License Agreement

 

 

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SOFTWARE-LICENSE AGREEMENT
BIMCOLLAB ZOOM & BCF MANAGERS
2019-01

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READ THIS SOFTWARE LICENSE AGREEMENT (HEREAFTER THE AGREEMENT) CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY INSTALLING THIS SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE THE SOFTWARE. IN THAT EVENT YOU MAY RETURN THE SOFTWARE TO THE PLACE OF PURCHASE FOR A FULL REFUND. ALL RIGHTS AND WARRANTIES COVERING SOFTWARE ARE STATED IN THIS AGREEMENT.

1. GENERAL. The software and documentation, whether on disk, in " read only" memory, on any other media or in any other form (collectively the " Software ") are licensed to you, not sold, by KUBUS BV (hereinafter called "KUBUS" ) for use bound to the terms of this agreement, and KUBUS reserves all rights not explicitly granted to you. The rights granted herein are limited to the intellectual property of KUBUS and do not include any other rights. The media which contain the Software is your property. All proprietary rights to the Software and the related materials belong to KUBUS, unless otherwise stated. The license does not give you any ownership or title to the Software or any related materials. All intellectual property rights associated with or arising from the Software including copyright, trade secrets, patents and trademarks belong to KUBUS unless otherwise stated. The Software is protected by copyright laws, international treaty provisions, and all other applicable national laws. The terms of this Agreement also apply to any software upgrades provided by KUBUS to replace or supplement the original Software, unless such upgrade is accompanied by a separate agreement, in which case the terms of that separate agreement apply.

2. PERMITTED USE AND RESTRICTIONS. Under this Agreement, you may install and use the Software on the number of computers and during the time you purchase. It is allowed to use the Software for the (re)production of material provided that such material is not copyrighted or for which you own the copyright, or materials you are authorized or legally permitted to reproduce. It is not permitted to make the Software available over a network in such way it can be used simultaneously on more computers then the number of purchased user-licenses. You are permitted to make copies of the Software in machine-readable form for backup purposes only, provided that the backup copy contains the full copyright notices. Unless expressly permitted in this Agreement or by applicable law, you may not copy the Software in whole or in part, decompile or disassemble, modify or reverse engineer to recreate the Software or derivatives of it.

3. SOFTWARE TRANSFER. Intern. You may move your copy of the Software to another device. After transfer, you must completely remove the Software from the previous device by deactivating the Software. Transfer to a third party. You may not (do) rent, (do) lease, use (do) display, redistribute or give this Software. You are permitted once to transfer all your rights to the Software permanent to a third party, provided that (a) the transfer relates to the entire Software, including all component parts, original media, printed materials and this Agreement, (b) you do not keep complete or partial copies of the Software, including copies stored on a computer or other storage device; (c) the party receiving the Software accepts the terms of this and (d) KUBUS immediately is informed about this transfer.

4. CONSENT TO USE OF DATA. You agree that KUBUS collect technical information about your computer. This information is gathered periodically to check against the conditions of this Agreement and is in such form you cannot be identified. KUBUS may use this information to guard against abuse.

5. THIRD PARTY INFORMATION. The information used in the software may include materials from third parties or links to certain third party websites. You acknowledge and agree that KUBUS is not liable for such content and that it is not KUBUS task to inspect and evaluate such content. Links to other websites are provided solely for your convenience. You agree that you will not use this content in a manner that infringes the rights of any other party or such rights harm in any way, third party materials.

6. TERMINATION. This agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from KUBUS, if you do not meet one or more of the terms of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Software and destroy all copies of the Software in your possession.

7. LIMITED WARRANTY ON MEDIA. KUBUS warrants the media on which the Software for a period of ninety (90) days from the date of original retail purchase, under normal use, against defects, in which KUBUS will replace the media free of charge.

8. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law and subject to the provisions above, KUBUS or its suppliers are not liable for any damages (including, but not limited to damages for loss of profits, business interruption, loss of business information or other pecuniary loss) by using the Software, even if KUBUS was aware of the possibility of such damages. Total liability of KUBUS under any provision contained in this Agreement is in any case limited to the amount actually paid by you for the Software.

9. EXPORT CONTROLS. You are not permitted to export or reexport the Software. You also agree that you will not use the Software for purposes prohibited by the laws of the Dutch state including, but not limited to, the development, design, manufacturing or production of nuclear, chemical or biological weapons.

10. APPLICABLE LAW AND SEVERABILITY. This License Agreement shall be construed as under and governed in accordance with the laws of The Netherlands. Both parties agree that the exclusive jurisdiction and venue of any lawsuit between them shall be a court sitting in The Netherlands. When the Dutch court decision is not enforceable KUBUS may elect another jurisdiction for legal remedy. In the event that any part of this Agreement is declared not to be binding by a competent court the remaining provisions of this Agreement shall continue to be in effect.

11. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN KUBUS AND YOU, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN KUBUS AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.


18-03-2019
© KUBUS BV