eCorral

eCorralTM License Agreement

1. WELCOME!

Thank you for using eCorralTM software brought to you by Big Horizon Software, LLC (“Big Horizon Software”). We hope that you find eCorralTM a helpful way to organize your computer and the many resources available to it both locally and via the Internet.

2. ACCEPTANCE OF TERMS:

Please review this Agreement and indicate your acceptance or rejection of its terms at the end. If you agree to the terms, you can proceed to the installation of the software. If you do not want to be bound by this Agreement, please so indicate, cease all use of the software, and return the software immediately.

3. DESCRIPTION OF eCorralTM SOFTWARE:

eCorralTM is a software product designed to permit individuals and small businesses to create their own personalized pages. The technology permits you to put on a single page or on multiple pages, information of most interest to you including information available from the Internet/Web, information from your own computer and information content available via eCorralTM. Certain content (such as weather and RSS feeds) are provided directly via eCorralTM. Materials from these sources may be included on your personal, customized pages Inclusion of materials from other Web sources may be prohibited or limited by agreement or other provisions of law. If you incorporate any of those materials on your customized pages, you do so at your own risk, and Big Horizon Software will not be responsible for any liability.

4. BACKGROUND OF THE SOFTWARE:

eCorralTM software represents the fourth generation of portal interface technology allowing a computer user to customize the content and presentation of selected information on a computer screen. It has been tested in user groups for stability, installation and ease of use prior to its commercial release. Nevertheless, the program may not be completely free of all bugs. Its stability may depend on the nature of your connection with the Internet, particularly where Internet access involves public networked environments.

5. YOUR REGISTRATION OBLIGATIONS:

As part of your original installation and use of eCorralTM software you registered on-line at Big Horizon Software’s Web site directly or through a third-party distributor. The Internet connection will also enable you to receive fixes, enhancements, updates or new features that may be made available from time-to-time for existing licensees. In consideration for your right to use eCorralTM, you agree: (a) to register; (b) to provide true, accurate, current and complete information about yourself as prompted by eCorralTM or its distributor and (c) to maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Big Horizon Software has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Big Horizon Software has the right to suspend or terminate your license and to refuse any and all current or future use of eCorralTM (or any portion thereof).
You created/received a password and user name during the registration process. You are responsible for maintaining the confidentiality of the password and user name, and are fully responsible for all activities that occur under your password and user name. You agree to immediately notify Big Horizon Software of any unauthorized use of your password or account or any other breach of security. Big Horizon Software cannot and will not be liable for any loss or damage arising from your failure to do so.
6. SYSTEM REQUIREMENTS:

You will be provided with the download instructions to obtain eCorralTM software. During installation the software will be loaded to the hard drive of your computer. To provide best results, the hardware you use should have at least the minimum system requirements as specified at http://www.bighorizonsoftware.com/bighorizonsoftware/requirements.aspx. If your system does not meet those requirements, Big Horizon Software cannot be responsible for problems you may encounter with performance of the eCorralTM software and may be unable to supply you with “help” services that would resolve those performance issues Also, you will need to supply your own Internet access to register and download the software and to acquire additional content. You understand that the technical processing and transmission of eCorralTM, including your content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please note that even if you comply with minimum system requirements, there is no promise or guarantee that eCorralTM will be stable on that system or with the content, programs, browsers and other variables of that system.

7. PRIVACY:

Registration data and other information about you are subject to our http://www.bighorizonsoftware.com/bighorizonsoftware/privacy.aspx. Please note that the personal content you select from your own data and program sources and incorporate into your own screen interface using eCorralTM will not be “uploaded” to Big Horizon Software; it will remain on your computer. By accepting this agreement and registering, you authorize Big Horizon Software to send communications to you via e-mail to assist in updating, fixing or otherwise assisting the efficient use of eCorralTM

Unless you separately consent, Big Horizon Software will not use your name or identity for future marketing purposes. However, you agree that information you provide regarding your use of eCorralTM may be summarized for marketing or other commercial purposes or quoted without attribution to you in Big Horizon Software’s marketing efforts.

8. RESPONSIBILITIES:
You are responsible for obtaining external communication access for eCorralTM, and that access may involve third party fees (such as Internet or phone line charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary for those external communications
The selection of content from your own sources or providers including eCorralTM is yours. You are responsible for complying with any laws relating to such access including, for example, any minimum age laws relating to adult content.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you, and not eCorralTM, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via eCorralTM. eCorral TM does not control the content available through eCorralTM and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using eCorralTM software, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Big Horizon Software be liable in any way for any content, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via eCorral TM
You acknowledge that eCorralTM does not pre-screen content, but that Big Horizon Software and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move or remove any content that is available via eCorral TM You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Your correspondence or business dealings with, or participation in promotions of content providers available through eCorral, including payment and delivery of related goods, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such content provider. You agree that eCorral shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on eCorral.

