BluDPS License

End User License Agreement

  1. Under this End User License Agreement (the “Agreement”), Blu3 Management Group, LLC (the
    “Vendor”) grants to the user (the “Licensee”) a non-exclusive and non-transferable license (the
    “License”) to use BluDPS (the “Software”).
  2. “Software” includes the executable computer programs and any related printed, electronic and
    online documentation and any other files that may accompany the product.
  3. Title, copyright, intellectual property rights and distribution rights of the Software remain
    exclusively with the Vendor. Intellectual property rights include the look and feel of the
    Software. This Agreement constitutes a license for use only and is not in any way a transfer of
    ownership rights to the Software.
  4. This Agreement grants a site license to the Licensee. The Software may be loaded onto a
    maximum of five computers.
  5. The rights and obligations of this Agreement are personal rights granted to the Licensee only.
    The Licensee may not transfer or assign any of the rights or obligations granted under this
    Agreement to any other person or legal entity. The Licensee may not make available the
    Software for use by one or more third parties.
  6. The Software may not be modified, reverse-engineered, or de-compiled in any manner through
    current or future available technologies.
  7. Failure to comply with any of the terms under the License section will be considered a material
    breach of this Agreement.
    License Fee
  8. The original purchase price paid by the Licensee will constitute the entire license fee and is the
    full consideration for this Agreement.
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    Limitation of Liability
  9. The Software is provided by the Vendor and accepted by the Licensee “as is”. Liability of the
    Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor
    will not be liable for any general, special, incidental or consequential damages including, but not
    limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business
    or economic disadvantage suffered by the Licensee arising out of the use or failure to use the
  10. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a
    particular purpose or that the Software will be suitable or appropriate for the specific
    requirements of the Licensee.
  11. The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The
    Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as
    determined in the industry.
    Warrants and Representations
  12. The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor
    warrants and represents that granting the license to use this Software is not in violation of any
    other agreement, copyright or applicable statute.
  13. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the
    Licensee (“Acceptance”) on installation of the Software on the first computer.
    User Support
  14. The Licensee will be entitled to For Life of Agreement of Email Support available 9am to 5pm,
    CST Monday thru Friday for Non Emergency Support., at no additional cost.
  15. The Licensee will be entitled to maintenance upgrades and bug fixes, at no additional cost, for a
    period of For Life of Agreement from the date of Acceptance.
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  16. The term of this Agreement will begin on Acceptance and is perpetual.
  17. This Agreement will be terminated and the License forfeited where the Licensee has failed to
    comply with any of the terms of this Agreement or is in breach of this Agreement. On
    termination of this Agreement for any reason, the Licensee will promptly destroy the Software or
    return the Software to the Vendor.
    Force Majeure
  18. The Vendor will be free of liability to the Licensee where the Vendor is prevented from
    executing its obligations under this Agreement in whole or in part due to Force Majeure, such as
    earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event
    where the Vendor has taken any and all appropriate action to mitigate such an event.
    Governing Law
  19. The Parties to this Agreement submit to the jurisdiction of the courts of the State of Missouri for
    the enforcement of this Agreement or any arbitration award or decision arising from this
    Agreement. This Agreement will be enforced or construed according to the laws of the State of
  20. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
  21. This Agreement does not create or imply any relationship in agency or partnership between the
    Vendor and the Licensee.
  22. Headings are inserted for the convenience of the parties only and are not to be considered when
    interpreting this Agreement. Words in the singular mean and include the plural and vice versa.
    Words in the masculine gender include the feminine gender and vice versa. Words in the neuter
    gender include the masculine gender and the feminine gender and vice versa.
  23. If any term, covenant, condition or provision of this Agreement is held by a court of competent
    jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be
    reduced in scope by the court only to the extent deemed necessary by that court to render the
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    provision reasonable and enforceable and the remainder of the provisions of this Agreement will
    in no way be affected, impaired or invalidated as a result.
  24. This Agreement contains the entire agreement between the parties. All understandings have been
    included in this Agreement. Representations which may have been made by any party to this
    Agreement may in some way be inconsistent with this final written Agreement. All such
    statements are declared to be of no value in this Agreement. Only the written terms of this
    Agreement will bind the parties.
  25. This Agreement and the terms and conditions contained in this Agreement apply to and are
    binding upon the Vendor’s successors and assigns.
  26. All notices to the Vendor under this Agreement are to be provided at the following address:
    Blu3 Management Group, LLC: PO Box 377, Anderson, MO 64831
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