End-User License Agreement
Important! Read the following terms carefully before installing, copying and/or using the product. Installing, copying or using the product indicates your acceptance of these terms.
This End-User License Agreement ("EULA") is a legal agreement between you, the end user of the license rights granted herein, and B LABS governing the use of the server-side software (SERVER SOFTWARE) and client-side software (CLIENT SOFTWARE) both mentioned below as SOFTWARE accompanying this EULA, including any and all associated media, printed materials, and "online" or electronic documentation protected by copyright laws. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree with the terms of this EULA, do not use the SOFTWARE. You may obtain a refund of the amount you originally paid if you:
(i) Do not use the SOFTWARE, and
(ii) Return the SOFTWARE, including all of the above-mentioned documentation, media and packaging, with the proof of payment, to the place where you bought the SOFTWARE, within the term provided by the law of the country and the return policy of the location in which you purchased the SOFTWARE.
1. Grant of License
1.1 Subject to your compliance with the terms of this EULA, B LABS grants you, the end user, a non-exclusive license enabling you to use the SOFTWARE.
1.2 All conditions stated below apply both to the SOFTWARE as a whole and to all of its separate components.
2. License
2.1 B LABS represents, warrants and guarantees that it has the full right, power, legal capacity, ability and authority to license and distribute the SOFTWARE, including all the images, photos, animations, audio-video components, sound, text and "applets" incorporated into the SOFTWARE, as well as the accompanying printed materials and all of the SOFTWARE copies.
2.2 The SOFTWARE contains valuable trade secrets and confidential information belonging to B LABS and is protected by copyright, including, without limitation, by United States Copyright Law, international treaty provisions, and the applicable laws of the country in which it is being used. Any use of the SOFTWARE outside of or in contravention of the terms and conditions of this EULA shall constitute a breach of B LABS's intellectual property rights and shall give cause for the revocation of all rights to use the SOFTWARE granted to you under this EULA.
2.3 You may make a one-time permanent transfer of this EULA and SOFTWARE only directly to an end user/company. This transfer must include all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades and LICENSE KEY file (described in article 6.1) for the purchased SOFWTARE). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE. You must uninstall the SOFTWARE from your computers or from your Local Area Network in the case of such SOFTWARE transfer.
3. Using the SOFTWARE
3.1. In the case of a stand-alone installation you may not install the SERVER SOFTWARE on any other computers except a single installation on a company's server computer or your home computer.
3.2. You may install and use the CLIENT SOFTWARE simultaneously on a limited number of computers at the same time. The number of CLIENT SOFTWARE that supported by the SERVER SOFTWARE is provided to you by a LICENSE KEY file.
4. Dual-Media SOFTWARE
4.1 You may receive the SOFTWARE on more than one medium, including downloads over the Internet. Regardless of the number of media you receive, you are only licensed to use one copy of the SERVER SOFTWARE and a limited number of the CLIENT SOFTWARE supported by your LICENSE KEY file in accordance with Section 3 of this EULA.
5. Redistribution of the SOFTWARE
5.1 The SOFTWARE trial version may be freely distributed, with exceptions noted below, provided the distribution package is not modified. No person or company may charge a fee for the distribution of the SOFTWARE without written permission from B LABS. Trial version may not be bundled or distributed with any other package without written permission of B LABS. You may not sell or grant an access to third parties such as LICENSE KEY file (except as described in article 2.3), rent, lease, or lend the SOFTWARE.
6. Limitations
6.1 Purchase. You acknowledge that the SOFTWARE is protected from unauthorized copying and unlimited use. You may not be able to exercise your rights to the SOFTWARE under this EULA unless you purchase your copy of the SOFTWARE. When you purchase the SOFTWARE you receive an unique LICENSE KEY file within 24-72 hours after your payment of the SOFTWARE is transferred. A LICENSE KEY file is provided by B LABS and includes a number of the CLIENT SOFTWARE supported by your single installation of the SERVER SOFTWARE. B LABS agrees to provide all the instructions and step-by-step information on how to set and use a LICENSE FILE in the SOFTWARE.
6.2 All usage terms and limitations governing the use of the SOFTWARE are stated in Section 3 of this EULA, unless otherwise stipulated in a separate agreement with B LABS.
6.3 You may not perform or make it possible for other persons to perform any activities included in the list below:
6.3.1 Disassemble or decompile (i.e. extract the source code from the object code) the SOFTWARE (applications, databases, and other SOFTWARE components), except, and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation.
6.3.2 Modify the SOFTWARE, including making changes to the object code of the applications and databases contained in the SOFTWARE other than those provided for by the SOFTWARE and described in the documentation.
6.3.3 Transfer any rights granted to you hereby and other rights related to the SOFTWARE to any other person, except as described in article 2.3.
6.3.4 Make it possible for any person not entitled to use the SOFTWARE and working in the same multi-user system as you to use the SOFTWARE.
7. Support Services
7.1 B LABS will provide you with support services related to the SOFTWARE ("Support Services") as stated in the current B LABS Technical Support Policy. The latest version of the B LABS Technical Support Policy is available on the B LABS Web site. B LABS retains the right to make changes to its Technical Support Policy without prior notice.
7.2 Any supplementary software code provided to you as part of Support Services is to be considered as part of the SOFTWARE and subject to the terms and conditions of this EULA.
7.3 To be eligible for Support Services, you are required to provide B LABS with information about the characteristics of network settings and computer, as well as standard personal details including your name, company name (if applicable), address, phone number and e-mail address.
7.4 B LABS may use the above-mentioned information for its business purposes, including, but not limited to, product support and development, provided that B LABS does not utilize such information in any form that personally identifies you.
8. Not for Resale Software
8.1 If the SOFTWARE is labelled "Not for Resale" or "NFR", then, notwithstanding other sections of this EULA, you may only use such SOFTWARE for demonstration, verification or testing purposes.
9. Software for Trial Purposes
9.1 If the SOFTWARE is labelled "Try&Buy", "Trial" or "Demo", then this section shall apply until such time that you purchase a license for the full retail version of the SOFTWARE. You acknowledge that the SOFTWARE has limited functionality and/or functions for a limited period of time. The SOFTWARE is licensed on an "as is" basis, solely as a demonstration model. If the SOFTWARE is a timeout version, its functionality will be disabled after a designated period of time following the installation, this period being specified in the SOFTWARE. Upon such timeout date, the license hereunder shall be terminated, unless extended by B LABS upon your purchase of a full retail license from B LABS.
10. Upgrades
10.1 If the SOFTWARE is labelled as an upgrade, you must be properly licensed to use a product identified by B LABS as being eligible for the upgrade in order to use the SOFTWARE.
10.2 The SOFTWARE labelled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade.
10.3 Once you have installed the upgraded product, your previous EULA is considered null and void.
10.4 You may only use the resulting upgraded product in accordance with the terms of the EULA supplied with the product.
10.5 You acknowledge that any obligation B LABS may have to support the version of the SOFTWARE being upgraded shall end upon the availability of the upgrade.
11. Termination
11.1 Without prejudice to any other rights, B LABS may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
11.2 In such an event, you must destroy all copies of the SOFTWARE, all of its component parts and uninstall the SOFTWARE.
12. Warranties and Indemnifications
12.1 B LABS warrants that the media on which the SOFTWARE is furnished will be free from defects in materials and workmanship under normal use for a period set by the legislation of the country in which you purchased the SOFTWARE starting from the date of purchase or distribution. If the SOFTWARE was purchased in the Russian Federation, this period will constitute 60 days starting from the date of purchase or distribution.
12.2 In all other respects, the SOFTWARE is supplied "as is". B LABS does not guarantee that the SOFTWARE will carry no errors, nor will it take on any liability for damages, either direct or indirect, including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss resulting from the use of the SOFTWARE, or damages caused by possible errors or misprints in the SOFTWARE.
