End user agreement for Bug Trail WorkGroup(10 seat)
Osmosys Bug Trail END USER LICENSE AGREEMENT
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND OSMOSYS. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN SELECT THE "CANCEL" BUTTON, DO NOT INSTALL OR USE THE SOFTWARE.
(b) "Osmosys" means Osmosys and its suppliers and licensors, if any.
(c) "Not For Resale (NFR) Version" means a version of the Software, so identified, to be used to review and evaluate the Software, only.
(d) "Software" means the Bug Trail Ver 1.0 software program supplied by Osmosys herewith, which may also include documentation, associated media, printed materials, and online and electronic documentation.
This EULA allows you to:
(a) Installation and Use of the software. You may install and use the SOFTWARE for an unlimited time period.
(b) Reproduction and Distribution. You may not reproduce and distribute any copies of the SOFTWARE; You are allowed to make one copy of the software for your backup purposes under the condition that such a copy is not distributed.
3. LICENSE RESTRICTIONS
(a) You may not decompile, reverse engineer, disassemble, or otherwise modify the Software in any manner.
(b) You may not rent, lease, or sublicense the Software.
(c) You may not transfer your rights under this EULA.
(d) You may not modify the Software or create derivative works based upon the Software.
(e) You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
(g) In the event that you fail to comply with this EULA, Osmosys may terminate the license and you must destroy all copies of the Software.
The foregoing license gives you limited license to use the Software. Osmosys and its suppliers retain all right, title and interest, including all copyrights, in and to the Software and all copies thereof. All rights not specifically granted in this EULA, including International Copyrights, are reserved by Osmosys and its suppliers.
5. LIMITED WARRANTY
Osmosys reserves the rights to change the EULA without prior warning or notice.
Osmosys does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted, error-free or free from malicious code. For purposes of this paragraph, "malicious code" means any program code designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer system, or computer network, including viruses, Trojan horses, droppers, worms, logic bombs, and the like.
EXCEPT AS STATED ABOVE IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Further, Osmosys shall not be liable for the accuracy of any information provided by Osmosys or third-party technical support personnel, or any damages caused, either directly or indirectly, by acts taken or omissions made by you as a result of such technical support.
You assume full responsibility for the selection of the Software to achieve your intended results, and for the installation, use and results obtained from the Software. You also assume the entire risk as it applies to the quality and performance of the Software. Should the Software prove defective, you (and not Osmosys, or its distributors or dealers) assume the entire cost of all necessary servicing, repair or correction.
(a) LIMITED WARRANTY. Osmosys warrants that: when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software
(b) TIME-RESTRICTED WARRANTY. Bug Trail is commercial software. And Osmosys NEVER claim to charge nothing for Bug Trail forever. Extended Trial Usage may terminate without notice.
(c) NO OTHER WARRANTY. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, OSMOSYS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, OR OTHERWISE INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NONINFRINGEMENT, TITLE OR QUIET ENJOYMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OSMOSYS, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
6. LIMITATION OF LIABILITY
(a) NEITHER OSMOSYS NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS, INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THIS EULA BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF OSMOSYS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) OSMOSYS'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF THE PRODUCT PRICE OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
(c) LIMITATION OF USAGE TIME. BUG TRAIL IS COMMERCIAL SOFTWARE. AND OSMOSYS NEVER CLAIM TO CHARGE NOTHING FOR ITS PRODUCT FOREVER. EXTENDED TRIAL USAGE MAY TERMINATE WITHOUT NOTICE.
7. BASIS OF BARGAIN
The Limited Warranty, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between OSMOSYS and you. OSMOSYS would not be able to provide the Software on an economic basis without such limitations.
8. GENERAL PROVISIONS
This EULA shall be governed by the international laws, without giving effect to principles of conflict of laws. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this EULA shall be directed to: sales@OSMOSYS.com <mailto:sales@OSMOSYS.com>.
9. TRADEMARKS AND DISCLAIMERS
Bug Trail is a trademarks, certification marks, service marks, or other trade dress of OSMOSYS or its subsidiaries. OSMOSYS's trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not OSMOSYS's, in any manner without OSMOSYS's permission. All other trademarks not owned by OSMOSYS or its subsidiaries that appear on this document are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by OSMOSYS or its subsidiaries.
THE FOREGOING LIMITED WARRANTY STATES THE SOLE AND EXCLUSIVE REMEDIES FOR OSMOSYS's OR ITS SUPPLIER’S BREACH OF WARRANTY. OSMOSYS AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, OSMOSYS AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.