End User License Agreement for Blueprinter® 4.0
Thank you for selecting Blueprinter® software (the “Software”) to manage the front end of your industrial new product development process. This end user license agreement (the “EULA”) is a contract between you and Advanced Industrial Marketing, Inc. that describes the terms and conditions for your use of the Software. Before using the Software, you must read and accept the terms and conditions contained in this EULA. If you do not accept this EULA you should not use the Software. The term “Software” also includes any updates or maintenance releases of the Software that Advanced Industrial Marketing, Inc. may provide to you or make available after the date you obtain your initial copy of the Software, unless accompanied by separate terms.
1. License Grant. Advanced Industrial Marketing, Inc. grants a limited, non-exclusive, non-transferable license to install and use the Software to those persons who have been trained in its use by Advanced Industrial Marketing, Inc. and who are employed by a company that has purchased the Software as part of this training program.
In connection with the foregoing license grant, you may:
(i) install and use a copy of the Software on one or more computers which are principally operated by you during the normal course of work;
(ii) electronically send the Software to another person who has been trained in its use by Advanced Industrial Marketing, Inc.;
(iii) make one backup copy of the Software for personal use as permitted under this license grant.
Except as expressly stated above, you are not licensed or permitted to do any of the following:
(i) make any copies of the Software, or allow any other person to use the Software;
(ii) rent, loan, resell or distribute the original disk or a copy of the Software to any other person;
(iii) make the Software available on any file-sharing service;
(iv) electronically send the Software to any other person who has not been fully trained in its use by Advanced Industrial Marketing, Inc.;
(v) copy the printed materials or user documentation accompanying the Software other than as necessary to support uses permitted above; or
Any person who received the Software through any of the forgoing prohibited methods, or through any method other than purchasing a license for this Software from Advanced Industrial Marketing, Inc. is not authorized to use such Software.
2. Reservation of Rights and Ownership. Advanced Industrial Marketing, Inc. reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright, trade secret and other intellectual property laws. Advanced Industrial Marketing, Inc. owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of Advanced Industrial Marketing, Inc.
You shall not decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law notwithstanding this prohibition.
3. Limited Warranty. If the disk on which the Software is stored is defective, then return the disk to Advanced Industrial Marketing, Inc., 2206 20th Street, Cuyahoga Falls, OH 44223 within 60 days of receipt and a replacement disk will be mailed to you.
4. Disclaimer Of Warranties. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADVANCED INDUSTRIAL MARKETING, INC., ITS AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, “REPRESENTATIVES“) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE OR SERVICES, DISK AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. ADVANCED INDUSTRIAL MARKETING, INC. DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER PROGRAM LIMITATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SOFTWARE, AS APPLICABLE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
All warranties or guarantees given or made by Advanced Industrial Marketing, Inc. with respect to the Software or Advanced Industrial Marketing, Inc. Services (1) are for the benefit of the registered user of the Software only and are not transferable, and (2) shall be null and void if a registered user breaches any terms or conditions of this EULA.
5. Limitation of Liability and Damages. YOU AGREE NOT TO HOLD ADVANCED INDUSTRIAL MARKETING, INC. LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE SOFTWARE. ADDITIONALLY, YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF ADVANCED INDUSTRIAL MARKETING, INC. AND ITS REPRESENTATIVES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICES, AS APPLICABLE, TO ADVANCED INDUSTRIAL MARKETING, INC. OR ITS AUTHORIZED RESELLER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADVANCED INDUSTRIAL MARKETING, INC. AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, LOSS, CORRUPTION OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVANCED INDUSTRIAL MARKETING, INC. OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DOES ADVANCED INDUSTRIAL MARKETING, INC. ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ADVANCED INDUSTRIAL MARKETING, INC. AND YOU. ADVANCED INDUSTRIAL MARKETING, INC. WOULD NOT BE ABLE TO HAVE PROVIDED THIS SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS.
6. Miscellaneous. This EULA is a complete statement of the agreement between you and Advanced Industrial Marketing, Inc., and sets forth the entire liability of Advanced Industrial Marketing, Inc. and its Representatives and your exclusive remedy with respect to the Software and Services and their use. The agents, employees, distributors, and dealers of Advanced Industrial Marketing, Inc. are not authorized to make modifications to this EULA, or to make any additional representations, commitments, or warranties binding on Advanced Industrial Marketing, Inc. Any waiver of the terms herein by Advanced Industrial Marketing, Inc. must be in a writing signed by an authorized officer of Advanced Industrial Marketing, Inc. and expressly referencing the applicable provisions of this EULA. If any provision of this EULA is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This EULA will be governed by Ohio law as applied to agreements entered into and to be performed entirely within Ohio, without regard to its choice of law or conflicts of law principles, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Ohio. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. This EULA does not limit any rights that Advanced Industrial Marketing, Inc. may have under trade secret, copyright, patent or other laws.
This EULA may be terminated by Advanced Industrial Marketing, Inc. immediately and without notice if you fail to comply with any term or condition of this EULA. Upon such termination, you must immediately cease using the Software, and delete or destroy all complete and partial copies of the Software, including all backup copies. Advanced Industrial Marketing, Inc. shall have the right to change or add to the terms of its EULAs at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Software or Services (including but not limited to internet based services, pricing, technical support options, and other product-related policies) upon notice by any means Advanced Industrial Marketing, Inc. determines in its discretion to be reasonable.
7. Export Restrictions. You acknowledge and agree that the Software is subject to restrictions and controls imposed by the Export Administration Act of 1979, as amended, and the Export Administration Regulations there under (“the Acts“). You agree and certify that neither the Software nor any direct product thereof is being or will be used for any purpose prohibited by the Acts. You further agree and certify that neither the Software nor any direct product thereof will be exported to: (1) the following countries which are currently subject to U.S. trade embargoes: Cuba, Iran, Libya, North Korea, Sudan and Syria; or (2) persons or entities on the U.S. “Denied Persons List,” “Specially Designated Nationals List,” and “Entities List.”
8. U.S. Government Restricted Rights. The Software is a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227-7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
The AIM Institute, Inc., 2206 20th Street, Cuyahoga Falls, OH 44223.