Download Backpack 2.5 User Manual

Blackboard Backpack User Manual
4. REVERSE ENGINEERING. You shall not, nor permit anyone else to, directly or indirectly, adapt or
otherwise modify, create any derivative work, or decompile, disassemble, reverse engineer, or
otherwise attempt to derive any source code from, the Software Product (or any portion thereof).
5. RENTAL. You do not have the right to publicly demonstrate, rent, lease, loan, resell, use for time
sharing or service bureau purposes, or sublicense the Software Product (or any portion thereof), or to
otherwise provide any third party with access to and the opportunity to use or exploit the Software
Product.
6. SUPPORT SERVICES. Blackboard may, at its sole discretion, provide You with support services
relating to the Software Product (collectively, "Support Services"). Your use of any such Support
Services shall be subject to Blackboard's applicable policies and programs described in the End User
Guide for the Software Product, in "online" documentation (if any), and/or in other such materials
published by Blackboard. Any supplemental computer software (if any) provided by Blackboard as part
of its Support Services shall be considered part of the Software Product for all intents and purposes
and shall be governed by the provisions of this EULA.
7. UPGRADES. Blackboard may from time to time, at its sole discretion, make an upgrade or other
such revised version of the Software Product (an "Upgrade") available and notify You of the applicable
terms and conditions for receiving any such Upgrade, which may require You to return certain
components of the Software Product prior to receiving the subject Upgrade. After installing the
Upgrade, you may no longer use the original software that formed the basis for your upgrade
eligibility, except as part of the upgraded software.
8. COMPONENT PARTS. The Software Product is licensed for use as a single product, and the
component parts of the Software Product may not be separated for use in any other application(s) or
for use on more than one computer.
9. THIRD PARTY INTELLECTUAL PROPERTY. You acknowledge that the Software Product may utilize
software, trademarks and/or content made available to Blackboard by third parties (“Third Party IP”),
including, without limitation, registered and unregistered trademarks owned by Agilix Labs Inc.
(“Agilix Marks”). Pursuant to its agreements with these third parties, Blackboard hereby grants to You
a non-exclusive, nontransferable, nonsublicensable license to load and/or operate and use the Third
Party IP solely in connection with Your own use of the Software Product. To the extent that any
content is included or provided in the Third Party IP, such as Agilix Marks, the use of such content
may be subject to additional terms and restrictions that shall be described in the Documentation,
made available through the Software Product, or otherwise provided to You by Blackboard or Agilix
Labs, Inc. Agilix Labs, Inc. is an intended third party beneficiary of this EULA.
10. NON-ASSIGNMENT. You may not assign or otherwise transfer the copy of the Software Product
provided by You hereunder or any of your rights or obligations under this EULA.
11. TERMINATION. In the event that you fail to comply with the terms and conditions of this EULA, the
license granted hereunder will automatically terminate (with all other rights of both parties and all
other provisions of this EULA surviving any such termination). You will be required to return or
destroy, at Blackboard’s option, the Software Product in the event of termination of this EULA for any
reason.
12. NO WARRANTIES. THE SOFTWARE PRODUCT AND ANY UPGRADE THERETO IS/ARE PROVIDED TO
YOU ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND OR NATURE. BLACKBOARD AND ITS
LICENSORS MAKE, AND YOU RECEIVE, NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS,
AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SOFTWARE
PRODUCT AND ANY UPGRADE THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO
THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
BLACKBOARD AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND OR NATURE
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT AND/OR ANY
UPGRADE THERETO, EVEN IF BLACKBOARD OR ITS LICENSORS HAVE BEEN ADVISED OF THE
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