This License Agreement (“Agreement”) is a legal agreement between
you (either an individual or an entity) and Bluestem Software LLC
(“Bluestem Software”), regarding the use of Bluestem Software’s,
Ext Dependency Manager API, which may include user documentation
provided in electronic form (the “Software”). Read the terms of
this agreement carefully before using the software licensed hereunder.
By using the software, you agree to the terms of this agreement. If
you do not agree to all these terms, you are not authorized to use
the Software in any way and you must destroy all copies in your
Grant of License
You may reproduce, modify and use the Software, free of charge, for
internal use only, whether commercial or non-commercial, for the
purposes of designing, developing, testing, and running your EOA
applications. You may also reproduce and distribute the Software,
only in the exact form in which you received it as long as you
provide a copy of this Agreement and ensure that the recipients are
bound by its terms. You may not sub-license your right to distribute,
reproduce, or use the Software.
The Software is owned by Bluestem Software or its suppliers or
licensors and is protected by United States copyright laws and
international treaty provisions. Therefore, you may not use or
copy the Software except as authorized.
Bluestem Software warrants that the copy of the Software downloaded
to you will not be corrupted and will be readable using industry
standard “zip” utilities. This warranty is valid only for you.
Bluestem Software’s entire liability and your exclusive remedy under
this warranty will be re-downloading the Software at no additional
charge. This limited warranty is void if failure of the Software
has resulted from accident, abuse, or misapplication. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM
STATE TO STATE.
NO OTHER WARRANTIES. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF
THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION
OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, BLUESTEM SOFTWARE DISCLAIMS ALL
OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE
ACCOMPANYING WRITTEN MATERIALS. SOME STATES DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF
ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY
THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL BLUESTEM SOFTWARE OR ITS SUPPLIERS OR LICENSORS BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR
INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BLUESTEM SOFTWARE’S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF
ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THIS LIMITATION
WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
U.S. Government-Restricted Rights. The Software and any related
documentation are deemed to be “commercial computer Software” and
“commercial computer Software documentation,” respectively, pursuant
to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any
use, modification, reproduction release, performance, display or
disclosure of the Software and or any related documentation by the
U.S.Government will be governed solely by the terms of this Agreement
and will be prohibited except to the extent expressly permitted by
the terms of this Agreement.
You may not download, export, or re-export the Software (a) into, or
to a national or resident of, any country to which the United
States has embargoed goods, or (b) to anyone on the United States
Treasury Department’s list of Specially Designated Nationals or the
U.S. Commerce Department’s Table of Deny Orders. By downloading or
using the Software, you are representing and warranting that you are
not located in, under the control of, or a national or resident of
any such country or on any such list.
This Agreement is governed by the laws of the United States and the
State of Texas, without reference to conflict of laws principles.
Any dispute between you and Bluestem Software regarding this Agreement
will be subject to the exclusive venue of the state and federal courts
in the State of Texas. This Agreement is the entire agreement between
you and Bluestem Software and supersedes any other communications or
advertising with respect to the Software and documentation. If any
provision of this Agreement is held invalid, the remainder of this
Agreement will continue in full force and effect.
Should you have any questions concerning this Agreement, or if you
desire to contact Bluestem Software for any reason, please contact