Terms and Conditions

Terms and Conditions

The Terms and Conditions of Use Agreement (the “Agreement”) is entered between the "User" and Byte Reconnaissance LLC (the "Provider") when in use of any of Byte Reconnaissance LLC software products (the "Software"). The term user as referred to in this Agreement (the "User") is any individual person, individual group, organization, entity, or Software whom gained access to the Software. The term software, as referred to in this Agreement (the "Software"), is the commercially understood definition of software including that which is used for (i) any website, web-application, software, software application, mobile application or similar technology; (ii) used in providing a product, service, item, application or other Media; (iii) packaged as a stand-alone, individual, or whole item; and (iv) as part of, a feature in, or included with any other type of software. The term "Software" as referred to in this Agreement, also includes, and extends to, all of its components in part or in whole: executables, source files, intermediate files and supporting files supplied by the provider. The term electronic media (the "Media") is referred to as any electronic method of access or distribution of information including: internet, software, firmware, freeware, application, or executable.

1. NO EXCLUSIVITY

The Software is available to the User for their personal and/or professional use with the limitations specified herein, during the time period specified in their software license. The User may NOT use the Provider's Software for the purpose of providing a similar type of Software without the expressed written consent of the Provider. The User acknowledges that (i) the Provider reserves all ownership rights in and to the Software; (ii) the User acquires no right, title, or interest in or to the Software; and (iii) nothing contained in this Agreement limits or restricts the Provider’s right to sell, license, or otherwise grant rights in and to the Software to third parties.

2. DISTRIBUTION

The Software is offered, licensed, and distributed via the internet and/or other electronic media approved by the Provider. The Software is made available to Users who have purchased, procured, or granted a license to the Software from the Provider. The Software may be distributed from the Provider directly or through a third-party distributor under contract with the Provider to do so.

3. LICENSING

The Software and its use licenses may be purchased, procured, or granted from the Provider or any of its contracted third-party distributors, and carry distinctive limitations as defined in the respective software product(s).

4. REPRESENTATIONS

The Provider hereby represents that:

(i) the Software has been prepared by the Provider and any copyright or intellectual property interest in or to the Software is owned by the Provider;

(ii) it owns all rights, titles, and interest in and to the Software and any documentation;

(iii) neither the Software nor the documentation thereof infringe or will infringe in the intellectual property rights or any other rights of any third party;

5. LIMITATION OF LIABILITY.

THIS SOFTWARE IS PROVIDED BY THE PROVIDER, COPYRIGHT HOLDERS, AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE PROVIDER, COPYRIGHT HOLDERS, AND CONTRIBUTORS BE LIABLE OR RESPONSIBLE FOR ANY TYPE OF INCIDENTAL, PUNITIVE, SPECIAL, FINANCIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE USE OF THE SOFTWARE. USE OF THE SOFTWARE IS AT THE DISCRETION OF THE USER AND THE INTERPRETATION AND USE OF ANY INFORMATION GAINED FROM THE SOFTWARE IS THE SOLE RESPONSIBILITY OF THE USER.

6. INTERRUPTION OF SERVICE.

Although the Provider will attempt to keep its software and web/internet services operational at all times, a certain amount of downtime and interruption of service is inevitable. The Provider is not responsible for any interruption of service to its software and web/internet services and is not liable for any consequences of interruption of its services, regardless of the cause.

7. SEVERABILITY.

Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.

8. ENTIRE AGREEMENT.

This Agreement constitutes the final, complete, and exclusive statement of the Terms and Conditions of Use with respect to the subject matter hereof, and supersedes any and all other prior and contemporaneous conditions, understandings, and agreements.