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END USER LICENSE AGREEMENT / Terms & Conditions

Blue Light IT LLC (“BLIT”) IS WILLING TO LICENSE THE ACCOMPANYING SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY BEFORE OPENING OR DOWNLOADING THE SOFTWARE MEDIA PACKAGE. BY OPENING OR DOWNLOADING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, RETURN THE SOFTWARE UNUSED WITHIN FIFTEEN (15) DAYS OF PURCHASE FOR REFUND OF THE LICENSE FEE PAID.

The address for ‘BLIT’ is: 1200 North Federal Highway, Suite 200, Boca Raton, FL, 33432, USA

  1. License to Use. Customer is granted a non-exclusive, non-transferable license (“License”) to the use the accompanying software, for which Customer has purchased an object code license (“Software”), in a machine-readable form, together with the accompanying documentation, on a single central processing unit for a single user.
  2. Restrictions. Software and accompanying documentation are copyrighted, and title to all copies of the Software and documentation remains in ‘BLIT’ or in third parties from whom ‘BLIT’ has acquired license rights. Customer shall not make copies of the Software except for backup or archival purposed during the term of this License. Customer may make copies of the documentation for internal purposes only. Customer shall not modify, disassemble, decompile, decrypt, extract or otherwise reverse engineer the Software.
  3. Term and Termination. The effective date of this License shall be the date of Customers’ initial use of the Software and its term is perpetual, unless terminated as provided herein. Customer may terminate this License at any time by destroying all copies of the Software and documentation. This License will terminate immediately, without notice from ‘BLIT’, if Customer fails to comply with any terms and conditions of this License. Upon termination, Customer must destroy all copies of the Software and documentation.
  4. Confidentiality. The Software is confidential and proprietary information of ‘BLIT’ and/or its licensors. Customer agrees to take adequate steps to protect Software from unauthorized use or disclosure.
  5. Warranty. ‘BLIT’ warrants that the Software shall substantially conform to its user guides and reference manuals, as they exist at the date of delivery, for a period of ninety (90) days from the date of delivery. Customer’s exclusive remedy and ‘BLIT’ sole liability under this warranty will be for ‘BLIT’ (i) to use reasonable efforts to correct such defects and supply Customer with a corrected version of the Software as soon as reasonably practicable after ‘BLIT’ has been notified of such defects or (ii) if correction or replacement is not reasonably achievable by ‘BLIT’, to refund the license fee paid upon return of the Software.
  6. Disclaimer of Warranties. EXCEPT AS SPECIFICALLY SET FORTH IN THIS LICENSE, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW.
  7. Limitation of Liability. IN NO EVENT WILL ‘BLIT’ BE LIABLE FOR ANY LOST DATA, REVENUES OR PROFITS OR OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ‘BLIT’ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ‘BLIT’ maximum liability to the Customer, whether in contract, tort (including negligence) or otherwise, shall be limited to the license fees paid by Customer for the Software. The foregoing limitations apply even if the above-stated warranty fails of its essential purpose.
  8. Export Regulations. The Software, including technical data relating thereto, may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export or import the Software.
  9. Governing Law. This License is made under and shall be governed by and construed in accordance with the laws of the state of Florida (USA), without reference to its choice of law provisions.
  10. Severability. If any provision hereof is found by a tribunal of competent jurisdiction to be illegal or unenforceable, then such provision are hereby waived to the extent necessary for the License to be otherwise enforceable. However, if in ‘BLIT’ opinion deletion of any provision of this License by operation of this paragraph unreasonably compromises the rights of ‘BLIT’ or its licensors, ‘BLIT’ reserves the right to terminate this License and refund the license fee paid by Customer as Customer’s sole and exclusive remedy.
  11. Refund Policy. User acknowledges that prior to paying any license fees, he has used the software and found it to be working to his full satisfaction. No refunds are offered for the license fee paid, save for the conditions in point 5 above. If for some reason The User is not happy with the performance of The Software during it’s free trial period, The User should not purchase a license for The Software.
  12. Delivery of software. The Software is available for download over the internet from http://www.bluelightit.com/MoveIT. This is the only method of obtaining The Software.
  13. Integration. This Agreement is the entire agreement between Customer and ‘BLIT’ relating to the subject matter hereof and (i) supersedes all prior or contemporaneous oral or written communications, proposals and representations relating to the subject matter hereof and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment or similar communication between the parties prior to or during the term of this Agreement. No modification to this Agreement will be binding unless in writing and signed by a duly authorized representative of each party.