Legal

Legal Information

                      END-USER LICENSE AGREEMENT

              IMPORTANT--READ CAREFULLY BEFORE USING THIS SOFTWARE


BY USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE
AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS
TERMS. IN ANY EVENT, YOUR USE OF THIS SOFTWARE CONSTITUTES YOUR ACCEPTANCE
AND AGREEMENT TO BE BOUND BY THE TERMS HEREIN.


1.                  GRANT OF LICENSE FOR REGISTERED USERS. Brian Stevens,
hereby grants you a non-exclusive,
non-transferable, limited license to use the software with which this
license is distributed (the "Software"), including any documentation files
accompanying the Software ("Documentation") solely on a single personal
computer, provided that (i) the Software may not be modified; (ii) all
copyright notices are maintained on the Software; and (iii) you agree to be
bound by the terms of this License Agreement. The Software is licensed to
you and not sold to you. The Software and Documentation shall be used only
by you, only for your own personal use and not in the operation of a service
bureau or for the benefit of any other person or entity. Any use of the
Software, other than as expressly set forth herein, by you or any person,
business, corporation, government organization or any other entity is
strictly forbidden and is a violation of this License Agreement.

2.                  OWNERSHIP. You have no ownership rights in the
Software. Rather, you have a license to use the Software pursuant to the
terms of this License Agreement as long as this License Agreement remains in
full force and effect. Ownership of the Software, Documentation and all
intellectual patient rights therein shall remain at all times with Brian Stevens.
Brian Stevens shall own all right title and interest (including any copyrights,
patents, trade secrets and other intellectual patient rights) in and to all
materials licensed by Brian Stevens under this Agreement. You acknowledge that as
between you and Brian Stevens, Brian Stevens owns its proprietary trademark(s) (including
but not limited to Daynotes ), and all related trade names, logos and
icons.

3.                  COPYRIGHT AND TRADEMARK. The Software and Documentation
contain material that is protected by United States Copyright Law and trade
secret law, and by international treaty provisions. All rights not granted
to you herein are reserved to Brian Stevens. You may not remove any proprietary
notice of Brian Stevens from any copy of the Software or Documentation. You are
not authorized to use, reproduce, publish, or distribute any trademarks,
trade names, logos or icons of Brian Stevens. You may not copy the printed
materials and Documentation which accompany the Software.

4.                  RESTRICTIONS. This License Agreement is your proof of
license to exercise the rights granted herein and must be retained by you.
You must protect the Software and Documentation consistent with Brian Stevens's
rights therein, including informing persons who are permitted access thereto
in order to satisfy your obligations hereunder and maintain the
confidentiality of the Software and Documentation. You may not publish,
display, disclose, rent, lease, modify, loan, distribute, alter or create
derivative works based on the Software or any part thereof. You may not
reverse engineer, decompile, translate, adapt, or disassemble the Software,
nor shall you attempt to create the source code from the object code for the
Software. You may not transmit the Software over any network or between any
devices, although you may use the Software to make such transmissions of
other materials. You may transfer the Software to another computer you own
as long as you first delete all copies of the Software contained on the
original computer on which the Software was initially installed.

5.                  DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED 'AS
IS'. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Brian Stevens DISCLAIMS ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE OR USE. Brian Stevens DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE,
OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED
FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR
THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. Brian Stevens IS NOT
OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.

6.                  LIMITATION OF LIABILITY. IN NO EVENT WILL Brian Stevens BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL,
INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF OR DAMAGE TO RECORDS OR DATA, COST OF PROCUREMENT OF SUBSTITUTE
GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS INFORMATION ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SOFTWARE, OR FOR ANY CLAIM BY ANY OTHER
PARTY, EVEN IF Brian Stevens HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Brian Stevens'S LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR
OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL
NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND
DOCUMENTATION GIVING RISE TO THE LIABILITY OR U.S. $50.00. BECAUSE SOME
STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.

