SOFTWARE PRODUCT in a business to provide file compression, decompression, or conversion services to others. There are no third party beneficiaries of any promises, obligations or representations made by OAKGROUNDS INC. herein.
You may not disclose to other persons the data or techniques relating to this SOFTWARE PRODUCT that you know or should know that it is a trade secret of OAKGROUNDS INC. in any manner that will cause damage to OAKGROUNDS INC..
This SOFTWARE PRODUCT and all services provided may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any USA, State or City law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrets and other statute. You agree to indemnify and hold OAKGROUNDS INC. harmless from any claims resulting from the use of this SOFTWARE PRODUCT, which may damage any other party.