Legal

End User License Agreement

Where Have I Been, published by Bleat Inc.

This copy of Where Have I Been ("the Software Product") and its accompanying documentation is licensed, not sold. The Software Product is protected by copyright and other intellectual property laws and treaties. Bleat Inc., along with its subsidiaries, affiliates, and suppliers (collectively "Bleat"), owns the intellectual property rights in the Software Product. Your ("Licensee," "you," or "your") license to download and use the Software Product is subject to those rights and to all terms and conditions of this Agreement.

Acceptance

You accept and agree to be bound by this Agreement by downloading, installing, or using the Software Product. If you do not agree to all of these terms, you must not install or use it. Use of this Software Product by children under the age of 13 is prohibited.

License grant

This Agreement entitles you to install and use one copy of the Software Product. It does not permit installing or using multiple copies, installing on more than one device at a time, using it on a system that allows shared use of applications, on a multi-user network, or on any configuration that allows multiple users. Multiple use or installation requires a separate licensing agreement for each user and each copy.

Restrictions on transfer

Without Bleat's express written consent, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.

Restrictions on use

You may not use, copy, or install the Software Product on any system with more than one device, or permit its use, copying, or installation by more than one user or on more than one device. If you hold multiple validly licensed copies, you may not exceed the number of devices or users permitted by license. You may not decompile, reverse-engineer, disassemble, or otherwise attempt to derive the source code, and may not use the database portion of the Software Product with any other software.

Restrictions on alteration

You may not modify the Software Product or create derivative works of it or its documentation, including translations. You may not alter any files or libraries within it, or reproduce the database portion or create tables or reports relating to it.

Restrictions on copying

You may not copy any part of the Software Product, except to the extent that licensed use inherently requires a temporary copy stored in device memory that is not permanently affixed to a storage medium.

Disclaimer of warranties and limitation of liability

Unless otherwise explicitly agreed in writing by Bleat, Bleat makes no other warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose, beyond what's set out in this Agreement or in any limited warranty documents provided with the Software Product.

Bleat does not warrant that the Software Product will meet your requirements or operate under your specific conditions of use, or that its operation will be secure, error-free, or uninterrupted. You are responsible for determining whether it sufficiently meets your requirements, and bear sole responsibility for any loss from its failure to do so. Bleat will not be responsible for loss of data on any device. Under no circumstances shall Bleat, its directors, officers, employees, or agents be liable for indirect, consequential, special, incidental, punitive, or exemplary damages of any kind — including lost revenue or profits, or loss of business — arising from this Agreement or from the Software Product's furnishing, performance, installation, or use, whether from breach of contract, breach of warranty, or negligence, even if advised of the possibility of such damages. Where applicable law limits this disclaimer, it applies to the maximum extent permitted.

Limitation of remedies and damages

Any claim must be made within the applicable warranty period. Warranties cover only defects arising under normal use, and exclude malfunctions from misuse, abuse, neglect, alteration, power issues, acts of nature, unusual temperature or humidity, improper installation, or damage Bleat determines was caused by you. All limited warranties are granted only to you and are non-transferable. You agree to indemnify and hold Bleat harmless from claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement or your acts or omissions.

Governing law, jurisdiction, and costs

This Agreement is governed by the laws of Massachusetts, without regard to its conflict-of-law provisions.

Severability

If any provision of this Agreement is held invalid or unenforceable, the remainder stays in full force and effect. Where any express or implied restriction isn't permitted by applicable law, it remains in force to the maximum extent that law allows.

Your remedy for breach of this Agreement or any included warranty is correction or replacement of the Software Product, at Bleat's discretion; Bleat may substitute a functionally equivalent copy. If Bleat is unable to provide a replacement, substitute, or correction, your sole alternate remedy is a refund of the purchase price, excluding shipping and handling.