End user agreement for E-Mail Advertiser
End-User License Agreement
Software Products: Object of this agreement is the BizSoft.ro software suite, comprising a selection of components, which varies with different suite types, from the following list: Management Imobiliare, E-Mail Advertiser.
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE "END USER", AND “BIZSOFT.RO”.
CONCLUSION OF THE CONTRACT
THIS AGREEMENT IS EFFECTIVE
A. BY OPENING THE SEALED PACKING OF BIZSOFT.RO´S SOFTWARE ON THE "EFFECTIVE DATE," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE SOFTWARE AND ALL THE ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS) TO THE PLACE YOU OBTAINED THEM.
B. BY INSTALLING THE DOWNLOADED BIZSOFT.RO APPLICATIONS, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY MEANS OF CLICKING THE “ACCEPT” BUTTON ON THE WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY UNINSTALL AND DELETE THE SOFTWARE AND ALL THE ACCOMPANYING ITEMS (INCLUDING DOCUMENTATION OR MANUALS) IF THE TERMS OF THIS AGREEMENT COMPRISE AN OFFER BY BIZSOFT.RO, THEN YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THE TERMS CONTAINED HEREIN.
The terms of your license agreement ("Agreement") for the Software described above depend on whether you purchased the Software from:
(1) BizSoft.ro web site; or
(2) Other distributor
If you downloaded the Software from www.BizSoft.ro which allows you to install only under the condition that you need to connect your computer at internet for online registration.
If you downloaded the Software from other website which allows you to install only under the condition that you need to connect your computer at internet for online registration.
A. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE ACQUIRED FROM BIZSOFT.RO WEBSITE OR OTHER DISTRIBUTOR WEBSITE
I. Grant of license
This Agreement permits you to use one copy of the Software acquired with this license on any single computer ("BizSoft.ro License"), provided the Software is in use on only one computer at any given time. If you have acquired a multiple license for the Software, then at any one time you may have in use up to as many copies of the Software as you have licenses. The Software is "in use" on a computer when it is loaded into the temporary memory or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not considered "in use". If the anticipated number of users of the Software might exceed the authorized number of applicable licenses, then you must have a reasonable mechanism or process in place to assure that the number of concurrent uses of the Software does not exceed the number of licenses.
THE LICENSE GRANTED HEREIN IS ONLY VALID IF ACQUIRED AS A BUNDLE WITH CD/DVD-RECORDING HARDWARE.
The Software is owned by BizSoft.ro or its licensors and is protected by copyright laws, international treaty provisions, and other national laws. You agree that you have no right, title or interest in the Software, except as set forth in Subsection I. If the Software is not copy protected you may either
(a) Make one copy of the Software solely for backup or archival purposes, or
(b) Transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
Product manual(s) or written materials accompanying the Software may not be copied.
III. Other restrictions
You may not rent or lease the Software, but you may permanently transfer your rights under this Agreement provided that:
(i) You transfer all copies of the Software and all written materials;
(ii) The recipient agrees to be bound by the terms of this Agreement; and
(iii) You remove any and all copies of the Software from your computer and cease any further use of the Software. Any transfer must include the most recent update and all prior versions. You may not copy the Software except as expressly set forth above. You may not reverse engineer, decompile or disassemble the Software, and you are not allowed to post or otherwise make the Software available on the World Wide Web. If you did not acquire the Software in its original packaging and you are not a transfer recipient under this subsection, you are not licensed to use the Software.
Updates and Upgrades: You will have the opportunity to maintain the Software by means of Updates and Upgrades. An "Update" is a new release of the existing Software and is provided to you free of charge by BizSoft.ro. An "Upgrade" is a major functional enhancement to the Software that you can purchase via the BizSoft.ro website (www. BizSoft.ro). Should you decide to install an Update, the provisions of this Agreement will apply to such Update. Should you purchase an Upgrade, your rights to install and use the Software will be limited to either the originally purchased version of the Software or the Upgrade, but not both, in accordance with the provisions of this Agreement. For the avoidance of doubt, this Agreement permits you to install and use only one version (either the original version or the Upgrade) of the Software at any one time and you agree not to use, transfer or permit any third party to use the version that you have not installed.
BIZSOFT.RO MAKES NO WARRANTIES TO YOU IN CONNECTION WITH THIS LICENSE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The party from whom you purchased the product with which this Software has been bundled will have no warranty and/or support obligations to you.
V. No liability for consequential damages
In no event shall BizSoft.ro or its licensors be liable for any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, hardware or software damages, or other pecuniary loss and any kind of damages) arising out of the use of or inability to use the Software, even if BizSoft.ro has been advised of the possibility of such damages. BizSoft.ro Partners are liable for those damages concerning software purchased. You agree to use BizSoft.ro software at your own risk. The client that purchased (acquired) a license from BizSoft.ro do not have the right to ask the money back if some legal authority will force BizSoft.ro to close the services provided to its clients. In case BizSoft.ro cannot provide its service to its clients, permanent or temporary, because of a big number of active clients at a moment in time or because of technical failure (software, hardware, etc.) or because of an attack (hacking, cracking, etc.) it will not return the money to the clients and also will not return any other payment to the clients for any damages.
