End User License Agreement

This copy of Alpine IQ ("the Software Product") and accompanying documentation is licensed and  not sold. This Software Product is protected by copyright laws and treaties, as well as laws and  treaties related to other forms of intellectual property. Granite Peak Distributing or its subsidiaries,  affiliates, and suppliers (collectively "Granite Peak") own intellectual property rights in the Software  Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software  Product is subject to these rights and to all the terms and conditions of this End User License  Agreement ("Agreement").  

  

Acceptance 

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT  BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. IF YOU DO  NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT  INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.  

  

License Grant 

This Agreement entitles you to install and use one copy of the Software Product. In addition, you  may make one archival copy of the Software Product. The archival copy must be on a storage  medium other than a hard drive, and may only be used for the reinstallation of the Software  Product. This Agreement does not permit the installation or use of multiple copies of the Software  Product, or the installation of the Software Product on more than one computer at any given time,  on a system that allows shared used of applications, on a multi-user network, or on any  configuration or system of computers that allows multiple users. Multiple copy use or installation is  only allowed if you obtain an appropriate licensing agreement for each user and each copy of the  Software Product. For further information regarding multiple copy licensing of the Software  Product, please contact:  

  

Representative: Granite Peak Distributing 

Address: 4028 Central Avenue, Billings, Montana 59106 

Phone Number: 4066615198 

E-mail Address: billings@granitepeakmt.com 

  

Restrictions on Transfer 

Without first obtaining the express written consent of Granite Peak, 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  computer, or permit the use, copying, or installation of the Software Product by more than one  user or on more than one computer. If you hold multiple, validly licensed copies, you may not use,  copy, or install the Software Product on any system with more than the number of computers  permitted by license, or permit the use, copying, or installation by more users, or on more  computers than the number permitted by license.  

You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the  source code for the Software Product.  

You may not use the database portion of the Software Product in connection with any software  other than the Software Product.  

Restrictions on Alteration 

You may not modify the Software Product or create any derivative work of the Software Product  or its accompanying documentation. Derivative works include but are not limited to translations.  You may not alter any files or libraries in any portion of the Software Product. You may not  reproduce the database portion or create any tables or reports relating to the database portion.    

Restrictions on Copying 

You may not copy any part of the Software Product except to the extent that licensed use  inherently demands the creation of a temporary copy stored in computer memory and not  permanently affixed on storage medium. You may make one archival copy which must be stored  on a medium other than a computer hard drive.  

Disclaimer of Warranties and Limitation of Liability 

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY GRANITE PEAK,  GRANITE PEAK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN  FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED  WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE  OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED  WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.    

Granite Peak makes no warranty that the Software Product will meet your requirements or  operate under your specific conditions of use. Granite Peak makes no warranty that operation of  the Software Product will be secure, error free, or free from interruption. YOU MUST  DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR  REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE  RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO  FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS.  GRANITE PEAK WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR  LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION  STORAGE DEVICE.  

UNDER NO CIRCUMSTANCES SHALL GRANITE PEAK, ITS DIRECTORS,  OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY  FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR  EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR  PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR  FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE  SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH  OF WARRANTY, OR THE NEGLIGENCE OF GRANITE PEAK OR ANY OTHER  PARTY, EVEN IF GRANITE PEAK IS ADVISED BEFOREHAND OF THE POSSIBILITY  OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION  LIMITS GRANITE PEAK'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES,  THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.    

Limitation of Remedies and Damages 

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the  correction or replacement of the Software Product. Selection of whether to correct or replace  shall be solely at the discretion of Granite Peak. Granite Peak reserves the right to substitute a  functionally equivalent copy of the Software Product as a replacement. If Granite Peak is unable to  provide a replacement or substitute Software Product or corrections to the Software Product,  your sole alternate remedy shall be a refund of the purchase price for the Software Product  exclusive of any costs for shipping and handling.  

Any claim must be made within the applicable warranty period. All warranties cover only defects  arising under normal use and do not include malfunctions or failure resulting from misuse, abuse,  neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or  humidity, improper installation, or damage determined by Granite Peak to have been caused by  you. All limited warranties on the Software Product are granted only to you and are non transferable. You agree to indemnify and hold Granite Peak harmless from all claims, judgments,  liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.    

Governing Law, Jurisdiction and Costs 

This Agreement is governed by the laws of Montana, without regard to Montana's conflict or  choice of law provisions.  

  

Severability 

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of  this Agreement shall remain in full force and effect. To the extent any express or implied restrictions  are not permitted by applicable laws, these express or implied restrictions shall remain in force and  effect to the maximum extent permitted by such applicable laws.