Randall Karasek Binary Code License Agreement for the BEER MAGAZINE VIEWER ELECTRONIC ARCHIVE RANDALL KARASEK ("RK") IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS, DO NOT INSTALL ANY ARCHIVE CONTENT. 1.DEFINITIONS. "Archive" means the identified above in binary form, any other machine readable materials (including, but not limited to, the viewer.jar class package, HTML help files, generated binary search files, ASCII text or binary data files, and all scanned JPG/BMV image files). This includes any incremental or error correction partial releases. 2.LICENSE TO USE. Subject to the terms and conditions of this Agreement, Randall Karasek grants you a non-exclusive, non-transferable, limited single user license to use or reproduce for personal usage only, provided the archive remains complete and unmodified. Multiple backup copies are allowed, as well as multiple installations to other media (e.g. computer hard drive or other data repository), as long as the Archive remains used only by the current owner of the package. 3.RESTRICTIONS. Archive contains copyrighted material. Title to Archive and all associated intellectual property rights is retained by their owners. Specifically, Randall Karasek retains all rights to the Beer Magazine viewer application, generated search and data files, and all scanned or original JPG/BMV images. The Rusty Bunch Chapter of the BCCA retains all copyright of Rustlings magazine content. The Brewery Collectibles Club of America retains all copyright of Beer Cans Monthly, Brewery Collectibles, and Beer Cans and Brewery Collectibles. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Archive. 4.LIMITED WARRANTY. Archive is provided "AS IS", with no guarantee to be free of defects in materials or workmanship. If there are defects with the distributed media, Randall Karasek or other members of the Rusty Bunch Chapter may provide replacement media with Archive, but no rights or guarantee of refund of any fees paid for Archive. 5.DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 6.LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL RANDALL KARASEK, THE RUSTY BUNCH CHAPTER, THE BCCA, OR ITS MEMBERS/OFFICERS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE ARCHIVE. 7.ARCHIVE UPDATES. Periodically new versions of Archive may be made available, in full or in part. You acknowledge that consent to install Archive updates, in full or in part, indicates acceptance of this full license agreement. 8.TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies, physical and electronic, of Archive. This Agreement will terminate immediately without notice from Randall Karasek if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Archive become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies, physical and electronic, of Archive. 9.EXPORT REGULATIONS. All Archive and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you. 10.GOVERNING LAW. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. 11.SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. 12.INTEGRATION. This Agreement is the entire agreement between you and Randall Karasek relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. For inquiries please contact: Randall Karasek or a Rusty Bunch Chapter officer (www.mbcinfo.com, www.therustybunch.com) Last updated: May 26, 2024