End user agreement for BLUBOX v5
BLUBOX END-USER LICENSE AGREEMENT
IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS SET FORTH IN THIS END-USER LICENSE AGREEMENT ("EULA"). YOU WILL BE ASKED TO REVIEW AND EITHER ACCEPT OR NOT ACCEPT THE TERMS OF THE EULA. YOU ARE NOT AUTHORISED TO USE THIS SOFTWARE UNLESS AND UNTIL YOU ACCEPT THE TERMS OF THIS EULA.
This EULA is a binding legal agreement between you and iBlubox Limited (hereinafter "LICENSOR") for the materials accompanying this EULA, including the accompanying computer software, associated media, printed materials and any "online" or electronic documentation (hereinafter the "SOFTWARE"). By installing the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or attempt to use the SOFTWARE.
1. Grant of License
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. This EULA grants you the following rights:
a. You may install, use, access, display and run one copy of the SOFTWARE, on a single computer, workstation or terminal ("COMPUTER"). You must acquire a license for each separate COMPUTER on which the SOFTWARE is run. A license for the SOFTWARE may not be shared or used concurrently on different COMPUTERs.
b. Your license rights under this EULA are non-exclusive. All rights not expressly granted herein are reserved by LICENSOR.
c. You may not sell, transfer or convey the SOFTWARE to any third party without LICENSOR's prior express written consent.
d. You may not make access to the SOFTWARE available to others in connection with a service bureau, application service provider, or similar business, or use the SOFTWARE in a business to provide file compression, decompression, or conversion services to others
2. Price and Payment
This is not free SOFTWARE. Subject to the terms below, you are hereby licensed by LICENSOR to use this SOFTWARE for evaluation purposes without charge for a period of 28 days. If you use this SOFTWARE after the evaluation period a license fee is required.
3. Support Services
This EULA is a license of the SOFTWARE only, and LICENSOR does not assume any obligation to provide support or to prepare and distribute modifications, enhancements, updates and new releases of the SOFTWARE.
4. Replacement, Modification and/or Upgrades
LICENSOR may, from time to time, and for a fee, replace, modify or upgrade the SOFTWARE. When accepted by you, any such replacement or modified SOFTWARE code or upgrade to the SOFTWARE will be considered part of the SOFTWARE and subject to the terms of this EULA (unless this EULA is super ceded by a further EULA accompanying such replacement or modified version of or upgrade to the SOFTWARE).
You may terminate this EULA at any time by destroying all your copies of the SOFTWARE. Your license to the SOFTWARE automatically terminates if you fail to comply with the terms of this agreement. Upon termination, you are required to remove the SOFTWARE from your COMPUTER and destroy any copies of the SOFTWARE in your possession.
a. All title and copyrights in and to the SOFTWARE (including but not limited to any images and text incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by LICENSOR.
b. You may not reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies of, create derivative works from, distribute or provide others with the SOFTWARE in whole or part, transmit or communicate the application over a network.
7. Disclaimer of Warranties
LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
8. Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES WILL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9. Governing Law
This Agreement shall be considered as a contract made in England, subject to English Law and to the exclusive jurisdiction of the English courts.
If any term of this EULA is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.
11. No Waiver
No waiver of any right under this EULA will be deemed effective unless contained in writing signed by a duly authorised representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of this EULA.
12. Entire Agreement
This EULA constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this EULA by any representations or promises not specifically stated herein.
By installing the Software, you agree to the terms of this EULA.