End user agreement for BlueMarket Pro
END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE USING THIS SOFTWARE.
NOTICE TO USER – BY RECEIVING AND/OR USING THIS RIA SOFTWARE CO (“RIA”) SOFTWARE YOU ACCEPT AND AGREE TO BE BOUND BY THE FOLLOWING USER AGREEMENT. THIS AGREEMENT IS A BINDING LEGAL AGREEMENT BETWEEN RIA AND THE PURCHASERS, USERS OR EVALUATORS (“YOU”) OF THIS SOFTWARE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, REMOVE THIS SOFTWARE FROM YOUR COMPUTER NOW AND, IF APPLICABLE, PROMPTLY RETURN TO RIA BY MAIL ANY COPIES OF THIS SOFTWARE AND RELATED DOCUMENTATION AND PACKAGING IN YOUR POSSESSION.
1. Definitions – “Software” means the computer software program that accompanies this Agreement and includes any available software user manuals, reference manuals and installation guides, or portions thereof, either in electronic or printed form, in any media whatsoever. “Use” of this Software means that You have loaded, installed, or run this Software on a computer or similar device. “Backup Copy” means one non-transferable copy of this Software created for archival purposes only that is not installed or Used on any computer or workstation (or number of users covered in a multi-user site license) except for back-up use during emergency situations. “Demo Version” means that You may use Demo Version of this Software without purchasing a license for an unlimited period, but with all restrictions that comes with this version, related to data transfer, file selection, and anything other than this.
2. User Agreement
2.1 Grant – Subject to the terms of this Agreement, RIA grants to You a limited, non-exclusive, non-transferable, worldwide license, without right to sub-license: to Use or demo the object code version of this Software in accordance with this Agreement and any other written agreement with RIA. RIA does not transfer title to this Software to You; the license granted to You is not a sale.
2.2 Demo Version Use -You may use this Software without purchasing a license (the “Demo Version”) as long as You use it with all its restrictions. You must purchase a license from RIA (or an authorized reseller or distributor) in order to use this Software with all its features. For more information about purchasing a license to use this Software, please contact RIA Software Co.
2.3 Activation of Software – Once You have purchased a license from RIA in order to use the Software with all its features, You may be required to activate the Software through the Internet. There are technological measures within the Software that are designed to prevent unlicensed use of the Software. RIA will use those measures to confirm You have a valid licensed copy of the Software. RIA will not collect any personally identifiable information from Your computer location or workstation during this process.
2.4 Demo Version Distribution – The Demo Version of this Software may be freely distributed, provided that: (a) such distribution includes only the original archive supplied by RIA. You may not alter, delete or add any files in the distribution archive or modify this Software in any way; (b) the limited demo nature of this Demo Version Software is not misrepresented; (c) no money is charged to the person receiving this Demo Version Software, beyond reasonable cost of packaging and other overhead; (d) You provide prior email or written notice to RIA at the email address or fax number listed above that You are distributing this Demo Version and, if this Software is being distributed with other media or software, RIA’s prior written approval is required. To obtain prior written approval, please contact RIA. You may be required to report to RIA the number of units of this Demo Version Software distributed from time to time.
2.5 Installation and Use – You are responsible for installation of this Software. Your license to use this Software is limited to the number of licenses purchased by You. For more information about purchasing additional licenses of this Software please contact an authorized reseller or RIA Software Co. directly through our web: http://www.riasc.net .
You shall not allow others to Use, copy or evaluate copies of this Software. Others may obtain a copy of this Software from: http://www.riasc.net/
2.6 Use Restrictions - You shall Use this Software in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, Use, display or distribution of this Software together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited. The assignment, sublicense, networking, sale, or distribution of copies of this Software is strictly forbidden without the prior written consent of RIA. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the Use of this Software. Upon request by RIA, You agree to give RIA access to Your site during regular business hours solely for the purpose of ensuring compliance with this Agreement.
2.7 Transfer – Unless otherwise authorized herein, this Software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that You may make one Backup Copy for back-up use during emergency situations. For information about redistribution of this Software please contact RIA at: firstname.lastname@example.org.
2.8 Intellectual Property Restrictions – RIA’s name, trademarks, logo and graphics file that represents this Software shall not be used in any way to promote products developed with this Software. This Software contains copyrighted material, trade secrets and other proprietary material. You will not deliver, disclose, or convey to any third party, either directly or indirectly, the contents of this Software. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile this Software or alter or remove any proprietary rights or copyrights notice or identification which indicates RIA’s ownership of this Software. You shall not create any derivative works or other works that are based upon or derived from this Software in whole or in part. RIA retains sole and exclusive ownership of all right, title and interest in and to this Software and all intellectual property rights relating thereto. This Software is protected without limitation by Serbian copyright law and international copyright treaty provisions. All rights not expressly granted hereunder are reserved for RIA.
