Advanced Timer End User License Agreement

THIS IS A LEGAL AGREEMENT between "you," the end user of Advanced Timer software, and .

As used in this Agreement, the term "Software" means the Burzcast Advanced Timer software, together with any and all enhancements, upgrades, and updates that may be provided to you in the future by Burzcast and/or third parties. Use of the Software you are about to download, install or run and use indicates your acceptance of these terms. You also agree to accept these terms by indicating at the appropriate screen before the download or installation process. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD INDICATE AT THE APPROPRIATE SCREEN AND PROMPTLY DISCONTINUE THE INSTALLATION, DOWNLOAD, OR RUNNING PROCESS.

Ownership

The Software and any accompanying documentation are owned by , and ownership of the Software shall at all times remain with . Copies are provided only to allow you to exercise your rights under this Agreement. This Agreement does not constitute a sale of the Software or any accompanying documentation or any portion thereof. Without limiting the generality of the preceding, you do not receive any rights to any patents, copyrights, trade secrets, trademarks, or other intellectual property rights relating to or in the Software or any accompanying documentation. reserves all rights not expressly granted to you under this Agreement.

Grant of License Applicable To Burzcast Advanced Timer

Subject to the terms and conditions set out in this Agreement, grants you a limited, nonexclusive, nontransferable, and non-sublicensable right to use the commercial version of the Software called Advanced Timer solely under the following terms and conditions:

1. Use of Advanced Timer. You may download/install and use Advanced Timer on as many computers owned (per license), leased, or rented by you; however, you are the only individual with the right to use your licensed copy of Advanced Timer. All copies of Advanced Timer must include Burzcast's copyright notice.

2. Distribution Prohibited. Distribution of Advanced Timer by you to third parties is now expressly prohibited. You may not distribute copies of Advanced Timer for use by any individual other than you.

3. Fees. A license to Advanced Timer entitles you to unlimited use of as many copies of the version of Advanced Timer you downloaded, along with upgrades as set forth below.

4. Upgrades. Burzcast may provide you with free upgrades for a period that begins on the date of the download. Such upgrades may include any upgrades for Advanced Timer that releases (or by third parties and accepted by ) for general distribution to Advanced Timer licensees during the period for which you are entitled to receive free upgrades. has no obligation to provide you with any upgrades that are not released for general distribution. Nothing in this Agreement shall be construed to obligate to provide upgrades or free Software updates to you under any circumstances.

Prohibited Conduct

You represent and warrant that you will not violate any of the terms and conditions outlined in this Agreement and that: You will not, and will not permit others to (i) reverse engineer, decompile, disassemble, derive the source code of, modify, or create derivative works from the Software; or (ii) use, copy, modify, alter, or transfer, electronically or otherwise, the Software or any of the accompanying documentation except as expressly permitted in this Agreement; or (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software whether in a stand-alone configuration or as incorporated with other software code written by any party except as expressly permitted in this Agreement. You will not use the Software to engage in or allow others to engage in any illegal activity. You will not use Software that will interfere with or damage the operation of the services of third parties by overburdening/disabling network resources through automated queries, excessive usage, or similar conduct. You will not use the Software to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties. You will not transfer the Software or utilize the Software in combination with third-party Software authored by you or others to create an integrated software program that you share with unrelated third parties.

Upgrades, Updates, And Enhancements

All upgrades, updates, or enhancements of the Software shall be deemed part of the Software and subject to this Agreement. Disclaimer of Warranty THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE AND AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, BURZCAST'S COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES (IF ANY) YOU PAID FOR THIS LICENSE.

Legends and Notices

You agree that you will not remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, images, or labels in the Software or any accompanying documentation.

Term and Termination

This Agreement is effective upon your acceptance as provided herein and payment of the applicable license fees (if any) and will remain in force until terminated. The licenses granted in this Agreement will terminate automatically if you breach any of its terms or conditions or any of the terms or conditions of any other agreement between you and . You may terminate the licenses granted in this Agreement at any time by removing the Software, any accompanying documentation, and all copies thereof. Upon termination, you shall delete the original and all copies of the Software and any accompanying documentation or return them to .

Software Suggestions

Burzcast welcomes suggestions for enhancing the Software and any accompanying documentation that may result in computer programs, reports, presentations, documents, ideas, or inventions relating or valuable to Burzcast's business. You acknowledge that all title, ownership rights, and intellectual property rights concerning such suggestions shall become the exclusive property of and may be used for its business purposes in its sole discretion without any payment or accounting to you.

Miscellaneous

This Agreement constitutes the entire Agreement between the parties concerning the Software. Suppose any provision in this Agreement should be held illegal or unenforceable by a court of competent jurisdiction. In that case, such provision shall be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
 

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