VI. Reservation of proprietary rights
All proprietary rights on delivered Software are reserved to BizSoft.ro unless all claims against the End User are paid off or the cheque is cashed in. If reservation of proprietary rights is performed by BizSoft.ro, the End User is no longer entitled to use the Software furthermore. All copies made of BizSoft.ro’s Software have to be deleted completely and ultimately by the End User.
VII. Duration of the agreement
The agreement is concluded for an undefined period of time. By violating the provisions about copyright and other restrictions according to II. and III. the End User is no longer entitled to use BizSoft.ro’s Software and its accompanying items. In this case End User is obligated to resend original discs and all copies of data carriers and to erase completely and ultimately all data from End User´s computer established by means of BizSoft.ro’s Software. The observance of this agreement is conditional for the legal use of the Software and its accompanying items. In case of intentional violation of any obligation stipulated in this agreement by the End User, BizSoft.ro is entitled to terminate this agreement extraordinarily and immediately.
VIII. Safeguard measures
End User will keep the Software in safe custody and will indicate his members of household to follow the obligations stipulated in this agreement. End User will follow all relevant legal provisions, especially the laws on intellectual property and copyright.
THE SOFTWARE IS DESIGNED TO ASSIST YOU IN OBTAINING AND USE PERSONAL INFORMATIONS. UNLESS YOU HAVE PERMISSION TO USE THE PERSONAL INFORMATIONS, YOU MAY BE VIOLATING THE LAW AND BE SUBJECT TO PAYMENT OF DAMAGES AND OTHER REMEDIES. IF YOU ARE UNCERTAIN ABOUT YOUR RIGHTS, YOU SHOULD CONTACT YOUR LEGAL ADVISOR. YOU ASSUME FULL RESPONSIBILITY FOR THE LEGAL AND RESPONSIBLE USE OF THE SOFTWARE.
X. Web Search Feature
BizSoft.ro has integrated in some of BizSoft.ro' software applications a feature that enables you to enter a search request through the Software which will provide you with search results from a variety of sources, including the World Wide Web (the “Web Search Feature”). BizSoft.ro and its affiliates do not and cannot guarantee the continuous operation of this Web Search Feature. BizSoft.ro reserves the right to change the functionality of this feature or to cease supporting or integrating such feature into the Software without further notice to you.
You acknowledge and agree that BizSoft.ro and its affiliates shall not be liable for any delays, failures or outages relating to or arising out of use of the Web Search Feature. For additional information concerning the Web Search Feature, please visit www. BizSoft.ro.
XI. Hosting Services
BizSoft.ro has integrated a function into some of the BizSoft.ro software applications which supports the upload, download, as well as the viewing of videos, photos, or music on "hosting services" (e.g. Management Imobiliare, E-Mail Advertiser). BizSoft.ro, its affiliated companies and service providers do not provide any guarantee for the uninterrupted service of this function. BizSoft.ro reserves the right to change the functionality or to cease the support or the integration of this function in the software at any time without further notice. You hereby confirm that BizSoft.ro and its affiliated companies do not assume any accountability for delays, errors, or failures which concern this function or which arise as a result of using the function.
XII. Patent Activation
Some applications within BizSoft.ro require third-party technologies, some of which are available in this edition as demo versions. Free online activation is available to acquire unlimited access to these technologies. This will help ensure full functionality of BizSoft.ro. Internet connection is required for this activation. BizSoft.ro will transmit only the data that is necessary for activating the third-party technologies. You will provide your name or other personal information during the activation process if BizSoft.ro applications require this information.
XIII. Governing Law
If any dispute shall arise pursuant to any provision of this Agreement, the plaintiff may choose place of performance or residence of the defendant as place of jurisdiction. If any term or provision of this Agreement shall be declared invalid in arbitration or by a court of competent jurisdiction, such invalidity shall be limited solely to the specific term or provision invalidated, and the remainder of this Agreement shall remain in full force and effect, according to its terms. Any provision declared invalid shall be modified to the legal provisions.
Copyright © 2008 BizSoft.ro and its licensors. All rights reserved.
Portions of the Software utilize Microsoft Windows Media Technologies.
Copyright © 1999-2002. Microsoft Corporation. All Rights Reserved.
Windows is a registered trademark of Microsoft Corporation. Windows Media and the Windows logo are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries.
Use of this product is subject to the acceptance of the End User license agreement upon installation of the Software. http://www.BizSoft.ro.
BizSoft.ro reserves the right to change this license at any time.
If you have any questions concerning this Agreement, please contact us.
19 April 2011