End user agreement for HiPro86 - THE BOT
Software License Agreement
END-USER LICENSE AGREEMENT FOR HIPRO86 SOFTWARE
IMPORTANT-READ CAREFULLY: This Software License Agreement ("SLA") is a legal agreement between you (either an individual or a single entity) and Transpacific Trading Limited (“Transpacific”) for the software product identified above, which may include computer software and associated media and printed materials, and may include "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this SLA. If you do not agree to the terms of this SLA, promptly return and / or uninstall the unused SOFTWARE PRODUCT to the place from which you obtained it for a full refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
GRANT OF LICENSE
This SLA grants you the following rights:
The following section, Systems Software applies to all versions of the SOFTWARE PRODUCT unless the Help > About dialog in the SOFTWARE PRODUCT specifies a Multi-user version.
Systems Software - You may install and use one copy of the SOFTWARE PRODUCT on a single computer at a time and only by one user at a time.
Network Storage/Use - You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device.
Concurrent Use - A license for the SOFTWARE PRODUCT may not be used concurrently on different computers.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly - You may not reverse engineer, decompile, translate, localise or disassemble the SOFTWARE PRODUCT.
Separation of Components - The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
Rental - You may not rent or lease the SOFTWARE PRODUCT.
Software Transfer - You may not permanently transfer all of your rights under this SLA without the prior written consent of Tranpacific.
Additional commercial use - You may not sell, transmit or otherwise make available in any manner or on any media to any third party any of the software products without prior consent.
Termination - Without prejudice to any other rights, Transpacific may terminate this SLA if you fail to comply with the terms and conditions of this SLA. In such event, you must destroy all copies of the SOFTWARE
PRODUCT and all of its component parts. Transpacific reserves the right to remotely deactivate your SOFTWARE.
If the SOFTWARE PRODUCT is an upgrade from another product, whether from Transpacific or another supplier, you may use or transfer the SOFTWARE PRODUCT only in conjunction with that upgraded product, unless you destroy the upgraded product. If the SOFTWARE PRODUCT is an upgrade of a Transpacific product, you now may use that upgraded product only in accordance with this SLA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Transpacific or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. Copyrights and trademarks may not be used on online auction sites without the express prior written permission of Transpacific. You may use the software product and related services and documentation only for your own personal non-commercial use. You may not sell, transmit or otherwise make available in any manner or on any media to any third party any of the products without prior consent.
The parties agree that if you utilise or otherwise uses any of the Software Product in an unauthorised manner, or breach the remaining terms and conditions of this SLA, that such use or breach would have a devastating and serious impact on Optic continuing ability to compete profitably and would, therefore, result in immediate and irreparable injury, loss or damage to Transpacific. The parties agree that in such event, in addition to Transpacific’s right to recover damages for a breach of this SLA, Transpacific would be entitled to obtain a temporary restraining order or a preliminary injunction from a court of competent jurisdiction to prevent the You, your employees, agents, consultants, or independent contractors from engaging in any further use of the Software Product or the continued breach of the remaining terms and conditions of this SLA.
DUAL-MEDIA SOFTWARE & MULTIPLE VERSIONS
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user.
This SLA is governed by the laws of the United Kingdom. Should you have any questions concerning this SLA, or if you desire to contact Transpacific for any reason, please contact the Transpacific subsidiary serving your country, or email Transpacific at firstname.lastname@example.org
SET UP AND USE OF THE SOFTWARE LICENSE AND RELATED FEES
Where applicable and as indicated by your means of purchase and our offer to you; the initial cost of purchasing this license is a set up fee. This fee is applicable irrespective of any continued use or non-use of the software. Our service for this fee is set up of your account with Transpacific and to undergo the necessary amendments to systems and communication with third parties necessary in order to enable the use of your account with us and the third party. After the initial set up fee a monthly fee is payable monthly in arrears. The on going subscription, support, warranty and any related maintenance of your account is tied to the monthly subscription. Termination of that subscription by either party is at no notice, save the unexpired portion of the subscription fee, and will terminate this agreement, relationship and obligation between both parties.
