End user agreement for Bluo CMS
Metromind © End User License Agreement
Copyright© Metromind Media 2006 End User License Agreement (EULA). All rights reserved.
Protected by the copyright laws of the European Union & Romania and by international
treaties. IT IS ILLEGAL AND STRICTLY PROHIBITED TO COPY, DISTRIBUTE, PUBLISH,
OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSE TO ANY OTHER
PARTY, THIS PRODUCT IN HARD COPY OR DIGITAL FORM. ALL OFFENDERS MAY BE
SUED IN A COURT OF LAW. BLUO IS LICENSED AND NOT SOLD.
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING
BLUO FREE. INSTALLING THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE
TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, PROMPTLY UNINSTALL
THE SOFTWARE AND NOTIFY US.
The use of this product is governed by the terms and conditions set forth below. Please read
them carefully. This License Agreement is applicable to the Software Bluo, which includes the
content management system Bluo, the templates included in the Bluo package. You are deemed
to have read, understood and accepted the terms of this License Agreement when you purchase,
install or use Bluo.
The PARTIES to this Agreement are that party purchasing, installing or using Bluo (defined
herein as “you” and Metromind Media (referred to as Metromind).
1. “Software” means only the Metromind software program(s) (the Bluo content
management system and the Templates) and third party software programs, in
each case, supplied by Metromind herewith, and corresponding online or
2. “Bluo content management system” means the Software, without containing the
Templates or Free Templates
3. “Template” means the graphical design of the site that is displayed to a visitor
accessing the site and is part of the Software
4. “Free Template” means the Templates provided for free by Metromind together
with the Free Version of the Software
5. “domain” means an Internet domain name which is a name that, entered into a
computer, and then looked up in the global Domain Name System, informs the
computer of the IP address(es) with that name
6. “the Domain” means the domain, as defined above, for which you have
registered the Software and which is the only domain on which the software will
7. “Free Version” means a version of the Software, so identified, to be used for free
for any purposes that adhere to this document. The Free Version may have
limited features due to an internal mechanism within the Free Version.
8. “online registration form” is the form you must complete before downloading the
9. “serials” represents the code you generate on the www.bluocms.com site for the
Domain you bought the Software for and which, when introduced in the Free
Version, eliminates the limitations the Free Version may have and that are
specifically considered limitations on the www.bluocms.com site.
a) Upon purchase of the Software, you are given a limited non-exclusive license to use
Bluo only related to a single domain (defined herein as “the Domain”)and only for your
own purposes. Only the individual or entity that purchases Bluo as indicated by the online
registration form that you fill out when downloading Free Version will have the license to
use the Software. Use by any other person, company, corporation, Limited Liability
Company, trust, or other separate legal entity, or used in relation to any other domain
than the Domain will require a separate license. This includes companies or any other
organizations that may be affiliated to you by partnership or otherwise.
b) Upon downloading and installing the Free Version, you are permitted to do only the
1) You may install and use Bluo on more than one computer, but only for a single
domain, which will become, after the installation, the Domain. A license for the
Software may not be shared, installed or used concurrently for different domains.
2) You may make one copy of the Software in machine-readable form solely for
backup purposes. You must reproduce on any such copy all copyright notices
and any other proprietary legends from the original copy of the Software. You
may not sell or transfer any copy of the Software made for backup purposes.
3) Unless otherwise set forth in the documentation relating to such code and/or the
Software or in a separate agreement between you and Metromind you may
modify the source code form of those portions of such software programs that
are identified as Free Templates, in the accompanying documentation solely for
the purposes of designing, developing and testing websites using Bluo.
c) There are technological measures in this Software that are designed to prevent
unlicensed or illegal use of the Software. You agree that Metromind may use those
measures and you agree to follow any requirements regarding such technological
d) You agree that Metromind may audit your use of the Software for compliance with these
terms at any time, upon reasonable notice. In the event that such audit reveals any use of
the Software by you other than in full compliance with the terms of this Agreement, you
shall reimburse Metromind for all reasonable expenses related to such audit in addition to
any other liabilities you may incur as a result of such non-compliance, liabilities
determined solely by Metromind.
YOU MAY NOT DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE,
GIVE OR DISCLOSE TO ANY OTHER PARTY, IN HARD COPY OR DIGITAL FORM, EXCEPT
AS SPECIFICALLY PERMITTED BELOW.
(a) Other than as set forth in the “License Grants” section of this document, you may not make or
distribute copies of the Software, or electronically transfer the Software for use related to any
domain other than the Domain.
