END USER LICENSE AGREEMENT 

The herein contained End User License Agreement (the ‘:Agreement” or “License” or “EULA’1 shall be considered a legally binding agreement between you (an individual or an entity, hereinafter “Licensee” or “You” or “Your”) and BG SPIRIT LLC for the use of the specified software: Load-Delivery, which may include related printed material, media and any other components and/or software modules, including but not limited to required drivers (the “Product’‘.). Other aspects of the Product may also include, but are not limited to, software updates and any upgrades necessary that BG SPIRIT LLC may supply to You or make available to You, or that You obtain after the initial copy of the Product, and as such that said items are not accompanied by a separate license agreement or terms of use. 

BY WAY OF THE INSTALLATION, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USE OF THIS PRODUCT, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE HEREIN CONTAINED TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, YOU THEN HAVE NO RIGHTS TO THE PRODUCT AND SHOULD THEREFORE NOT INSTALL, COPY, DOWNLOAD, ACCESS NOR USE THE 

PRODUCT. 

THIS PRODUCT IS PROTECTED BY COPYRIGHT LAWS, AS WELL AS ANY OTHER INTELLECTUAL PROPERTY LAWS. THIS PRODUCT IS LICENSED AND NOT SOLD. 

  1. DEFINITIONS AND INTERPRETATIONS 

 

  1. “Agreement” or “License” or “EULA” shall mean this End User License Agreement. 

 

  1. “Licensee” or “You” or “Your” shall mean You, the individual or business entity licensing the Product under of the terms of this Agreement. 
  1. “Intellectual Property” means current and future worldwide rights under patent law, copyright law, trade secret law, trademark law, moral rights law, and other similar rights. 
  1. “Update” means maintenance of, or a fix to, a version of Product, including, but not limited to: a hot fix, patch, or enhancement, none of which function as a standalone service or other software package and which do not have an additional cost for any existing Licensee. 
  1. “Upgrade” means a major, standalone version of Product, which may include additional applications, features, or functionality. 
  1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors and permitted assigns. 

 

  1. Words in the singular shall include the plural and vice versa. 

 

  1. A reference to one gender shall include a reference to the other genders. 

 

  1. A reference to a statute, statutory provision or subordinate legislation is a reference to it as it is in force from time to time, taking account of any amendment or reenactment and includes any statute, statutory provision or subordinate legislation which it amends or re-enacts; provided that, as between the Parties, no such amendment or re-enactment shall apply for the purposes of this Agreement to the extent that it would impose any new or extended obligation, liability or restriction on, or otherwise adversely affect the rights of, any Party. 

 

  1. A reference to writing or written includes e-mail. 
  1. Any obligation in this Agreement on a person not to do something includes an obligation not to agree or allow that thing to be done. 
  1. Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shaU be construed as illustrative and shall not limit the sense of the wor s preceding those terms. 
  1. References to articles, sections, or clauses are to the articles, sections, and clauses of this Agreement. 

 

  1. ‘We”, “us”, and “our”, means BG SPIRIT LLC.