| EULA |
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END USER LICENSE AGREEMENT FOR THE BLUE FRONTIER SOFTWARE BLUE FRONTIER EXPRESS This End User Licence Agreement ("EULA") is a legal agreement between you, the end user (either an individual, or a legal entity such as a Company) and Blue Frontier Limited ("BLUE FRONTIER"), a Limited Company registered in England, which includes computer software, sample applications and electronic documentation (collectively the "SOFTWARE")Read the EULA carefully before completing the installation process and using the SOFTWARE. If you did not obtain this copy of the SOFTWARE legally, please destroy the copy immediately. 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, BLUE FRONTIER is unwilling to license the SOFTWARE. In such event, you may not install, copy or otherwise use the SOFTWARE. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. 1. LicenseSubject to the terms and conditions of this EULA, BLUE FRONTIER grants you, LICENSEE, a non-exclusive, non-transferable limited license to install and use one (1) copy of the SOFTWARE, solely for testing or evaluation purposes or to use (1) copy of the SOFTWARE on a single computer only for commercial purposes, unless specifically authorised in writing by BLUE FRONTIER. You may make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond your premises. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the SOFTWARE that BLUE FRONTIER may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. BLUE FRONTIER reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software. This SOFTWARE may include copy protection technology to prevent unauthorised copying or may require original media for use of the SOFTWARE. It is illegal to circumvent any copy protection technology included in the SOFTWARE. It is illegal to make unauthorised copies of the SOFTWARE. 2. RestrictionsLICENSEE may NOT: (i) Rent, lease, lend, transfer, distribute or otherwise transfer rights to the SOFTWARE for commercial purposes, unless specifically authorised in writing by BLUE FRONTIER. (ii) Permit access to copies of the SOFTWARE by third parties. (iii) Remove any proprietary notices or labels on the SOFTWARE, unless specifically authorised in writing by BLUE FRONTIER. (iv) Reverse engineer, decompile, alter, adapt or disassemble the SOFTWARE or create derivative works of any part of the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law. 3. OwnershipThe SOFTWARE is licensed, NOT sold. The foregoing EULA gives LICENSEE limited rights to use the SOFTWARE. All rights, title and interest, including all copyrights, in and to the SOFTWARE and any copies LICENSEE is permitted to make herein are exclusively owned by BLUE FRONTIER. BLUE FRONTIER retains all rights not expressly granted to LICENSEE in this EULA. This EULA does not grant you any rights in connection with any trademarks or service marks of BLUE FRONTIER or its suppliers. 4. Product SupportBLUE FRONTIER may provide you with product support services related to the Software. Use of any such support services is governed by the BLUE FRONTIER policies and programs described in the user manual, in online documentation, on BLUE FRONTIER's support webpage, or in other BLUE FRONTIER-provided materials. Any software BLUE FRONTIER may provide you as part of support services are governed by this EULA, unless separate terms are provided. Except as specifically provided, this EULA does not obligate BLUE FRONTIER to provide any support services or to support any software provided as part of those services. You agree that BLUE FRONTIER may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. BLUE FRONTIER may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you. 4. Disclaimer of WarrantiesTHE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUE FRONTIER DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF PERFORMANCE OR MERCHANDABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. ANY OTHER SOFTWARE, ANY OTHER HARDWARE, AND ANY OTHER WRITTEN MATERIAL FURNISHED WITH OR ACCOMPANYING THE SOFTWARE IS NOT WARRANTED BY BLUE FRONTIER. BLUE FRONTIER DOES NOT WARRANT THAT THE SOFTWARE WILL MEET LICENSEE REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE. 5. Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLUE FRONTIER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR CAUSED BY THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF BLUE FRONTIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Entire AgreementThis EULA constitutes the entire agreement between LICENSEE and BLUE FRONTIER and supersedes any other prior agreements or understandings, whether oral or written, regarding the SOFTWARE. If a provision of this agreement is deemed null and void, invalid or without effect, the remainder of this agreement shall remain in effect. This Agreement shall be governed by and construed under UK law. 7. TerminationWithout prejudice to any other rights, BLUE FRONTIER may terminate this EULA if the licensee fails to comply with the terms and conditions of this EULA. In such an event, the LICENSEE must destroy all copies of the SOFTWARE and all of its component parts. |