7.                  EXPORT RESTRICTIONS. THIS LICENSE AGREEMENT IS
EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER
RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF THE SOFTWARE
OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY
THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT THE
SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE AND
DOCUMENTATION. PURCHASERS OF THE SOFTWARE ARE STRICTLY PROHIBITED FROM
EXPORTING OR TRANSFERRING THE SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT
THE SOFTWARE AND DOCUMENTATION, OR ANY RIGHTS GRANTED UNDER THE TERMS
HEREOF, TO ANY INDIVIDUAL OR ENTITY EITHER (I) RESIDING IN ANY COUNTRY
PROHIBITED BY THE UNITED STATES EXPORT ADMINISTRATION ACT OF 1979, OR
REGULATIONS PROMULGATED THEREUNDER, OR (II) USING THE SOFTWARE FOR ANY
PURPOSE PROHIBITED BY SAID ACT OR REGULATIONS, AND ANY SUCH ATTEMPTED
TRANSFER OR EXPORT SHALL BE NULL AND VOID. Brian Stevens CERTIFIES THAT NEITHER THE
SOFTWARE NOR ANY RELATED TECHNICAL DATA NOR THE DIRECT PRODUCTS THEREOF (I)
ARE INTENDED TO BE USED FOR ANY PURPOSE PROHIBITED BY THE UNITED STATES
EXPORT ADMINISTRATION ACT OF 1979 ['EXPORT ADMINISTRATION ACT'] OR
REGULATIONS PROMULGATED THEREUNDER, INCLUDING, WITHOUT LIMITATION, NUCLEAR
PROLIFERATION, OR (II) ARE INTENDED TO BE SHIPPED OR EXPORTED, EITHER
DIRECTLY OR INDIRECTLY, TO ANY COUNTRY PROHIBITED BY THE EXPORT
ADMINISTRATION ACT OR ANY OTHER SIMILAR ACT.

8.         CONFIDENTIALITY AND NON-DISCLOSURE   You acknowledge that the
Software and Documentation constitute confidential and proprietary
information of Brian Stevens (the 'Confidential Information'), and agree to hold
the Confidential Information in strict confidence and safeguard same with at
least as great a degree of care as you would use with your own most
confidential materials and data relating to your business, but in no event
less than a reasonable degree of care.



9.                  TERMINATION. This License Agreement is effective until
terminated. You may terminate this License Agreement at any time by
destroying or returning to your supplier all copies of the Software and
Documentation in your possession or under your control. This License
Agreement shall terminate immediately if you violate the terms of this
License Agreement. Upon such termination, you agree to destroy or return to
Brian Stevens all copies of the Software and Documentation and to certify to Brian Stevens
in writing that all known copies, including backup copies, have been
destroyed.

10.             GENERAL.

a.      Law. This License Agreement shall be construed, interpreted and
governed by the laws of the State of Arizona without regard to its conflict
of law provisions. The parties hereby consent to the exclusive jurisdiction
of the courts of Arizona State, waive any right to object to said
jurisdiction based upon convenience or other bases, and further agree that
any cause of action arising under this Agreement shall be brought
exclusively in a court in Maricopa County Arizona.

b.      Entire Agreement. This License Agreement shall constitute the entire
Agreement between the parties hereto. Any waiver or modification of this
License Agreement shall only be effective if it is in writing and signed by
both parties hereto.

c.      No Waiver. No waiver of any provision hereof or of any right or
remedy hereunder shall be effective unless in writing and signed by the
party against whom such waiver is sought to be enforced. No delay in
exercising, no course of dealing with respect to, or no partial exercise of
any right or remedy hereunder shall constitute a waiver of any other right
or remedy, or future exercise thereof.

d.      Severability. If any part of this License Agreement is found invalid
or unenforceable by a court of competent jurisdiction, it shall be adjusted
rather than voided, if possible, in order to achieve the intent of the
parties to the extent possible, and the enforceability of the remaining
provisions shall be unimpaired.

e.      Limitations. No action, regardless of form, arising out of this
Agreement may be brought by you more than two (2) years after such cause of
action shall have accrued.

