End user agreement for Business Kit
IMPORTANT: READ CAREFULLY
Be sure to carefully read and understand all of the rights and restrictions described in this End-User License Agreement ("EULA"). Installation or/and use of the product constitutes your acceptance of these terms and conditions and your agreement to abide by them.
Business Kit, hereinafter referred to as SOFTWARE, is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
This EULA is a legal agreement between you (either an individual or a single entity) and Joseph Ogunbiyi, the Author of The SOFTWARE accompanying this EULA, which includes the accompanying computer software, and may include associated media, printed materials and any "online" or electronic documentation ("SOFTWARE"). By installing the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install or use the SOFTWARE.
SOFTWARE PRODUCT LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE
Each individual user, company, agency or institution that uses this SOFTWARE have to pay the license, one per each computer on which the program is used.
Licensed user will receive unique identification number (user code) which will be embedded in each protected program together with user personal data (First name and Last name or Company name).
This EULA grants you the following rights:
- Software: You may install, use, access, display, run, or otherwise interact with ("RUN") one copy of the SOFTWARE, on a single computer, workstation, terminal, hand-held PC, pager, "smart phone," or other digital electronic device ("COMPUTER").
- Reservation of Rights: All rights not expressly granted are reserved by the Author.
- You must maintain all copyright notices on all copies of the SOFTWARE.
- Limitations of Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE.
- Rental. You may not rent or lease or lend the SOFTWARE.
- Software Transfer to another party. You may permanently transfer all of your rights under this EULA one time, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity) and the recipient agrees to the terms of this EULA. Please note that software will still hold original license owner (your) identification information. New license will be required in case new license owner requires this information to be changed.
- Support Services. The Author may provide you with support services related to the SOFTWARE ("Support Services"), in its discretion. Use of Support Services, if any, is governed by the Author's policies and programs described in the user manual, in "online" documentation, and/or other Author-provided materials. Any supplemental software code provided to you as a part of Support Services shall be considered part of the SOFTWARE and subject to the terms of this EULA. With respect to technical information you provide to the Author as part of the Support Services, the Author may use such information for its business purposes, including for product support and development. Author will not utilize such technical information in a form that personally identifies you except to the extent necessary to provide you with support.
- Replacement, Modification and Upgrade of the Software. The Author reserves the right to replace, modify or upgrade the SOFTWARE at any time by offering you a replacement or modified version of the SOFTWARE or such upgrade and to charge for such replacement, modification or upgrade. Software replacements, modifications and upgrades are governed by the Author's policies and programs described in the user manual, in "online" documentation, and/or other materials. Any such replacement or modified software code or upgrade to the SOFTWARE offered to you by the Author shall be considered part of the SOFTWARE and subject to the terms of this EULA (unless this EULA is superceded by a further EULA accompanying such replacement or modified version of or upgrade to the SOFTWARE). In the event that the Author offers a replacement or modified version of or any upgrade to the SOFTWARE, (a) your continued use of the SOFTWARE is conditioned to your acceptance of such replacement or modified version of or upgrade to the SOFTWARE and any accompanying superceding EULA and (b) in the case of the replacement or modified SOFTWARE, your use of all prior versions of the SOFTWARE is terminated.
- Trial (DEMO) version: You may use DEMO version of SOFTWARE for evaluation purposes only and for 30 days or specific number of days as may be stipulated in the documentation. No files generated with SOFTWARE during this period may be distributed to other users, commercially or non-commercially. After this evaluation period you must either pay for a licensed copy of SOFTWARE or stop using DEMO version.
Without prejudice to any other rights, the Author may terminate this EULA if you fail to comply with the terms and conditions of this EULA. Author may terminate this EULA by offering you a superceding EULA for the SOFTWARE or any replacement or modified version of or upgrade to the SOFTWARE and conditioning your continued use of the SOFTWARE or such replacement, modified or upgraded version on your acceptance of such superceding EULA. In addition, the Author may terminate this EULA by notifying you that your continued use of the SOFTWARE is prohibited. In such event, you must immediately stop using the SOFTWARE and destroy all copies of the SOFTWARE and all of its component parts.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by the respective content owner. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE contains documentation which is provided only in electronic form, you may print a copy of such electronic documentation for your personal use. You may not copy the printed materials accompanying the SOFTWARE.
5. DISCLAIMER OF WARRANTIES
THE AUTHOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
6. EXCLUSION OF ALL DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AUTHOR OR HIS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE AUTHOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7. LIMITATION AND RELEASE OF LIABILITY
To the full extent allowed by law, YOU HEREBY RELEASE THE AUTHOR AND HIS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept the SOFTWARE under the terms of this EULA, do not install the SOFTWARE.
Should you have any questions, or if you desire to contact the Author for any reason, please use the feedback form available online at http://www.josytal.com/support.php