SECTION 1 – TRADEMARKS AND COPYRIGHTS
This website is copyrighted in its entirety and its contents are covered by U.S. and International copyright laws. Individuals may print one copy of individual pages for personal use, but otherwise, no portion of this website may be reproduced or duplicated in any manner without the express written consent of Land Design Technologies, LLC.
SECTION 2 – TERMS OF SALE
All sales are final and no returns are accepted. The product will be delivered solely in electronic form. It will not be provided to the customer in a tangible form. Software is prepaid using credit card payment methods and may then be downloaded from our server with details transmitted via email. We do not accept returns after your order has been processed unless there is an error on our part and we do not sell software on a trial basis.
SECTION 3 – END USER LICENSE AGREEMENT (EULA)
By receiving, opening the file package, and/or using BMP Optimizer (“Software”) containing this software, you agree that this End User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Land Design Technologies, LLC your use of BMP Optimizer indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Land Design Technologies, LLC grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use BMP Optimizer in accordance with this Agreement and any other written agreement with Land Design Technologies, LLC. Land Design Technologies, LLC does not transfer the title of BMP Optimizer to you; this software is licensed, not sold. The end user may use the software as is and is not entitled to and updated versions. This agreement is a binding legal agreement between Land Design Technologies, LLC and the purchasers or users of BMP Optimizer. This agreement only gives you some rights to use the software. Land Design Technologies, LLC reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
• publish the software for others to copy;
• rent, lease or lend the software;
• transfer the software or this agreement to any third party; or
• use the software for commercial software hosting services.
If you do not agree to be bound by this agreement, remove BMP Optimizer from your computer now.
BMP Optimizer and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of BMP Optimizer, contact Land Design Technologies, LLC.
3. USER AGREEMENT
Your license to use BMP Optimizer is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of BMP Optimizer.
3.2 Use Restrictions
You shall use BMP Optimizer in compliance with all applicable laws and not for any unlawful purpose.
Each licensed copy of BMP Optimizer may be used on one single computer location by one user. Use of BMP Optimizer means that you have loaded, installed, or run BMP Optimizer on a computer or similar device.
You may make one copy of BMP Optimizer for backup purposes, providing you only have one copy installed on one computer. Assignment, sublicense, networking, sale, or distribution of copies of BMP Optimizer is strictly forbidden without the prior written consent of Land Design Technologies, LLC. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of BMP Optimizer.
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile BMP Optimizer. Nor can you create any derivative works or other works that are based upon or derived from BMP Optimizer in whole or in part.
Land Design Technologies, LLC’s name, logo and graphics file that represents BMP Optimizer shall not be used in any way to promote other products, or designs developed with BMP Optimizer. Land Design Technologies, LLC retains sole and exclusive ownership of all rights, title and interest in and to BMP Optimizer and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of BMP Optimizer, products and services. No program, code, part, image, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Land Design Technologies, LLC.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Land Design Technologies, LLC, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Land Design Technologies, LLC’s Software.
In no event (including, without limitation, in the event of negligence) will Land Design Technologies, LLC, its employees, agents or distributors be liable for any consequential, incidental, 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, BMP Optimizer or the use or inability to use BMP Optimizer or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Except as expressly stated in writing, Land Design Technologies, LLC makes no representation or warranties in respect to this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the laws of the Commonwealth of Virginia and the United States applicable therein. You hereby irrevocably recognize and submit to the non-exclusive jurisdiction of the courts therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of BMP Optimizer and destroy all copies of BMP Optimizer supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
This software and the accompanying files are sold “as is” and without warranties as to perfomance or merchantability or any other warranties whether expressed or implied. This disclaimer concerns all files generated and edited by BMP Optimizer.
5. CONSENT OF USE OF DATA
You agree that Land Design Technologies, LLC may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to BMP Optimizer. Land Design Technologies, LLC may also use this information to provide notices to you which may be of use or interest to you.
SECTION 4 – SOLE SOURCE STATEMENT
Land Design Technologies, LLC is the designer, developer, and sole manufacturer of any software sold from this website, including the BMP Optimizer suite of products. While referrals may come through others, all sales must come through Land Design Technologies, LLC.
SECTION 5 – ACCURACY OF INFORMATION
To the best of our knowledge, the accuracy contained on this website is accurate, but is not guaranteed to be accurate or complete and is subject to revision at any time and without notice. Please refer to the respective software license(s) for additional information on accuracy and timeliness.