End user agreement for PhotoArtist 2 for Mac
End User License Agreement (EULA)
IMPORTANT - READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between you (either an individual person, a company or another single legal entity) and BenVista for this software product, consisting of software, including but not limited to all contents of this software, including any associated media, printed materials and online or electronic documentation (hereafter referred to as "Software Product"). The definition of this Software Product includes any software updates of and supplements to the original Software Product. If any parts of this Software Product have a separate EULA supplied with it, these parts are licensed to you under the terms and conditions of the EULA concerned. Please make sure that you will carefully read and understand the rights and restrictions described in this license. This agreement may be adjusted in writing and undersigned by an authorised BenVista staff member only. This license agreement replaces all and any previous presentations, discussions, agreements, communications or advertisements relating to the software product concerned.
This translation is provided for the convenience of English-speaking clients. In the event of any conflict arising as to the meaning or interpretation of any part of this EULA, only the original Dutch wording will be considered valid.
PLEASE NOTE: The terms and conditions of an EULA printed on paper, which may be supplied with the software product concerned, have priority over the terms and conditions of the digital version of an EULA present in this Software Product. For purposes of future reference, you are allowed to print out the text of this EULA or refer to the EULA possibly supplied as a digital version with this Software Product, or you may download the proper version of the EULA from the BenVista website.
By installing, copying or otherwise using this Software product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are NOT allowed to use this Software product and you should remove it from your computer instantly. However, in this case you are entitled to apply for a refund for the Software Product you did not use. In this case you should contact BenVista immediately for instructions to this effect. By pressing the "AGREE" button, you continue with the installation of this Software Product.
SOFTWARE PRODUCT LICENSE: The Software Product is protected by copyright legislation and by international copyright treaties, as well as other laws and treaties concerning intellectual property. This Software Product is licensed, not sold.
INTRODUCTION: The Software Product is among other things composed of the following parts:
(1) the basic programme including installation software
(2) "Up-to-date" check Foreign languages files. The foreign languages files are subject to this EULA, although this EULA is provided in the English language only. English will be considered the main language in which the terms and conditions of the EULA take effect.
The installation of this programme will copy several files enabling the software to run on your computer. Other system files such as DLL files may be installed or updated, and the information concerned can be made known to the operating system through the installation.
It is possible that the un-installation of the software does not fully remove all installed files or all information made known to the operating system. As with all software installations, you are advised to make a backup of your hard disk prior to installing this Software Product.
1. GRANT OF LICENSE:
This EULA grants you the following rights:
You may install this Software Product on a computer and use it exclusively in accordance with one of the following options (A), (B) or (C). These options cannot be combined.
(A) License for a single computer
BenVista grants you the right of "standard" use. You may install and use one (1) copy of this Software Product on a single computer at a time.
(B) License for a single user
The Software Product may be installed on two computers, such as desktop and laptop, on the condition that only one single person is the main user of both computers and that this person is the only person using the software. This option is meant for consumers, companies or institutions with only one single person using software.
(C) Network server with "metering"
The Software Product may be installed on a network file server in a Software Product with "metering" software exclusively. This "metering" software has to be configured in such a way as to prevent more than one single user being able to use the software for each license. This option is meant to allow a regular user to share his / her license with an occasional user, such as for instance a project manager having to evaluate the project.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
A) Support services. BenVista can / may provide you with support services related to the Software Product, to be referred to as "Support Services" from now on. Use of Support Services is governed by the BenVista regulations and programmes described in the manual, in "on-line" documentation and / or in other materials supplied by BenVista. Any supplemental software code provided to you as part of the Support Services will be considered part of the Software Product and subject to the terms and conditions of this EULA. You acknowledge and agree that BenVista may use technical information provided by you to BenVista as part of the Support Services for its business purposes, including for product support and development.
B) High risk activities. This product is not infallible and is not designed, produced or intended for use in dangerous environments where performance is required to be safeguarded against emergencies, such as in the use of medical systems, nuclear facilities, aircraft navigation or communication systems, Air Traffic Control or acute life support systems, or weapon systems where the failure of the Software Product may directly result in death, personal injury or major physical or environmental damage (high risk activities). BenVista and its suppliers will explicitly not warrant the quality of the Software Product as regards High Risk Activities. By means of this agreement you acknowledge that BenVista and its suppliers are not liable for claims or damage resulting from the use of the Software Product in such applications.
C) Limitations on reverse engineering, decompilation and disassembly. You may not reverse engineer, decompile or disassemble the Software Product except and to the extent that such activities have been expressly permitted by applicable law notwithstanding the limitations imposed by this article.
D) Rental. You may not rent, lease or lend the Software Product.
