Thank you for visiting BluSkySoftware.com (the “Site”). By visiting and using this Site and using any of the services available, you agree to the following terms and conditions.
This Site and any software created by BluSky (the “Software”) contains copyrighted material, trade secrets and other proprietary and confidential material that is protected by applicable intellectual property rights and other laws and treaties. Subject to the terms and conditions of this Agreement, BluSky grants to you a limited, non-transferable and non-exclusive right and license to download and use the Software made available to you through the Site. You shall not directly, and shall not attempt to allow or assist any third party to, modify, reverse engineer, disassemble or decompile the Software, nor shall you create any derivative works or other works that are based upon or derived from the Software or any of the Services in whole or in part. BluSky retains sole and exclusive ownership of all right, title and interest in and to the Software provided through the Site and all Intellectual Property rights relating thereto including without limitation BluSky’s name, any BluSky logos and graphic files that represents the Software provided through the Site. You further agree not to remove, obscure, or alter any BluSky or any third-party copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software or the Site. Copyright law and international copyright treaty provisions protect all parts of the Software available through the Site. No program, code, part, image, or text may be copied or used in any way by you except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for BluSky.
Information on this Site may contain technical inaccuracies or typographical errors although BluSky will make commercially reasonable efforts to maintain and review all its content. Information and/or products available on this Site may be changed or updated at any time without notice to you. You will indemnify, hold harmless, and defend BluSky, its employees, directors, officers, and authorized agents against any and all claims, proceedings, demand and costs (including litigation costs and attorneys’ fees) resulting from or in any way connected with your use of this Site, your use of the Software, or your breach of any of the terms and conditions of this Agreement. In no event (including, without limitation, in the event of negligence) will BluSky, its employees, directors, officers, or authorized agents be liable for any actual, consequential, incidental, direct, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, or the use or inability to use this SITE, or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence, EVEN IF BluSky IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR USE OF THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES EXCEPT AS OTHERWISE SPECIFIED HEREIN. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLUSKY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BLUSKY DOES NOT WARRANT THAT (I) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER RELATERD MATERIALS PROVIDED OR OFFERED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (IV) ANY ERRORS IN THE SITE WILL BE CORRECTED.
ANY FILES AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH FILES AND CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLUSKY, THROUGH THE SITE, OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
This Agreement shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom. The failure of BluSky to exercise or enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect BluSky’s ability to enforce each and every such provision thereafter. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any other provisions.
BluSky reserves the right to amend the terms and conditions of this Agreement at any time. Notification of any changes will appear in a prominent location on the Site. Your accessing of the Site and continued use of the Site constitutes your acknowledgement and acceptance of any modified terms to the Agreement.
This Agreement (including any policies, guidelines or amendments that may be presented to your from time to time) constitute the entire agreement between you and BluSky and govern your use of the Site, superseding any prior agreements between you and BluSky. You also may be subject to additional terms and conditions that may apply when you use any other current or future products and/or services made available through the Site.
Should you have any questions concerning this Agreement, or if you desire to contact BluSky Software. for any reason, please contact us by email: email@example.com
Microsoft®, Windows®, Windows® NT and/or other Microsoft® products referenced herein are either trademarks or registered trademarks of Microsoft® Corporation. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
This site is not associated with Microsoft Corporation in any way.