If you intend to receive or request any news, messages, alerts or other information from eCorralTM or other content providers concerning companies, stock quotes, investments or securities, please read and note the provisions of paragraphs 12 and 13. The content is provided for informational purposes only, and no content provided through eCorralTM is intended for trading or investing purposes. Big Horizon Software and its content providers shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via eCorral TM or other sources, and shall not be responsible or liable for any trading or investment decisions made based on such information.

Big Horizon Software does not supply, endorse, approve, authorize or monitor the use of on-line file sharing capabilities that allow the reproduction of copyrighted materials without compensation to the copyright owners. Any use of the eCorralTM Software to access or to use such capabilities is done so at your own risk, responsibility and liability.

9. OWNERSHIP AND PROPRIETARY RIGHTS:

You acknowledge and agree that at all times Big Horizon Software retains title and ownership of the eCorralTM software including the copy that is provided to you subject to this license. You also acknowledge and agree that eCorralTM contains proprietary and confidential information that is protected by applicable intellectual property (for example, patents, trademarks, copyrights and trade secrets) and other legal rights of Big Horizon Software You further acknowledge and agree that content provided via eCorral TM may also be the subject of copyrights, trademarks, patents or other proprietary rights and laws of others. Except as expressly authorized by Big Horizon Software or eCorralTM content providers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based in whole or in part on the eCorralTM software or its associated content.

10. LICENSE AND LIMITATIONS

Big Horizon Software grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software. Any modifications or suggestions proposed by you to Big Horizon Software at any time shall be and are the exclusive property of Big Horizon Software. You agree not to access eCorralTM by any means other than through the interface that is provided by eCorralTM for use in accessing eCorralTM.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of eCorralTM, use of eCorralTM, or access to eCorralTM or cooperate with or assist any other person or entity in doing so.

“Big Horizon” and “eCorral” are trade names and trademarks of Big Horizon Software. You agree not to display or use “Big Horizon” or “eCorralTM” in any manner without Big Horizon Software’s prior written permission.

11. ACCESS/MODIFICATIONS TO eCorralTM /TERMINATION:

Big Horizon Software reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, eCorralTM (or any part thereof) with or without notice. You agree that Big Horizon Software shall not be liable to you or to any third party for any modification, suspension or discontinuance of eCorralTM.

You agree that Big Horizon Software, in its sole discretion, may terminate your password, account (or any part thereof) or use of eCorralTM, for any reason, including, without limitation, if Big Horizon Software believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to eCorralTM under any provision of this Agreement may be effected without prior notice. Upon termination of the license granted herein by Big Horizon Software and upon its request, you shall immediately return the eCorralTM software and shall not retain any copies of all or any portion of the software thereafter. Further, you agree that Big Horizon Software shall not be liable to you or any third-party for any termination of your access to eCorralTM.

You agree that Big Horizon Software has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by eCorralTM.

12. DISCLAIMER OF WARRANTIES:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A. eCorralTM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. BIG HORIZON SOFTWARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITAT ION, ANY IMPLIED WARRANTIES OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT.

B. BIG HORIZON SOFTWARE MAKES NO WARRANTY THAT (I) eCorralTM WILL MEET YOUR REQUIREMENTS; (II) THE eCorralTM SOFTWARE WILL BE USABLE UNINTERRUP TED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF eCorralTM WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH eCorralTM WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF eCorralTM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM eCorralTM OR THROUGH OR FROM eCorralTM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

13. LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIG HORIZON SOFTWARE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROF ITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIG HORIZON SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE eCorralTM ; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM eCorralTM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON eCorralTM; OR (V) ANY OTHER MATTER RELATING TO eCorralTM
14. GENERAL PROVISIONS:

This Agreement constitutes the entire agreement between you and Big Horizon Software regarding eCorralTM and governs its use by you and supersedes any and all prior or contemporaneous promises, understandings or agreements written or oral between you and Big Horizon Software. No modifications, amendments, additions or changes to this Agreement will be effective unless evidenced in writing and accepted by both you and Big Horizon Software. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. This Agreement and the relationship between you and Big Horizon Software shall be governed by the laws of the State of Montana without regard to its conflict of laws provisions. You and Big Horizon Software agree to submit to the personal and exclusive jurisdiction of the courts (state and/or federal) located within the county of Missoula, Montana. The failure of Big Horizon Software to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any subsequent breach of the right or provision or of such right or provision itself. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties` intentions as reflected in the provision, and the other provisions of the this Agreement remain in full force and effect.

Please indicate that you accept or reject the terms of this License Agreement by pressing the appropriate button below.