(b) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse
engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(c) Unless otherwise provided herein, you may not rent, lease, or sublicense the Software.
(d) Other than with respect to a Free Version of the Software, you may permanently transfer all of
your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you
transfer all of the Software (including all component parts, any upgrades, this EULA, the serial
numbers, and, if applicable, all other software products provided together with the Software), and
the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must
include all prior versions of the Software from which you are upgrading. You may retain no copies
of the Software. You may not sell or transfer any Free Version.
(e) Unless otherwise provided herein, you may not modify the Software or create derivative works
based upon the Software.
(f) Unless otherwise provided herein, you shall not (A) in the aggregate, install or use more than
one copy of the Free Version of the Software, (B) download the Free Version of the Software
under more than one username, (C) disclose the results of software performance benchmarks
obtained using the Free Version to any third party without Metromind’s prior written consent,
(g) You may receive the Software in more than one medium but you shall only install or use one
medium. Regardless of the number of media you receive, you may use only the medium that is
appropriate for the server or computer on which the Software is to be installed.
(h) You may receive the Software in more than one platform but you shall only install or use one
(i) In the event that you fail to comply with this EULA, Metromind may terminate the license and
you must destroy all copies of the Software with all other rights of both parties and all other
provisions of this EULA surviving any such termination.
All digital copies of the Free Version shall display our copyright notice. You will not remove our
copyright notices from the pages of the site managed by Bluo.
AS A CONDITION OF THE LICENSE GRANTED HEREIN, YOU REPRESENT, WARRANT,
AND COVENANT TO US THAT YOU WILL NOT USE ANY OF OUR SOFTWARES FOR ANY
SITES PROMOTING ILLEGAL ACTIVITIES OR DISPLAYING ANY OFFENSIVE CONTENT.
SUCH OFFENSIVE CONTENT MAY INCLUDE, BUT IS NOT LIMITED TO, PORNOGRAPHY,
INCITATIONS TO NATIONAL, RELIGIOUS, RACIAL, CLASS HATRED, PUBLIC VIOLENCE OR
DISCRIMINATION. YOU AGREE THAT METROMIND WILL NOT BE HOLD LIABLE UNDER
ANY CIRCUMSTANCE FOR THE CONTENT OF THE SITES USING THE SOFTWARE.
You agree to indemnify, hold harmless and defend Metromind from and against any loss,
damage, claims or lawsuits, including attorney's fees, that arise or result from the use or
distribution of your Software falling under the prescriptions of this EULA .
You acknowledge and agree that our damages in the event of your violation of this Agreement
will be substantial, and that we will suffer irreparable harm in such event. As such, we shall have
the right to obtain equitable remedies, including but not limited to an injunction.
The foregoing license gives you limited license to use the Software. Metromind and its suppliers
retain all right, title and interest, including all copyright and intellectual property rights, in and to,
the Software (as an independent work and as an underlying work serving as a basis for any
Software you may develop), and all copies thereof. All rights not specifically granted in this EULA,
including International Copyrights, are reserved by Metromind and its suppliers.
All intellectual property rights and other proprietary rights in or related to the Software are and will
remain our exclusive property, whether or not specifically recognized or perfected under local
applicable law and you must not take any action that jeopardizes our proprietary rights. Subject to
the license set out above, no license, right or interest in any of our trade marks, service marks or
trade names is granted to you under this Agreement. If an action is brought against you claiming
that the Software infringes the intellectual property rights of a third party, we will, at our own
expense, defend or, at our option, settle the action.
To the full extent permitted by law, the remedies contained in this section constitute your sole and
exclusive remedies and our entire liability under this Agreement with respect to infringement of
third party intellectual property rights.
LIMITED WARRANTY AND DISCLAIMER
(a) Except with respect to any Template or Free Version, Metromind warrants that, for a period of
thirty (30) days from the date of delivery (as evidenced by a copy of your mail activation mail):
when used with a recommended hardware configuration, the Software will perform in substantial
conformance with the documentation supplied with the Software;
(b) METROMIND PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR
IMPLIED, FOR ANY TEMPLATE OR ANY FREE VERSION OF THE SOFTWARE. ANY
TEMPLATE OR FREE VERSION IS PROVIDED "AS IS".
(c) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO
SOFTWARE OTHER THAN ANY TEMPLATE OR ANY FREE VERSION, METROMIND AND ITS
SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER
EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO
WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. Metromind does
not warrant that the Software is error-free or will operate without interruption. NO RIGHTS OR
REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU
UNLESS EXPRESSLY GRANTED HEREIN. The Software is not designed, intended or licensed
for use in hazardous environments requiring fail-safe controls, including without limitation, the
design, construction, maintenance or operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, and life support or weapons systems. Metromind
specifically disclaims any express or implied warranty of fitness for such purposes.
