General License Information
Purpose
The intent of the end-use license agreement is not to extract money from the customer by what is known as a "double sale": Up-front purchase followed by a high-dollar back-end end-user license agreement or high-dollar support package. There is nothing like that here. It is about "fair play rules" of use, though.
End-use License Agreement
Use of core product technology by customers are on an-agreed basis, as per end-user agreement. Commercial and Industrial usage is governed by commercial-use agreement, which incorporates end-use but has further restrictions than end-use agreement. The scope of core products include but are not limited to (legal ease) the Parkerizing, 4C, and Moly-Fusion.
Commercial-Use Agreement
Commercial use of products are governed by the commercial portions of the end-use agreement together with on an industry by industry exclusive or non-exclusive license to use for a particular application or formulation. The intent, unless agreed to otherwise is to offer non-exclusive use of the products for any application the customer wishes, provided there is no attempt to restrict the rights of any other commercial or industrial customer to implement the same type of solution for their respective desires. Royalties and licensing fees may be charged on a case by case basis for resale. Otherwise the licensing fee is intended to be all inclusive.
The Agreement Below
Shooter Solutionsä End-User License Agreement:
Upon opening the enclosed package, you agree, unless
otherwise agreed in writing to all of the following:
PRELUDE: (Protecting the property and licensing rights of the
Manufacturer/Distributor).
The “ownership” of this product is not transferred to you.
· This
means not to reverse engineer the product for any reason.
· You shall not create a new product
incorporating this product or restrict others from using this product..
· You
shall not patent this product, any process thereof, or any improvement or
improvements thereof.
· This agreement may be modified or added
to at any time in the future by Shooter Solutions, Shooter Solutions, LLC and
all successor or assigns and be duly incorporated into a new in-force agreement
immediately without notice, affecting use.
- There
are no distribution rights granted directly or by inference unless by
separate signed 2-party agreement.
· You
shall not repackage, re-label, nor resell the product.
· You
shall not remove any license agreements upon transfer.
· On
transfer of product, license agreements must be transferred and agreed to by
the using party.
- You
shall test-use this product in any unwritten applications, and take
responsibility for any R & D failures. You will seek technical
assistance in everything possible. Being a commercial product, only the
product working is guaranteed, not the applications thereof. (The Limited,
unconditional Guarantee).
- You
agree you are technically competent to read and follow directions, including
all warnings, to use the product appropriately, and NOT use it in any way
and in any application it is recommended for you to not use it in or proceed with caution. You agree to heed all warnings,
pass them along, as well as read them.
- You
shall not do anything that will impinge on the use-rights of others,
including:
· You
shall disclose all new applications you are using it on or in or researching to
use it on or in.
· You
shall not apply for any process patents involving the use of this product.
- If this
product works for you, we encourage your detailed feedback to us, as well
as to your contacts. We wish to spread this technology-use far and wide.
(Not just the technology, but the use thereof).
- Please
don’t expect direct compensation for your assistance in marketing, except
for gratitude and extra-favorable discounts = the “inner circle”. However
every bit of help, including pictures, feedback, write-ups, additional
uses, etc. will all be appreciated, and used for the common good.
- Shooter
Solutions’ and Supplier Promise: Cost of use-of product will not go up in
response to new-found applications by customers.
- You
agree this is a legal and binding agreement to user and all assignees.
Reasonable compensation agreed including but not limited to all attorney
fees and legal and enforcement expenses.
- This
product is for customer use only and/or will not be given to any person or
entity who is not agreed to any of these 10 points and the following
agreement:
Shooter
Solutions
End-User
License Agreement
THE
PRODUCT IS LICENSED, NOT SOLD, AND AVAILABLE FOR USE ONLY UNDER THE TERMS OF
THIS LICENSE AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING,
COPYING, OR OTHERWISE USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT.
This
Shooter Solutions, ("Shooter Solutions") End User License Agreement
accompanies a Shooter Solutions, LLC product and related explanatory written
materials and materials available online. ("Product").
The term "Product" shall also include any modified versions or updates of the Product licensed to you by Shooter Solutions, but
does not include proprietary for the Shooter Solutions product. This
amount of the Product is licensed to you as the end user.
1. License Grant. Provided that you agree to the following
terms and conditions, Shooter Solutions grants to you a nonexclusive license
to: use the product in a manner as set forth in accompanying materials, and
materials as officially transferred to you, with the provision you comply with
all warnings, cautions, and statements of situations and metal to not use it
on. This includes all surface areas where its reaction will or may cause undue
harm to the user or the part or any other device. This product is for the professional
only. Serious do-it-yourselfers, teachers, experimenters, and companies take
responsibility to try the product out first before use.
2. Termination.
Without prejudice to any other rights, Shooter Solutions may terminate
this Agreement if you fail to comply with the terms and conditions of this
Agreement. In such event, you must
destroy all amounts of the Product.
CONTINUED: SEE SIDE 2.
PRINT SIDE 2, END USER AGREEMENT
3. Rent/Transfer.
You may not rent, lease, or sublicense the Product. You may, however,
transfer all your rights to use the Product to another person or entity,
provided (1) the third party receives a copy of this Agreement and agrees to be
bound by its terms and conditions, and (2) you at all times comply with all applicable
United States export control laws and regulations.
4. Copyright. The Product is owned by Shooter
Solutions and its suppliers, and the Product structure, formulation and make-up
are the valuable assets of Shooter Solutions and its suppliers. The Product is also protected according to United States time-stamp trademark-type
and any related International Treaty provisions. You agree not to modify, adapt, reverse
engineer, or otherwise attempt to discover the formulation of the Product.
Except as stated in Section 1 above, this Agreement does not grant you any
intellectual property rights concerning Product material.
5. Limited Warranty. The Product is being delivered to you
"AS IS". SHOOTER SOLUTIONS AND ITS SUPPLIERS DO NOT AND CANNOT
WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PRODUCT OR
DOCUMENTATION. SHOOTER SOLUTIONS AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS
OR IMPLIED, AS TO MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, WITH
THE EXCLUSION AS FOLLOWS: THE WARRANTY DEFINED IS CONFINED TO YOUR SATISFACTION
THE PRODUCT DOES PERFORM CHEMICALLY ON ITS OWN PER ITS SPECIFICATION FOR 30
DAYS FROM RECEIPT. IN NO EVENT WILL SHOOTER SOLUTIONS OR ITS SUPPLIERS BE
LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING
ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A SHOOTER SOLUTIONS REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
THIRD PARTY. Some states or
jurisdictions do not allow the exclusion or limitation of incidental,
consequential or special damages, or the exclusion of implied warranties or
limitations on how long an implied warranty may last, so the above limitations
may not apply to you.
6. Governing Law and General Provisions. This Agreement will be governed by the laws
of the State of New Hampshire, USA.,
excluding the application of its conflicts of law rules. This Agreement will not be governed by the
United Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded.
If any part of this Agreement is found void and unenforceable, it will
not affect the validity of the balance of the Agreement, which shall remain
valid and enforceable according to its terms. You agree that this product will
not be shipped, transferred or exported into any country or used in any manner
prohibited by the United States
Export Administration Act or any other export laws, restrictions or
regulations. This Agreement shall
automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in
writing signed by an authorized officer of Shooter Solutions.
Shooter
Solutions and or nominee at 28 Central Street, Derry, NH, 03038 USA
(c)
2002 Shooter Solutions. All rights reserved. This
revision date 5-13-2002 Rev. 24-December-2003