Facther license
NOTE
It is possible that the text below differs from the license terms as delivered with the software. In all circumstances the license terms that are delivered with the software take precedence. The text below only serves to give you an indication of these terms.
License
BJM SOFTWARE FACTHER END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This Facther End-User License Agreement ("EULA")
is a legal agreement between you (either an individual or a single entity) and BJM
Software for the BJM Software (s) identified above, which includes the User's Guide,
any associated software components, any media, any printed materials other than the
User's Guide, and any "online" or electronic documentation ("SOFTWARE"). By
installing, copying, or otherwise using 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 use
the SOFTWARE. If the software was mailed to you, return the media envelope,
UNOPENED, along with the rest of the package to the location where you obtained it
within 30 days from purchase.
1. The SOFTWARE is licensed, not sold.
2. GRANT OF LICENSE.
(a) Evaluation Copy. This License Agreement shall commence on the date you
install the Software Program and continue until the earlier of thirty (30) days
or termination of this License Agreement by BJM Software for breach by you
of any of the terms and conditions herein. If you do not obtain a license for
the Software Program prior to the expiration or termination of this License
Agreement, then you agree to destroy the Software Program and all applicable
documentation, and all copies thereof. If you elect to obtain a license for the
Software Program, the conditions set forth in (c) Registered Copy will apply.
(b) Redistribution of Evaluation Copy. If you are using SOFTWARE on an
evaluation basis you are hereby licensed to make copies of the evaluation
SOFTWARE as you wish; give exact copies of the original evaluation
SOFTWARE to anyone; and distribute the evaluation SOFTWARE in its
unmodified form via electronic means (Internet, BBS's, Shareware distribution
libraries, CD-ROMs, etc.). You may not charge any distribution fee for the
copy or use of the evaluation SOFTWARE itself, but you may charge a
distribution fee that is reasonably related to any cost you incur distributing the
evaluation SOFTWARE (e.g. packaging). You must not represent in any way
that you are selling the software itself. Your distribution of the evaluation
SOFTWARE will not entitle you to any compensation from BJM Software.
(c) Registered Copy. After you have purchased the license for SOFTWARE, and
have received the file enabling the registered copy, you are licensed to copy
the SOFTWARE only into the memory of the number of computers
corresponding to the number of licenses purchased. The primary user of the
computer on which each licensed copy of the SOFTWARE is installed may
make a second copy for his or her exclusive use on a portable computer.
Under no other circumstances may the SOFTWARE be operated at the same
time on more than the number of computers for which you have paid a
separate license fee. You may not duplicate the Software in whole or in part,
except that you may make one copy of the SOFTWARE for backup or archival
purposes. You may terminate this license at any time by destroying the
original and all copies of the SOFTWARE in whatever form. You may
permanently transfer all of your rights under this EULA provided you transfer
all copies of the SOFTWARE (including copies of all prior versions if the
SOFTWARE is an upgrade) and retain none, the recipient agrees to the terms
of this EULA, and you notify BJM Software of the transfer.
3. RESTRICTIONS. Prohibition on Reverse Engineering, Decompilation, and
Disassembly. You may not reverse engineer, decompile, or disassemble the
SOFTWARE, except and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation. You may not rent, lease, or lend the
SOFTWARE. You may permanently transfer all of your rights under this EULA, provided
the recipient agrees to the terms of this EULA and you notify BJM Software of the
transfer.
4. SUPPORT SERVICES. BJM Software may provide you with support services related
to the SOFTWARE. Use of Support Services is governed by the BJM Software polices
and programs described in the user manual, in online documentation, and/or other BJM
Software-provided materials. Any supplemental software code provided to you as part of
the Support Services shall be considered part of the SOFTWARE and subject to the
terms and conditions of this EULA. With respect to technical information you provide to
BJM Software as part of the Support Services, BJM Software may use such information
for its business purposes, including for product support and development. BJM Software
will not utilize such technical information in a form that personally identifies you.
5. TERMINATION. Without prejudice to any other rights, BJM Software may terminate
this EULA if you fail to comply with the terms and conditions of this EULA. In such
event, you must destroy all copies of the SOFTWARE.
6. COPYRIGHT. The SOFTWARE is protected by Dutch copyright law and international
treaty provisions. You acknowledge and agree that the SOFTWARE is a proprietary
product of BJM Software. You acknowledge that no title to the intellectual property in
the SOFTWARE is transferred to you. You further acknowledge that title and full
ownership rights to the SOFTWARE will remain the exclusive property of BJM Software
and you will not acquire any rights to the SOFTWARE except as expressly set forth in
this license. You agree that any copies of the SOFTWARE will contain the same
proprietary notices which appear on and in the SOFTWARE.
7. NO WARRANTIES. BJM Software expressly disclaims any warranty for the
SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE
OF THE SOFTWARE REMAINS WITH YOU.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL BJM SOFTWARE OR ITS
SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL,
INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE
DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF BJM
SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
ANY EVENT, BJM SOFTWARE'S LIABILITY FOR ANY CLAIM, WHETHER IN
CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE
GREATER OF EUR 1.00 OR LICENSE FEE PAID BY YOU.
9. SEVERABILITY. Should any term of this license agreement be declared void or
unenforceable by any court of competent jurisdiction, such declaration shall have no
effect on the remaining terms of this agreement.
10. This Agreement is governed by the laws of The Netherlands. Where Dutch law
cannot be enforced, settlement of disputes are subject to the Berne convention. All
disputes will be settled by the competent court of law in The Netherlands.
Should you have any questions concerning this EULA, or if you desire to contact
BJM Software for any reason, please contact BJM Software by mail at: Jachthoeve 19,
3992 NT Houten, Netherlands, by telephone at: +31 (0)30 635 1752, or by electronic
mail at: support@bjmsoftware.com.
© 2003 - 2008 BJM Software