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BEER END USER LICENSE AGREEMENT
The Product contained in this Bottle is licensed, not sold, to You for use only under the terms of this license. The Licensor (Stone Brewing Co.) reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the Licensed Beer.
Scope of License: This license granted to You for the Licensed Beer by Licensor is limited to a non-transferable license to consume or serve the Licensed Beer. You may not lend, sell, auction, redistribute or sublicense the Licensed Beer. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the recipe of, modify, or create derivative works from the Licensed Beer, except for Your personal use in beer cocktails or beer cuisine. Any attempt to do so is a violation of the rights of the Licensor and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The Licensed Beer remains the property of Licensor until it has been consumed. The acceptance of the terms and conditions of this agreement does not confer to You any rights of ownership over the Licensed Beer.
Acceptance of License Agreement: By taking physical possession of this Bottle you you are consenting to be bound by and become a party to this agreement. If you do not agree to the terms of this license, you may receive a full refund by returning the unopened, unspoiled Bottle in person within fifteen days to the place where you obtained it.
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED BEER IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED BEER IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED BEER INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED BEER, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of five dollars ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Restrictions: You may not use or otherwise export or re-export the Licensed Beer except as authorized by United States law and the laws of the jurisdiction in which the Licensed Beer was obtained. In particular, but without limitation, the Licensed Beer may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Beer, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Licensed Beer for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical, or biological weapons.
The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed Beer. Your use of the Licensed Beer may also be subject to other local, state, national, or international laws.
