SAUSALITO BREWING CO. LICENSE AGREEMENT
ProMashTM License


If you agree with the terms and conditions of the following license, click on the I agree link at the bottom of this page and proceed to the download section. To go back to the ProMash WebSite click on the ProMash logo above.

PLEASE READ THIS LICENSE CAREFULLY. This document is an agreement between you, the user (hereinafter "You" or "licensee"), and The Sausalito Brewing Co., Inc. (HEREINAFTER "SBC"). BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU do not AGREE TO THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT (HEREINAFTER THE "AGREEMENT") AND DISCLAIMER OF WARRANTY WITH SBC, promptly return the unused software to the vendor from which you purchased it (RETURN to SBC if you purchased it directly from SBC) and your money will be refunded. This document contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. This document shall be governed by and construed in accordance with the laws of the State of California.

  1. GRANT OF LICENSE. In consideration of the payment of the license fee, which is the price you paid for SBC's ProMash software (hereinafter the "Software" and "Documentation"), SBCd, as Licensor, grants to you, the Licensee, a nonexclusive right to use to use and display the Software on only one computer at a time. You may not copy and distribute the ProMash application or Documentation.

  2. OWNERSHIP OF SOFTWARE. As a Licensor, SBC retains title and ownership of the ProMash Software and Documentation regardless of the form or media in or on which the original and other copies may exist. As the Licensee, you own the magnetic or other media on which the ProMash Software and Documentation is originally fixed. This License is not a sale of the of the copyright in the original ProMash Software and Documentation or any copy.

  3. USE RESTRICTIONS. You may not translate, reverse engineer, decompile or disassemble the Software.

  4. TERMINATION. This license is effective until terminated, and will terminate automatically and without notice from SBC if you fail to comply with any provision of this Agreement. Upon termination, you shall destroy the Software and Documentation, including modified copies if any.

  5. DISCLAIMER OF WARRANTY ON SOFTWARE AND LIMITATION ON LIABILITY. THIS SOFTWARE IS LICENSED "AS IS." SBC MAKES NO WARRANTIES EXCEPT FOR THE WARRANTIES SPECIFIED IN THIS AGREEMENT. SBC DISCLAIMS ALL OTHER EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND OF FITNESS FOR A PARTICULAR PURPOSE.

    SBC DISCLAIMS THE FITNESS FOR USE AND PARTICULAR PURPOSE AND COMPATIBILITY OF SOFTWARE AS MERGED OR INCORPORATED WITH OTHER SOFTWARE. IN ADDITION, SBC DISCLAIMS ALL LIABILITY AS WELL AS INCIDENTAL AND CONSEQUENTIAL DAMAGES WHICH MAY RESULT FROM THE SYSTEM AND/OR HARDWARE "CRASH" RESULTING FROM THE USE OF THE SOFTWARE.

    SBC's liability, if any, for loss or damages relating to or arising out of the license of the Software shall not exceed the charges paid by customer for the Software.

    THE ENTIRE RISK AS TO THE QUALITY, RESULTS AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SBC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

    This warranty gives you specific legal rights, but some states do not allow the limitation or exclusion of incidental or consequential damages, or limitations on the term of an implied warranty, so the above limitation or exclusion may not apply to you. You may also have other rights which vary from state to state.

  6. GOVERNMENT END USERS. If you are acquiring the Software and Documentation on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees:

    (i) if the Software and Documentation are supplied to the Department of Defense (DoD), the Software and Documentation are classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Software and Documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and

    (ii) if the Software and Documentation are supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the Software and Documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.

  7. COMPLETE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software and Documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of SBC.

  8. SEVERABILITY. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.


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