E) Transfer of Software. You are allowed to permanently transfer all your rights covered by this EULA, on the condition that you do not keep any copies. In this case you will transfer everything of the Software Product, including all related parts, the media and the printed materials, all updates and upgrades, this EULA and the applicable certificate of authenticity to a party who agrees to accept the terms and conditions of this EULA. Irrespective of the above: special versions on behalf of educational institutions, Beta versions or Not For Resale (NFR) copies cannot be transferred in any way.
F) Multiplatform, Network, Localised and Dual Media software in multiple copies, bundles and Updates or Upgrades. Whether the Software Product supports several platforms or languages, or whether you receive the Software Product on several media, or whether you receive several copies of the Software Product in any way whatsoever, or whether you receive the Software Product in a bundle with other software, in all these cases you are only granted the right of standard use provided to you by this EULA. You are allowed to install and use one copy of this Software Product on a single computer at a time.
G) Proving the right of use. If you are a company or an organization, you acknowledge and agree that upon the request of BenVista or an authorised BenVista representative you will fully document and certify that the use of all licenses at the moment of the request are in accordance with your valid BenVista licenses, within thirty (30) days.
3. ALL RIGHTS NOT EXPLICITLY MENTIONED IN THIS AGREEMENT ARE RESERVED TO BENVISTA.
BenVista is entitled to terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the Software Product and all of its component parts and remove all installed software parts from your computers.
5. INTELLECTUAL PROPERTY RIGHTS:
All title and intellectual property rights in and related to this Software Product, including but not limited to any images, photographs, animations, video, audio, music, text, shortcuts and Applets incorporated into the Software Product, the accompanying printed materials and any copies of the Software Product are owned by BenVista or its suppliers. The software code constitutes a valuable trade secret and confidential information owned by BenVista or its suppliers. The Software Product is protected by the Netherlands intellectual property laws, by international treaties and by the applicable law of the country where the Software Product is used. You should therefore consider and treat the Software Product as any other material encumbered with a copyright. You may not copy the printed materials accompanying the Software Product.
Trademarks must be used in accordance with the standards and values universally accepted in society and transactions, including identification of the owner of the trademark. Trademarks may be used only for identification of the printed software output. Such use of the trademarks concerned does not grant you any rights in connection with the ownership of the trademark itself.
5.2 Stock files:
Unless expressly stated otherwise in the Read Me files or other files associated with the Software product and/or Stock files that might contain any specific rights and restrictions in connection with these types of materials, you may use the Stock files accompanying the Software Product ONLY for testing the Software product. You may not show, modify, reproduce and distribute the Stock files accompanying the Software Product. Stock files may not be used for the production of libellous, fraudulent, vile, obscene or pornographic materials or of any materials that violate the intellectual property of a third party or in any other illegal manner whatsoever. You may not claim any trademark rights in the Stock files or in any works derived from these.
6. EXPORT RESTRICTIONS:
You acknowledge that the Software Product licensed to you under the terms of this agreement is subject to the export restrictions laid down under Dutch legislation. You confirm that in relation to the Software Product you will not export it directly or indirectly to one of the countries governed by Dutch export restrictions. Furthermore you acknowledge that the Software Product may include technical data that may be subject to the export restrictions laid down under Dutch legislation.
In the use of this Software Product, your privacy is of the utmost importance to us. The "Up-to-date" application is developed to detect if any new updates of the software are available online. No information other than product name and software version number will be transferred to us.
8. FREEWARE & SHAREWARE:
If BenVista has unequivocally indicated that this Software Product is released as so-called "freeware", this clause applies. This freeware version is a commercial software product that may be freely used, copied (in machine readable format) and distributed as long as the Software Product is distributed as a whole, unmodified and complete, including all original tapes and including this license agreement. Unless with the express written consent from BenVista, the Software Product may not be sold.
If BenVista has unequivocally indicated that this Software Product is released as so-called "shareware" onto the market, this clause applies. The present Shareware version is a commercial software product that may be freely used, copied (in machine readable format and distributed as long as the product is not sold and the Software Product is distributed as a whole, unmodified and complete, including original documents and including this license agreement.
9. UPDATING/ UPGRADING:
"Update" is taken to mean new minor features, changes or alterations to the programs core or graphic user interface, repairs, patches and other fixes of any repairable defect, including irregularities, incompatibilities or other inconsistencies resulting in the failure of or prevention of the normal functioning of the product. "Upgrade" is taken to mean a new released version containing significant improvements of the functionality or the possibilities compared with the previous version. These improvements exceed the contents of the improvements in a software Update.