(d) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE
SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS
FROM THE DATE OF DELIVERY.
(e) No oral or written information or advice given by Metromind, its distributors, agents or
employees shall create a warranty or in any way increase the scope of ANY warranty PROVIDED
(f) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY
FROM STATE TO STATE.
Your exclusive remedy under the preceding is to return present Metromind with the acquired
Software, a copy of your receipt and a description of the problem. Provided that any noncompliance
with the above warranty is reported in writing to Metromind no more than thirty (30)
days following delivery to you, Metromind will use reasonable commercial efforts to supply you
with a replacement copy of the Software that substantially conforms to the online specifications,
or refund to you your purchase price for the Software, at its option. Metromind shall have no
responsibility if the Bluo content management system has been altered in any way, or if the
failure arises out of use of the Bluo content management system with other than a recommended
hardware configuration. Any such misuse, accident, abuse or modification of the Bluo content
management system will void the warranty above. THIS REMEDY IS THE SOLE AND
EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED
WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.
LIMITATION OF LIABILITY
(a) NEITHER METROMIND NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE
INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF
PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR
INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY
INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF METROMIND 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
(b) METROMIND'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE
WHATSOEVER WILL BE LIMITED TO THE GREATER OF $5.00
(c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL
RIGHTS THAT VARY FROM STATE TO STATE.
(d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE
WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.
Basis of Bargain
The Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability set forth above
are fundamental elements of the basis of the agreement between Metromind and you. Metromind
would not be able to provide the Software on an economic basis without such limitations. Such
Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability inure to the benefit of
Metromind reserves the right to unilaterally amend any offers, pricing terms or other matters
pertain to the Software on www.Bluocms.com. For all other matters, any amendments to this
Agreement must be in writing and signed by both parties. No course of dealing or trade usage
shall be deemed to amend the terms of this Agreement.
Third Party Software
The Software may contain third party software which requires notices and/or additional terms and
conditions. Such required third party software notices and/or additional terms and conditions are
located at www.bluocms.com/Insite-Pages/Third-party.html and are made a part of and incorporated
by reference into this EULA. By accepting this EULA, you are also accepting the additional terms
and conditions, if any, set forth therein.
This EULA shall be governed by the internal laws of Romania, without giving effect to principles
of conflict of laws. You hereby consent to the exclusive jurisdiction of the courts sitting in
Bucharest, Romania to resolve any disputes arising under this EULA. In each case this EULA
shall be construed and enforced without regard to the United Nations Convention on the
International Sale of Goods.
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. You agree that any varying or additional terms contained in any purchase
order or other written notification or document issued by you in relation to the Software licensed
hereunder shall be of no effect. The failure or delay of Metromind to exercise any of its rights
under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or
of the breach.
No Metromind dealer, agent or employee is authorized to make any amendment to this EULA.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to
law that provision will be enforced to the maximum extent permissible and the remaining
provisions of this EULA will remain in full force and effect.
All questions concerning this EULA shall be directed to: S.C. METROMIND MEDIA S.R.L.,
Bucuresti, Calea Ferentari, nr. 11, bl. 82, sc. 2, ap. 90, et. 8, Sector 5
Your licence to use the Software in accordance with theses terms and conditions lasts from the
date we receive payment from you (or, respectively, from the date you install the Free Version)
and shall remain in effect perpetually, but shall terminate upon your use of said Software beyond
the scope licensed herein or upon your violation of any term or condition hereof. All protections
with which we are provided under this Agreement shall survive the termination of your license to
use the Software. This licence is automatically transferred with the receipt by you of each such
updated edition (provided you have paid for that updated edition).
Metromind and other trademarks contained in the Software are trademarks or registered
trademarks of Metromind Media SRL in Romania and/or other countries. Third party trademarks,
trade names, product names and logos may be the trademarks or registered trademarks of their
respective owners. You may not remove or alter any trademark, trade names, product names,
logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This
EULA does not authorize you to use Metromind’s or its licensors’ names or any of their respective
You agree that any notice to be sent to you, including but not limited to any legal notices and
court-related notices, shall be sent to you via Email at the Email address that you designate when
you purchase our Software. Any notices to us must be by certified mail, return receipt requested,
at the e-mail address set forth in the Software package that you purchase from us.
any acceptance button and by purchasing our products, shall be deemed to be your signature to
this Agreement to the same extent as if your written signature was contained hereon.