or trademarks, (iv) shall prohibit disassembly and reverse engineering of the Bobsweep Software and the Bobsweep, (v)
shall not publish reviews of Bobsweep products designated as beta without written permission from Bobsweep, and (vi)
shall indemnify, hold harmless, and defend Bobsweep and its suppliers from and against any claims or lawsuits, including
attorney’s fees, that arise or result from Your Software, including your use and your distribution.
TITLE: Title to the Bobsweep Software remains with Bobsweep or its suppliers. The Bobsweep Software is licensed, not
sold. Except as expressly provided herein, Bobsweep does not grant any express or implied right to you under Bobsweep
patents, copyrights, trademarks, or trade secret information. You will not remove any copyright or patent notice from the
Bobsweep Software or the Bobsweep.
ONE-TIME TRANSFER: The initial user of the Bobsweep Software and the Bobsweep may make a one-time permanent
transfer of this Agreement, the Bobsweep Software, and the Bobsweep to another end user, provided that the initial user
retains no copies of the Bobsweep Software and the Bobsweep. This transfer must include the Bobsweep Software, the
Bobsweep, and all of the materials accompanying the Bobsweep (including all component parts and printed materials,
any upgrades, and this End User License Agreement document). The transfer may not be an indirect transfer, such as a
consignment. Prior to the transfer, the end user receiving the Bobsweep Software and the Bobsweep must agree to all the
terms of this Agreement.
NO WARRANTY AND LIMITED REPLACEMENT: EXCEPT AS STATED IN THE LIMITED WARRANTY TO THE ORIGINAL
PURCHASER, THE BOBSWEEP SOFTWARE AND THE BOBSWEEP ARE PROVIDED “AS IS” WITH NO WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY
WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY BOBSWEEP OR ITS AGENTS SHALL CREATE A WARRANTY.
If the Bobsweep Software or the Bobsweep is found to be defective in material or workmanship under normal use for a period
of one (1) year from the date of receipt, Bobsweep’s entire liability and your exclusive remedy shall be the replacement of
the Bobsweep Software or the Bobsweep. This offer is void if the defect results from accident, abuse, misapplication, or
software that you developed for your Bobsweep. Any updates or supplements to the Bobsweep Software or the Bobsweep
provided to you after the expiration of the one (1) year period are not covered by any warranty or condition, express, implied
or statutory.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY: THE ABOVE REPLACEMENT PROVISION IS THE ONLY
WARRANTY OF ANY KIND. BOBSWEEP OFFERS NO OTHER WARRANTY EITHER EXPRESS OR IMPLIED
INCLUDING THOSE OF MERCHANTABILITY, NON INFRINGEMENT OF THIRD- PARTY INTELLECTUAL PROPERTY
OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BOBSWEEP NOR ITS SUPPLIERS SHALL BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, VICARIOUS LIABILITY, CONSEQUENTIAL
DAMAGES, INCIDENTAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, OR OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
BOBSWEEP SOFTWARE, THE BOBSWEEP, OR SOFTWARE THAT YOU DEVELOPED FOR YOUR BOBSWEEP, EVEN
IF BOBSWEEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS
