BIC Marketing Development
General Software License Agreement
Copyright (c) 1999 - 2013 BIC Marketing Development.
Redistribution of this copyrighted material in any form is forbidden.
Notice to User:
This End User License Agreement (EULA) is a CONTRACT between you (either an individual or a single entity) and BIC Marketing Development, which covers your use of the BIC Marketing Development software product that accompanies this EULA and related software components, which may include associated media, printed materials, and "online" or electronic documentation. All such software and materials are referred to herein as the "Software Product." A software license, issued to a designated user only by BIC Marketing Development or its authorized agents, is required for each user of the Software Product. If you do not agree to the terms of this EULA, then do not install or use the Software Product or the Software Product License. By explicitly accepting this EULA, however, or by installing, copying, downloading, accessing, or otherwise using the Software Product and/or Software Product License, you are acknowledging and agreeing to be bound by the following terms:
1. GRANT OF NON-EXCLUSIVE LICENSE.
(a) Software Product License. The Software Product License, which is issued to a designated user, enables such designated user to use the Software Product on a single installation on a single Internet domain. Additional installations require additional licenses. You may not modify or create derivative copies of the Software Product License.
(b) Grant of License. Subject to a validly issued Software Product License, BIC Marketing Development grants to you the non-exclusive, non-transferable right for you to use the Software Product on a single Internet domain. You may not modify or create derivative copies of the Software Product. All rights not expressly granted to you are retained by BIC Marketing Development.
(c) Backup Copy: Software Product. You may make copies of Software Product as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.
2. INTELLECTUAL PROPERTY RIGHTS RESERVED BY BIC Marketing Development.
The Software Product is protected by U.S. and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Software Product. This Software Product copy is licensed, not sold. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of BIC Marketing Development. BIC Marketing Development reserves all intellectual property rights, including copyrights, and trademark rights.
You may sublicense the Software and Your rights under this license to another party provided that:
4. PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, defeat license encryption mechanisms, disable license enforcement procedures, or disassemble the Software Product except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. LICENSE ENFORCEMENT
This Software Product requires a valid license number to operate correctly. Licenses must be registered to a server name and IP and it is the Purchasers responsibily to ensure the license information is kept up to date. This Software Product contains procedures that are designed to help enforce this EULA. We reserve the right to monitor and record the license number, ip, domain name, and/or server name of license violators by sending this information to our license servers from the Software Product. We will never have access to any further information or the installed Software Product itself. ANY ATTEMPT TO TAMPER WITH OR DISABLE ANY LICENSE ENFORCEMENT MECHANISMS WILL RESULT IN IMMEADIATE TERMINATION OF YOUR LICENSE.
6. SUPPORT SERVICES.
BIC Marketing Development may provide you with support services related to the Software Product. Use of any such support services is governed by the BIC Marketing Development polices and programs described in "online" documentation and/or other BIC Marketing Development-provided materials. Any supplemental software code or related materials that BIC Marketing Development provides to you as part of the support services is to be considered part of the Software Product and is subject to the terms and conditions of this EULA. With respect to any technical information you provide to BIC Marketing Development as part of the support services, BIC Marketing Development may use such information for its business purposes without restriction, including for product support and development. BIC Marketing Development will not use such technical information in a form that personally identifies you.
7. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS.
BIC Marketing Development may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
8. NO WARRANTIES.
YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS," AND BIC Marketing Development (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIC Marketing Development (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
9. LIMITATION OF LIABILITY.
THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL BIC Marketing Development (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF BIC Marketing Development HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BIC Marketing Development (AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS') ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00; PROVIDED, HOWEVER, THAT IF YOU HAVE ENTERED INTO A BIC Marketing Development SUPPORT SERVICES AGREEMENT, BIC Marketing Development' ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.
10. GOVERNING LAW; ENTIRE AGREEMENT.
This EULA is governed by the laws of the State of New York, U.S.A., excluding the application of its conflict of law rules. The United Nations Convention for the International Sale of Goods shall not apply. This EULA is the entire agreement between us and supersedes any other communications or advertising with respect to the Software Product; this EULA may be modified only by written agreement signed by authorized representatives of you and BIC Marketing Development.
11. CONTACT INFORMATION
If you have any questions about this EULA, or if you want to contact BIC Marketing Development for any reason, please direct all correspondence to:
BIC Marketing Development
or email: info[at]bicdevelopment[dot]com
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