f.        Assignment. You may not assign, sublicense, transfer, pledge,
lease, rent or share your rights under this License Agreement. Brian Stevens may
assign or delegate this Agreement or any right or obligation hereunder, by
operation of law or otherwise, to any entity.

g.      Dispute Resolution Process. Should a dispute arise between the
parties under or relating to this Agreement, you agree to notify Brian Stevens in
writing as promptly as possible of any such dispute, including any dispute
as to whether an event of default has occurred, and each party agrees that
prior to initiating any formal proceeding against the other (except for the
seeking of injunctive relief), the parties will each designate a
representative for purposes of resolving this dispute. If the parties'
representatives are unable to resolve the dispute within ten (10) business
days, either may, upon written notice to the other party, require that the
dispute be submitted to more senior representatives within each party (the
'Senior Representatives'). The Senior Representatives of each party shall
meet as soon as possible to negotiate in good faith to resolve the dispute.
If the Senior Representatives are unable to resolve the dispute within ten
(10) business days after submission of the dispute to them, or such longer
period for resolution as may be mutually agreed in writing by the Senior
Representatives, the dispute shall be settled by binding arbitration
administered by and under the then-current rules of the American Arbitration
Association ('AAA'). The location of any such proceeding shall be Maricopa County,
Arizona. Judgment upon any award rendered by the arbitrator may be entered
by any court having jurisdiction thereof. Any arbitrator shall be bound by
the express terms of this Agreement and shall not change or modify any terms
of this Agreement or make any award of damages in excess of that set forth
in this Agreement or grant any relief not expressly set forth herein.



h.      Survival. The respective rights and obligations of the parties with
respect to Section 2 [Ownership], Section 5 [Disclaimer of Warranty],
Section 6 [Limitation of Liability], Section 8 [Confidentiality and
Non-Disclosure], and this Section 9 [General Provisions] shall survive any
termination or expiration of this Agreement.



i.        Remedies. The rights and remedies of the parties as set forth in
this Agreement are not exclusive and are in addition to any other rights and
remedies available to them in law or in equity.



11.             U.S. GOVERNMENT RESTRICTED RIGHTS. The Software (including
the Documentation) is provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause of DFARS 252.227-7013 [Rights in Technical Data -
Non-Commercial Items] or subparagraph (c)(1) and (2) of the Commercial
Computer Software-Restricted Rights clause at 48 CFR 52.227-19 as amended,
or any successor regulations thereto.

For Inquiries, please contact:

Brian Stevens
email: info@brilorsoftware.com
   * Redistribution and use in source and binary forms, with or without modification, are permitted provided
   * that the following conditions are met:
   *
   * * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
   * * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
   * * Neither the name of the <ORGANIZATION> nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
   *
   * THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
   * "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
   * THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
   * ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE
   * FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
   * (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
   * USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
   * LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
   * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
   * POSSIBILITY OF SUCH DAMAGE.

Legalese (otherwise known as The Licence Agreement)
This is a legal agreement between you and Brian S. Stevens, covering your use of Daynotes
. Be sure to read the following agreement before using the software. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES OF IT.
This copyright software is distributed as shareware. You may use this software without any charge for 15 uses and may distribute the original compressed archive to others. The software is owned by Brian S. Stevens and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material (e.g. a book or movie).
Commercial distribution of the software is restricted without permission of Brian S. Stevens. I'll be more than happy to allow you to redistribute this software, but you must first obtain a license from me. I may be contacted at the above email address.
You may not rent or lease the software, nor may you modify, adapt, translate, reverse engineer, decompile, or disassemble the software. If you violate any part of this agreement, your right to use this software terminates automatically and you then must destroy all copies of this software in your possession.
The software and related documentation are provided “AS IS” and without warranty of any kind and Brian S. Stevens, expressly disclaims all other warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Brian S. Stevens, be liable for any incidental, special or consequential damages that result from the use or inability to use the software or related documentation, even if Brian S. Stevens has been advised of the possibility of such damages.
This Agreement shall be governed by the laws of the State of Arizona. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. Brian S. Stevens. Chandler, Arizona 85225
All trademarks are held by their respective owners.