If the software is an Update or Upgrade of a previous version of the software, you should be in the possession of a valid license to such a previous version, in order to be allowed to use the software. You are permitted to use the previous version of the software on your computer after you received the Upgrade or Update in order to help you with the transition to the Update or Upgrade, assuming that the Update or Upgrade is installed on the same computer and assuming you acknowledge that every obligation BenVista would have to lend support services in connection with the previous version is terminated when the Update or Upgrade becomes available and operational.
10. BETA VERSION:
If this Software Product contains a Beta version of a Software Product this article applies. A Beta version has not been released for sale commercially. It is only made available for the express purpose of enabling a selected group of users to test the software. By its nature, Beta software may have bugs or could have errors or incomplete functions (features) that might have a negative effect on the software itself, on the files on your computer or on your computer. By installing and / or using this software, you accept running the risk of these bugs, errors or other effects on your computer or on your files. You use the Beta software entirely at your own risk. BenVista does not provide a warranty on Beta versions of Software Products. It is not allowed for any users not selected by BenVista to use this Software Product.
11. NOT FOR RESALE (NFR):
If this Software Product contains a NFR version of a Software Product, this article applies. A NFR version has not been released for sale commercially. It is only made available for the express purpose of enabling a selected group of users to use or to demonstrate the software. It is not allowed for any users not selected by BenVista to use this Software Product.
12. APPLICABLE LAW:
This EULA is governed by the laws of the Netherlands exclusively. If a single condition of this license agreement cannot be legally enforced before a competent court, this condition shall be applied as fully as possible and the other conditions shall remain fully effective.
If you are interested in or have any questions relating to the sales information of BenVista products, please use the address and contact information supplied with this Software Product to contact the BenVista office in your region.
If you are interested in additional information on licensing this Software Product, please visit the BenVista website at http://www.benvista.com
If you have any questions concerning this EULA, or if you feel the need to contact BenVista for any other reason, please e-mail to firstname.lastname@example.org or use our contact form at http://www.benvista.com/contact/
14. LIMITED LIABILITY AND WARRANTY:
INSOFAR AS PERMITTED BY THE APPLICABLE LAW, BENVISTA AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL LIABILITY, EXPLICITLY OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ALL IMAGINABLE WARRANTIES OF MERCHANTABILITY, OF SUFFICIENT QUALITY, OF FITNESS FOR A SPECIFIC PURPOSE, OF COMPLIANCE WITH THIRD PARTY INTELLECTUAL PROPERTY RIGHTS AND OF FAILURE TO PROVIDE SUPPORT SERVICES.
BENVISTA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE BENVISTA SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE BENVISTA SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE BENVISTA SOFTWARE WILL BE CORRECTED. FURTHERMORE BENVISTA DOES NOT WARRANT THE USE OR THE RESULTS OF THE USE OF THE BENVISTA SOFTWARE OR THE RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
BENVISTA RESERVES THE RIGHT TO PERIODICALLY UPDATE AND / OR UPGRADE THE SOFTWARE AT ITS OWN DISCRETION. WITH THE INSTALLATION OF THE SOFTWARE YOU ACKNOWLEDGE AND AGREE THAT YOU APPROVE OF POSSIBLE FUTURE UPDATES AND / OR UPGRADES AND THE FACT THAT THIS EULA CONTINUES TO APPLY UNIMPAIRED TO UPDATES AND UPGRADES.
UNDER NO CIRCUMSTANCES WHATSOEVER, INCLUDING NEGLIGENCE, SHALL BENVISTA BE LIABLE FOR ANY SECONDARY, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO ITS SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BENVISTA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR BUSINESS INTERRUPTION, FOR LOSS OF BUSINESS INFORMATION, OR FOR ANY OTHER PECUNIARY LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR THE INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF BENVISTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE THE ENTIRE LIABILITY OF BENVISTA UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BENVISTA OR A BENVISTA AUTHORISED REPRESENTATIVE, DISTRIBUTOR, EMPLOYEE OR AGENT SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE, CHANGE OR AMEND TO THE SCOPE OF THIS WARRANTY.
SHOULD THE BENVISTA SOFTWARE PROVE DEFECTIVE, YOU (AND NOT BENVISTA OR A BENVISTA AUTHORISED REPRESENTATIVE) WILL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THE ABOVE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF CONSUMERS ACQUIRING BENVISTA PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF SECONDARY OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS LICENSE CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND BENVISTA WITH RESPECT TO THE USE OF THE BENVISTA PROGRAMMES AND SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS UNDERSTANDINGS REGARDING SUCH SUBJECT MATTER. NO AMENDMENT TO OR MODIFICATION OF THIS LICENSE WILL BE BINDING UNLESS IN WRITING AND SIGNED BY BENVISTA.