2.9 Limited Warranty and Disclaimer - You hereby acknowledge that You are solely responsible for selecting and installing the Software and that the Software may not satisfy all your requirements or be free from defects. RIA specifically does not warrant that the Software will operate uninterrupted or error free. THE SOFTWARE IS PROVIDED ‘AS IS’ WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION BY RIA OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RIA OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SUPPLIERS OR DISTRIBUTORS WILL CREATE A WARRANTY. RIA DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE OF THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. IF SUCH DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTIES OR CONDITIONS IS LIMITED TO NINETY (30) DAYS FROM THE DATE OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
2.10 Limitation of Responsibility - You will indemnify, hold harmless, and defend RIA, its employees, agents and distributors against any and all claims, proceedings, demands and costs resulting from or in any way connected with Your use of this Software. IN NO EVENT WILL RIA BE LIABLE ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE PURCHASE PRICE OF THE SOFTWARE (MAXIMUM BEING THE LESSER OF THE AMOUNT PAID BY YOU AND THE SUGGESTED RETAIL PRICE AS LISTED BY RIA) IN EXCHANGE FOR THE RETURN OF THE PRODUCT, ALL COPIES, REGISTRATION PAPERS AND MANUALS, AND ALL MATERIALS THAT CONSTITUTE A TRANSFER OF LICENSE FROM YOU BACK TO RIA. SUCH REIMBURSEMENT WILL ONLY OCCUR IF THE SOFTWARE WAS PURCHASED DIRECTLY FROM RIA. IF YOU PURCHASED THE SOFTWARE THROUGH A RESELLER, DISTRIBUTOR, RETAILER, OR THIRD PARTY, YOU NEED TO REQUEST A REFUND DIRECTLY FROM SUCH PARTIES. IN NO EVENT WILL RIA ITS EMPLOYEES, AGENTS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, AGGRAVATED OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THIS SOFTWARE OR THE USE OR INABILITY TO USE THIS SOFTWARE OR THE FURNISHING, PERFORMANCE OR USE OF ANY OTHER MATTERS HEREUNDER HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION, LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOOD WILL EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
2.11 Export Compliance – You agree not to export or re-export the Software except in compliance with international trade laws, the export laws of any country where this Software is used and the United States Department of Commerce Bureau of Industry and Security Export Administration Regulations (EAR), including but not limited to compliance with EAR restrictions on export or re-export of the Software:
i) to an embargoed country;
ii) to individuals and organizations prohibited from receiving US exports; and
iii) in support of a prohibited end use
The license granted to You under this Agreement is on the condition that You comply with applicable trade and export laws and You acknowledge that this license will be revoked if You do not comply with this section.
2.12 Governing Law - This Agreement shall be governed exclusively by the laws of Serbia applicable therein excluding application of any conflict of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods and excluding the International Sale of Goods Act (B.C.).
2.13 Termination - Any failure by You to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this Agreement including the license hereunder. Upon termination of this Agreement for any reason, You agree to immediately cease Use of this Software and destroy all copies of this Software.
3.1 Registration - To register this Software You can do one of the following: 1) complete and mail the printed registration card (if applicable) to RIA; 2) submit the registration information online through the registration screen found within this Software (if applicable); or 3) submit the registration information online through RIA’s Registration page at http://www.riasc.net/register.aspx. As a registered user, You will have the option to receive helpful information and special email offers for RIA customers.
3.2 Consent to Use of Data - You agree that RIA may collect and use information gathered in any manner as part of the product support services provided to You, if any, related to this Software. RIA may also use this information to provide notices to You which may be of use or interest to You.
4. General Provisions –
No failure or delay in enforcing any right or exercising will be deemed a waiver of any right or remedy.
If any provision of this Agreement is unenforceable or invalid for any reason whatever, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions of this Agreement and such provision shall be severable from the remainder of this Agreement.
This Agreement constitutes the entire agreement between You and RIA with respect to the subject matter hereof and supersedes all prior and contemporaneous proposals, agreements, understandings, representations and communications, whether oral or written.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
5. Third Party Notices – This Software also contains software of RIA’s suppliers which is used in accordance with the notices reproduced below, which notices You acknowledge and agree to together with the remainder of this Agreement.
6. Third Party Websites, Services and Software
The Software may contain links to other websites, services or software provided by third parties (Third Party Content). Links from RIA Software to Third Party Content are provided for Your convenience only and are not investigated, monitored or checked for accuracy, appropriateness, or completeness by RIA and RIA is not responsible for any Third Party Content accessed through RIA Software, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Content does not imply approval or endorsement thereof by RIA. If You decide to access or install the Third Party Content (if applicable), You do so at your own risk and You should be aware that RIA terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Content You navigate from the RIA Software or relating to any Third party Content You use or install. RIA reserves the right to change, modify or delete links to Third Party Content without notice.
RIA Software Co. EULA