License Agreement for Hibero
IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT DOWNLOAD OR INSTALL THE SOFTWARE, YOU SHOULD NOT USE THE SOFTWARE, AND IF YOU ALREADY DOWNLOADED OR INSTALLED THE SOFTWARE YOU SHOULD REMOVE THE SOFTWARE FROM YOUR SYSTEM AND DESTROY ALL COPIES.
Upon Your acceptance of this License Agreement (the "Agreement"), Beto Software grants to You a non-exclusive and non-transferable license to use the Software, provided that You agree to the following:
1. PARTIES
"Beto Software" means Beto Software S.L., a Spanish company with its principal offices located at Teatro 25 At-E, Alicante, 03001, Spain.
"You" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this Agreement. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
2. DEFINITIONS
"Software" means the binary code of Hibero with its Documentation.
"License Key" means a key-code enabling use of the Software.
3. GRANT OF LICENSE
The Software is the property of Beto Software or its suppliers. The Software is licensed, not sold. Title and copyrights to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Beto Software and its suppliers.
The Software is protected by European Union Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in the Software are the valuable and confidential trade secrets of Beto Software and its suppliers and are protected by intellectual property laws and treaties. You agree to abide by the copyright law and all other applicable laws of the European Union.
Your acceptance of this Agreement gives You certain obligations and limited rights to use the Software as set forth in this Agreement.
You may:
(i) install and run the number of copies of the Software for which the corresponding fee has been paid; each installed copy must be activated with a unique license key;
(ii) make one copy of the Software for archival purposes.
You may not:
(iii) sell, redistribute, encumber, give, lend, rent, lease, sublicense, or otherwise transfer the Software, or any portions of the Software, to anyone without the prior written consent of Beto Software;
(iv) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
(v) use the Software with the same License Key on different computers or operating systems concurrently;
(vi) install the Software on, or run the Software from a network server.
4. RESTRICTED USE DURING EVALUATION PERIOD
You have a nonexclusive, nontransferable license to load and execute the unregistered copy of Software for a period of thirty (30) days (the "Evaluation Period").
The unregistered copy of Software may be used for evaluation and testing purposes only and not for general commercial use.
Customer must pay a license fee for the Software to obtain the right to use the Software for general commercial use and(or) for unlimited period.
The unregistered copy of Software contains a feature that will automatically disable the Software in thirty (30) days after sending the evaluation key to you. If you agree to this Hibero License Agreement and pay the license fee, Beto Software will deactivate this feature. Beto Software will have no liability to you if the Software is disabled by this feature. You may not disable, destroy, or remove this feature of the Software, and any attempt to do so will terminate your license and rights under this Agreement.
5. LIMITED WARRANTY
If You have paid a license fee for the Software, then for a period of thirty (30) days from the date of receipt of the Software, Beto Software warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Beto Software will be free from defects in materials and workmanship.
Beto Software's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Beto Software's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Beto Software's Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional thirty (30) days. Neither these remedies nor any product support services offered by Beto Software are available without proof of purchase from an authorized international source.
EXCEPT FOR THE FOREGOING, THE SOFTWARE IS DELIVERED TO YOU "AS IS" AND BETO SOFTWARE MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BETO SOFTWARE, AND ITS SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
6. DISCLAIMER OF DAMAGES
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL BETO SOFTWARE OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF BETO SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
IN ANY CASE, BETO SOFTWARE'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. TERMINATION
If You fail to comply with the terms and conditions of this Agreement, Beto Software may terminate this Agreement and Your right and license to use the Software. You may terminate this Agreement at any time by notifying Beto Software. Upon the termination of this Agreement, You must delete the Software from Your computer and archives.
YOU AGREE THAT UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, BETO SOFTWARE MAY TAKE ACTIONS SO THAT THE SOFTWARE NO LONGER OPERATES.
8. MARKETING
You agree to be identified as a customer of Beto Software and You agree that Beto Software may refer to You by name, trade name and trademark, if applicable, and may briefly describe Your business in Beto Software's marketing materials and web site. You hereby grant Beto Software a license to use Your name and any of Your trade names and trademarks solely in connection with the rights granted to Beto Software pursuant to this marketing section.
9. GENERAL
Beto Software reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
You agree to abide by the third-party agreements attached hereto. This Agreement, including the third-party agreements, constitutes the entire agreement between the parties concerning Your use of the Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to the Software. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both You and Beto Software.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination.
This Agreement will be governed by the laws of Spain, without reference to conflict of laws principles. You agree that any litigation relating to this Agreement may only be brought in, and shall be subject to the jurisdiction of, any Court of Spain.
Titles are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either Beto Software or You may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and assigns.
For exceptions or modifications to this Agreement, please contact Beto Software at:
Address: Teatro 25 At-E, Alicante, 03001, Spain
Fax: +34-966 354 620, E-mail: sales@betosoftware.com