12.3 B LABS does not warrant that the SOFTWARE will meet your requirements or that the SOFTWARE will function properly when used in conjunction with any other software or hardware.
12.4 Except as expressly provided herein, B LABS makes no other warranties, either expressed or implied, regarding the SOFTWARE, its merchantability, or its fitness for any particular purpose, and the entire risk as to the quality and performance of the SOFTWARE lies with you.
12.5 In any event, B LABS's sole obligation or liability under this EULA, regardless of the nature of the events that resulted in such an obligation or liability, shall not exceed the purchase price originally paid for the SOFTWARE.
13. Export Rules
13.1 The SOFTWARE shall not be exported or re-exported in violation of any export provisions of the country, where the SOFTWARE was purchased, or any other applicable legislation.
14. Governing Law
14.1 If the SOFTWARE was purchased in the United States, Canada, Mexico, Japan or Taiwan, this EULA shall be governed by and construed in accordance with the substantial laws in force in the courts of Santa Clara County, State of California, United States of America.
14.2 If the SOFTWARE was purchased in Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Portugal, Spain, Sweden, the United Kingdom, or any other member state of the European Union that is not mentioned in article 14.3 or 14.4 of this EULA, or in Switzerland, Norway, Iceland or Liechtenstein, this EULA shall be governed by and construed in accordance with the substantial laws in force in the courts of Amsterdam, the Netherlands.
14.3 If the SOFTWARE was purchased in Russia, Byelorussia, Kazakhstan or any other country of the CIS, except for Ukraine and Moldova, this EULA shall be governed by and construed in accordance with the substantial laws in force in the courts of Moscow, the Russian Federation.
14.4 If the SOFTWARE was purchased in Albania, Bosnia & Herzegovina, Bulgaria, Croatia, Cyprus, the Czech Republic, Hungary, Israel, Macedonia, Malta, Poland, Romania, Slovakia, Slovenia, Turkey, Yugoslavia (Serbia and Montenegro), Ukraine or Moldova this EULA shall be governed by and construed in accordance with the substantial laws in force in the courts of Moscow, the Russian Federation.
14.5 In the cases described in articles 14.1-14.4, this EULA will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
14.6 If the SOFTWARE was purchased in a country other than the countries specified in articles 14.1-14.4, this EULA shall be governed by and construed in accordance with the substantial laws of the country in which you purchased the SOFTWARE.
15. Miscellaneous
15.1 If you acquired the SOFTWARE via the Internet (including "Not for Resale" and/or "Upgrade" versions):
15.1.1 B LABS expressly disclaims any warranty or liability obligations to you of any kind, and the SOFTWARE, including any related documentation, is provided "as is" without warranty or condition of any kind, either express or implied, including, without limitation, the implied warranties and conditions of merchantability, fitness for any particular purpose, or non-infringement;
15.1.2 B LABS shall not provide you with any printed materials, including the User's Guide;
15.1.3 You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the SOFTWARE.
15.2 Remuneration, according to this EULA, is defined as the purchase price of the SOFTWARE required by B LABS or its distributors and must be paid on the conditions established by them.
15.3 This EULA comes into force when you accept all the conditions stated herein by choosing the "I accept the terms of the license agreement" declaration followed by the "Next" command on your computer screen, and is binding for the entire period of the SOFTWARE copyright.
15.4 If you do not agree with the terms and conditions of this EULA, choose the "I do not accept the terms of the license agreement" declaration and proceed by selecting the "Cancel" command.
15.5 B LABS guarantees that all the personal information you provide when installing, purchased and registering the SOFTWARE will be stored and used strictly within B LABS.
16. Government Use
16.1 If use is made of the SOFTWARE by the United States Government or any US Government agency, the following additional terms shall apply: (1) Restricted Computer Software, as defined in the Rights in Data-General clause at Federal Acquisition Regulations 52.227-14; and (2) any use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.
