EULA - End User License Agreement
Welcome! It is important that you carefully read these terms before
installing the Cambrosia software.
These terms when accepted by you form a license ("License")
agreement between Cambrosia and you
("You," "Your" Or "User") for the use of the Cambrosia Station Transmitter, including any and all versions or variations of the Cambrosia Station Transmitter software (collectively, "Cambrosia Station Transmitter").
In order to use Cambrosia Station Transmitter, you must first read and accept the terms of this License, and confirm your acceptance of the terms of this License by pressing the ''Yes'' button on the Cambrosia Station Transmitter download screen. If you are a minor you will become eligible to use Cambrosia Station Transmitter upon your parent or guardian reading and accepting the terms of this License and confirming acceptance of the terms of this License by pressing the ''Yes'' button on the Cambrosia Station Transmitter download screen.
IF YOU PRESS THE ''NO'' BUTTON ON THE CAMBROSIA STATION TRANSMITTER
DOWNLOAD SCREEN YOU WILL NOT BE ABLE TO INSTALL THE
1. What you can do under this License
1.1 Subject to all the terms of this License, BV grants you a
limited, non-exclusive, personal, non-sublicensable, non-assignable
license to install and use the Cambrosia Station Transmitter and any future fixes, updates and upgrades provided to you (collectively, the "Software") on a computer.
1.2 Unless explicitly stated otherwise, any new features that augment
or enhance the current Software, including the release of new
properties, shall be subject to terms of this License.
2 What you can''t do under this License
You agree not to use the Software to:
2.1 Transmit or communicate any data that is unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, invasive
of another''s privacy, hateful, or racially, ethnically or otherwise
2.2 Harm minors in any way;
2.3 Impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity;
2.4 Forge headers or otherwise manipulate identifiers in order to
disguise the origin of any data transmitted to other users;
2.5 Transmit , access or communicate any data that you do not have a
right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under non-disclosure agreements);
2.6 Transmit ,access or communicate any data that infringes any
patent, trademark, trade secret, copyright or other proprietary rights of any party;
2.7 Transmit or communicate any data that contains software viruses or
any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware
or telecommunications equipment;
2.8 Disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users are able to type, or otherwise act in a manner that
negatively affects other users'' ability to engage in real time exchanges;
2.9 Interfere with or disrupt the Software;
2.10 Intentionally or unintentionally violate any applicable local, state,
national or international law, including securities exchange and any
regulations requirements, procedures or policies in force from time to
time relating to the Software;
2.11 Monitor traffic or make search requests in order to accumulate
information about individual users;
2.12 "Stalk" or otherwise harass another;
2.13 Modify, delete or damage any information contained on the
personal computer of any Cambrosia Station Transmitter user; or
2.14 Collect or store personal data about other users.
3 More Do''s and Don''ts
3.1 This License allows you to install and use the Cambrosia Station Transmitter on a single computer. This License does not permit you to install the software on more than one computer at a time. You may make copies of the software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original.
3.2 Except as expressly permitted in this License, you agree not to
reverse engineer, de-compile, disassemble, alter, duplicate, modify,
rent, lease, loan, sublicense, make copies, create derivative works
from, distribute or provide others with the Software in whole or part,
transmit or communicate the application over a network.
3.3 You may not sell, transfer or communicate the Software to any third
party without our prior express written consent.
4 Things you need to know when using the Cambrosia Station Transmitter
4.1 You are responsible for paying all applicable taxes and other costs
you may incur in connection with your use of the Software including but
not limited to all hardware and software costs and providing all
equipment and software necessary to connect to our web site and to
use the Software via the Internet and any royalties or other charges
relating to the use of data owned by third parties.
4.2 Cambrosia may from time to time present programming fixes,
updates and upgrades to you, including version updates to the Cambrosia Station Transmitter.
You may accept or reject such programming fixes,
updates and upgrades to you, including version updates at your sole
5 Things you need to do when using the Cambrosia Station Transmitter
5.1 It is your responsibility to ensure that you obtain all consents,
authorizations and clearances in any data owned or controlled by third
parties that you transmit, access or communicate to others using the
Cambrosia Station Transmitter.
5.2 Cambrosia will not be liable in any way:
5.2.1 for any errors or omissions in any data, or for any loss or damage of any kind incurred as a result of any data transmitted via the
5.2.2 if you are exposed to data that is offensive, indecent or
5.2.3 for any allegations or findings of infringement of copyright or
other proprietary rights as a result of your use of the Software.
