NOTE: By downloading the software, you are accepting the Atomic Briefcase License Agreement, which comes with no warranties.
Atomic Briefcase License Agreement
Atomic Briefcase Litigation Software ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Atomic Briefcase LLC or its subsidiaries, affiliates, and suppliers (collectively "AB") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this software license ("Agreement").
Acceptance by Downloading or Using
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
Month-to-Month User Licenses
AB licenses the use of the Software Product through month-to-month individual user licenses. Each such month-to-month user license comes with a user and password that you will use to log into and use the Software Product. For each month-to-month user license that you purchase for a given month, only one per person may use the Software Product at a time. Each individual user license is like a pencil: anyone in your firm can use a given pencil, but only one person can use that pencil at a time. Likewise, anyone at your firm may use an individual user license, but only one person can use that license at a time.
Restrictions on Transfer, Use and Alteration
Without first obtaining the express written consent of AB, you shall not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
You shall not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product. You shall not use the database portion of the Software Product in connection with any software other than the Software Product. You shall not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You shall not alter any files or libraries in any portion of the Software Product. You shall not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You shall not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY AB, AB MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT.
AB MAKES NO WARRANTY THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS OR OPERATE UNDER YOUR SPECIFIC CONDITIONS OF USE. AB MAKES NO WARRANTY THAT OPERATION OF THE SOFTWARE PRODUCT WILL BE SECURE, ERROR FREE, OR FREE FROM INTERRUPTION.
YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. AB WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL AB, ITS MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF AB OR ANY OTHER PARTY, EVEN IF AB IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS AB'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
You agree that your remedy for a breach of this Agreement is limited to a maximum of a refund of 90% (ninety percent) of the fees that you actually paid for one, and only one month.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of California, without regard to California's conflict or choice of law provisions. The sole and exclusive venue for the resolution of any disputes regarding this license shall be the Superior Court for the State of California for Los Angeles County, California, regardless where you or your business are located. You hereby waive any right to have any such dispute resolved in a different court or location.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Confirmation That You Are Not Relying on Prior or Separate Statements or Agreements
By buying, downloading and/or using the Software Product, you represent and warrant to AB that you are not relying on any representations, warranties, conversations, assumptions, standards, practices, customs, understandings or promises other than those set forth in this Agreement, and that this Agreement cancels and supersedes all other agreements, express or implied, except for any written agreements between AB and you addressing the price that you will pay for month-to-month user licenses.
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