Save the monthly advanced subscription fee for the use of this license there is no upper time limit offered or implied by either party for the use of the this licence unless agreed in writing between the two parties.
Transpacific warrants that (a) the SOFTWARE PRODUCT will perform, with the exception of changes beyond our control, substantially in accordance with the accompanying written materials for a period defined at the date of purchase or by the subscription period. Some jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to the aforementioned period. Where there is no purchase cost to the product there is no warranty whether implied or otherwise. Where the service or product is subscription based an upfront set up fee covers the use of the product for the first periodical subscription payment only. Thereafter the warranty is per subscription payment for a prepaid period or the specifically defined terms at the point of purchase. Failure to pay the full periodical amount on its due date either alone or as part of a part payment for a service term shall be considered a breach in the SLA and associated terms and invalidate any warranty or support.
Transpacific and its suppliers' entire liability and your exclusive remedy shall be, at Transpacific’s option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT. This Limited Warranty is void if failure of the SOFTWARE PRODUCT or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by Transpacific are available without proof of purchase.
NO OTHER WARRANTIES
To the maximum extent permitted by applicable law, Transpacific and it’s suppliers disclaim all other warrantees, either express or implied, including, but not limited to, implied warrantees of merchantability and fitness for a particular purpose, with regard to the software product, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others, which vary from jurisdiction to jurisdiction.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall Transpacific or it’s suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software product or the use of information provided by the software product, even if Transpacific has been advised of the possibility of such damages.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In these cases we will not directly seek to sell the SOFTWARE PRODUCT in these jurisdictions. If you have acquired this SOFTWARE PRODUCT in-directly for use in these jurisdictions you should cease use immediately as your license is not valid for use.
CHANGE OF CONTENT AND ACCURACY OF INFORMATION
Transpacific reserves the right to change the content, presentation, performance, user facilities and availability of any part of the services at its sole discretion. Transpacific nor any of its suppliers make any warranties, expressed or implied, as to the accuracy, adequacy, quality or fitness for any particular purpose of the information or services for a particular purpose or use, and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. You bear all risks from any uses or results of using any products and information. You are responsible for validating the integrity of any information obtained from our products.
ILLEGAL USE IN RESTRICTED AREAS
Neither Transpacific nor any of its affiliates make any warranties, expressed or implied that the services or the availability of the services in any particular jurisdiction outside the UNITED KINGDOM is in compliance with any applicable laws or regulations. Accordingly, if it is prohibited to make the services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) such services or any part are not directed at you. You accept that if you are resident outside the UNITED KINGDOM, you must satisfy yourself that you are lawfully able to receive the services. Any agreement with Transpacific or its affiliates will cease if you attempt to use such products in a restricted area.
The restrictions and obligations as contained in this SLA which You have voluntarily agreed to shall survive any expiration, termination or cancellation of this SLA, and shall continue and remain in effect for one year, said period commencing on the day and year first written above to bind You, and your employees, agents, successors, heirs and assigns.
This SLA sets forth the entire Agreement and understanding between the parties as to the subject matter of this Agreement and supersedes all prior discussions, representations, and amendments of understandings of every kind and nature between them.
Except as otherwise provided in this SLA, this Agreement may not be amended, altered, or any of its provisions waived on behalf of ether party, except in writing executed by both parties’ duly authorised agent.
This Agreement and the rights and duties under this Agreement may not be assigned by you without prior written consent of Transpacific.
This SLA shall be binding upon and inure to the benefit of Transpacific and its successors and permitted assigns.
This SLA may be executed in one or more counterparts, each of which shall be enforceable against the party actually executing the counterparts, and all of which together shall constitute one instrument.
Captions contained in this Agreement are inserted for reference and in no way define, limit, extend or describe the scope of the SLA or intent of any provision in the SLA.
If any provision of this SLA becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this SLA shall continue in full force and effect without said provision; provided, however, that no such severability shall be effective if it materially changes the economic benefit of the SLA to the other party.
AUTHORITY TO EXECUTE
You warrant and represent to Transpacific that this SLA shall be binding upon you once executed, and that the individual executing this document is authorised or has been empowered to do so.