6 Copyright Infringement
6.1 Cambrosia respects copyright and other laws. Cambrosia
requires all Cambrosia Station Transmitter users to comply with copyright and other laws. Cambrosia does not by the supply of the Software authorize you to infringe the copyright or other rights of third parties.
6.2 As a condition to use the Software, you agree that you must not use
the Software to infringe the intellectual property or other rights of
others, in any way. The unauthorized reproduction, distribution,
modification, public display, communication to the public or public
performance of copyrighted works is an infringement of copyright.
6.3 Users are entirely responsible for their conduct and for ensuring
that it complies with all applicable copyright and data-protection laws.
In the event a user fails to comply with laws regarding copyrights or
other intellectual property rights and data-protection and privacy, such a user may be exposed to civil and criminal liability, including possible fines and jail time.
7 Cambrosia''s Right to Run Advertising without payment to Users
7.1 Cambrosia reserves the right to run advertisements and promotions
on the Cambrosia Station Transmitter 1.0 By accepting the terms of this License, you agree that we have the right to run such advertisements and promotions without compensation to you.
7.3 The timing, frequency, placement and extent of advertising by us
within the pages comprising the Cambrosia Station Transmitter is subject to change and shall be determined by us at our sole discretion.
7.4 Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Cambrosia web site or Cambrosia Station Transmitter, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
7.5 You agree that Cambrosia is not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Cambrosia and/ or the Cambrosia web site.
8 Links to Third-Party Sites
8.1 The Cambrosia may provide, or third parties may
provide, links to World Wide Web sites or other Internet resources. Any
third-party sites to which the Cambrosia may link are not
under control of Cambrosia. Cambrosia does not have any responsibility or liability for any information, data, communications or materials
available on such third-party sites.
9 Third Party Software
9.1 During the process of installing the Software, you may be offered
the possibility to download or install software from third party software vendors pursuant to licences or other arrangements between such vendors and yourself ("Third Party Software"). In the event you do not wish to download this THIRD PARTY SOFTWARE you should uncheck the
appropriate boxes. Please note that the THIRD PARTY SOFTWARE is
subject to different licenses or other arrangements, which you should
read carefully. By downloading and using this THIRD PARTY SOFTWARE
you accept these THIRD PARTY SOFTWARE licenses or other
arrangements and acknowledge that you have read them and
understand them. Cambrosia does not sell, resell, or license any of this THIRD PARTY SOFTWARE, and Cambrosia disclaims to the maximum
extent permitted by applicable law, any responsibility for or liability
related to the THIRD PARTY SOFTWARE. Any questions, complaints or
claims related to the THIRD PARTY SOFTWARE should be directed to the
9.2 Cambrosia makes no representations or warranties of any kind
concerning the quality, safety or suitability of this software, either
express or implied, including without limitation any implied warranties
of merchantability, fitness for a particular purpose, or non-infringement to the maximum extent permitted by applicable law, in no event will Cambrosia be liable for any indirect, punitive, special, incidental or consequential damages however they may arise and even if Cambrosia has been previously advised of the possibility of such damages.
9.3 There are inherent dangers in the use of any software available for
downloading on the Internet, and Cambrosia cautions you to make sure
that you completely understand the potential risks before downloading
any of the THIRD PARTY SOFTWARE. You are solely responsible for
adequate protection and backup of the data and equipment used in
connection with any of the THIRD PARTY SOFTWARE, and Cambrosia will
not be liable for any damages that you may suffer in connection with
using, modifying or distributing any of the THIRD PARTY SOFTWARE.
10 Applicable Law
10.1 This License as well as all disputes arising out of or in connection with this License shall be governed by the laws of the Florida, United States of America, without regard to or application of choice of law rules or principles.
10.2 Any dispute arising out of or in connection with this Licence, or in future agreements resulting there from, shall be exclusively resolved before the competent court in Florida, United States of America.
11 Points to consider for International Use
11.1 Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding on-line conduct and acceptable data.
Specifically, you agree to comply with all applicable laws regarding
copyright and the transmission of technical data exported from the
country in which you reside.
12.1 YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND
CAMBROSIA, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS,
CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR
EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS,
ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES,
DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES
(INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY''S FEES
AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY
CAMBROSIA, DUE TO OR ARISING OUT OF DATA YOU SUBMIT, POST TO,
TRANSMIT OR COMMUNICATE THROUGH THE SOFTWARE, YOUR USE
OR MISUSE OF THE SOFTWARE, YOUR CONNECTION TO OTHER USERS,
YOUR VIOLATION OF THE LICENSE, OR YOUR VIOLATION OF ANY
RIGHTS OF ANOTHER.
13 Disclaimers of Warranties
13.1 THE SOFTWARE IS PROVIDED "AS IS", AND ON AN "AS
AVAILABLE" BASIS AND THERE ARE NO CLAIMS, REPRESENTATIONS
AND WARRANTIES MADE BY CAMBROSIA, EITHER EXPRESS,
IMPLIED OR STATUTORY (TO THE EXTENT PERMITTED BY APPLICABLE LAW),
WITH RESPECT TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OF QUALITY, PERFORMANCE, TITLE, NON-
INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF
DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.
13.2 ANY DATA DOWNLOADED THROUGH THE USE OF THE SOFTWARE
IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF
ANY SUCH MATERIAL.
14 Limitation of Liability
14.1 YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL
CAMBROSIA BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED),
PRODUCT LIABILITY OR STRICT LIABILITY, EVEN IF CAMBROSIA HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES, RESULTING FROM:
14.1.1 THE USE OR THE INABILITY TO USE THE SOFTWARE;
14.1.2 THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
USE OF THE SOFTWARE;
14.1.3 UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA;
14.1.4 STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE
14.1.5 ANY OTHER MATTER RELATING TO THE USE OF THE SOFTWARE.
IN NO EVENT SHALL CAMBROSIA''S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES EXCEED THE AMOUNT OF FIFTY US DOLLARS
14.2 WHERE THE TRADE PRACTICES ACT 1974 (CTH) OR SIMILAR
STATE AND TERRITORY LEGISLATION IMPLIES INTO THIS LICENCE ANY
CONDITION OR WARRANTY, AND THOSE LAWS AVOID OR PROHIBIT
CONDITIONS IN A CONTRACT EXCLUDING OR MODIFYING THEM, THEN
THE TERM, CONDITION OR WARRANTY SHALL BE DEEMED TO BE
INCLUDED IN THIS LICENCE, PROVIDED THAT TO THE FULL EXTENT
THAT CAMBROSIA IS ABLE TO THE LIABILITY OF
CAMBROSIA FOR A BREACH OF ANY SUCH CONDITION
OR WARRANTY, INCLUDING AND ECONOMIC OR CONSEQUENTIAL LOSS,
SHALL BE LIMITED AT THE OPTION OF CAMBROSIA TO
ONE OR MORE OF THE FOLLOWING:
14.2.1 IF THE BREACH RELATED TO GOODS:
(A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF
(B) THE REPAIR OF GOODS;
(C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR
OBTAINING EQUIVALENT GOODS;
(D) THE PAYMENT OF HAVING THE GOODS REPAIRED;
14.2.2 IF THE BREACH RELATES TO SERVICES:
(A) THE SUPPLY OF THE SERVICE AGAIN; OR
(B) THE PAYMENT OF THE COST OF HAVING THE SERVICE SUPPLIED
15.1 It is you responsibility to comply with the terms of this License and to obey the laws of your jurisdiction. Your rights under this License will terminate immediately and without prior notice if :
you violate any term of this License, including violating any applicable laws or rights of any third party including the intellectual property rights of any such third party. You may be subject to legal action if you continue to use the Cambrosia Station Transmitter in violation of this License.
16 Trade marks
17.1 The BV name, the BV logo, and other BV related
properties are trademarks of Cambrosia. All other trademarks appearing
on Cambrosia Station Transmitter are trademarks of their respective owners.
17.1 This License constitutes the entire understanding of you, the Cambrosia Station Transmitter and the Software with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby.
17.2 The failure or delay of CAMBROSIA to exercise or enforce any rights or provision of the License does not constitute a waiver of such right or provision.
17.3 All provisions which must survive in order to give effect to their
meaning, shall survive any expiration or termination of this License,
including without limitation all of your representations, warranties and indemnification obligations.
17.4 Should any part of this License be held invalid by any court or
tribunal, such invalidity shall not affect the validity of any remaining part, which will remain in full force and effect as if this License had been executed without that part having been held to be invalid.