Software License Agreement


PLEASE READ CAREFULLY THE FOLLOWING LEGAL AGREEMENT BEFORE YOU START INSTALLING, COPYING OR OTHERWISE DOWNLOADING AND USING THE SOFTWARE: THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (“LICENSEE”) AND BIZTEG SOLUTIONS LIMITED (“BIZTEG”) AND IS EFFECTIVE UPON YOUR ACCEPTANCE. BY CLICKING THE ACCEPT BUTTON OR ENTERING CORRESPONDING SYMBOLS(-s), INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. SUCH ACTION IS A SYMBOL OF YOUR SIGNATURE AND YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. YOUR CONTINUOUS USE OF THIS SOFTWARE IS SUBJECT TO YOUR ACCEPTANCE WITHOUT MODIFICATION OF ALL THE TERMS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK ON THE “I AGREE” BUTTON AND DO NOT DOWNLOAD OR USE THE SOFTWARE.

INTRODUCTION

This End User License Agreement (‘EULA’) is a legally binding agreement between you (either an individual or a single entity) and BIZTEG with regard to the copyrighted software/digital asset (herein referred to as the ‘Software’) provided by BIZTEG with this EULA. The Software includes computer software, the associated media, any printed materials, and any ‘online’ or electronic documentation and materials. Use of the Software provided to you by BIZTEG in whatever form or media, will constitute your acceptance of these terms, together with BIZTEG’s Terms and Conditions and Privacy Policy, subject to any additional or different terms that may be provided by the software suppliers. By installing, copying or otherwise using the Software provided by BIZTEG, you are deemed to have agreed to and are bound by the terms of this EULA.

IT IS AGREED as follows:

1. Eligible Licensees
   1. he Software is available for license solely to legitimate owners or registered users of the applicable Software, with no right of duplication or further distribution, licensing, or sub-licensing
   2. The licensee must ensure that any person using the Software is made aware of, and agrees to, the terms of this EULA.
   3. You have the right to make a copy of the Software solely for backup purposes and only to replace the legally owned copy if such copy is lost, destroyed or becomes unusable. This backup copy cannot be used for other purposes and must be destroyed when you lose the right to use the Software or when your license expires or is terminated for any other reason according to the legislation in force in the country of your principal residence or in the country where you are using the Software.
   4. Your License to Use the Software is limited to the period of time that was specified during acquisition. In the expiration period described in this clause the Software may be automatically deactivated and enter into an inactive state or continue working with limited functionality.
   5. Without prejudice to any other remedy in law or in equity that BIZTEG may have, in the event of any breach by you of any of the terms and conditions of this Agreement, BIZTEG shall at any time without notice to you be entitled to terminate this License to use the Software without refunding the purchase price or any part thereof.


2. Grant of License
   1. BIZTEG grants you a non-transferable and non-exclusive right to download, install and use the copy of the Software and subject to the other provisions of this EULA.
   2. You undertake:
      (a) not to copy or reproduce the Software except as necessary to use it on a single desktop computer, tablet computer or smartphone;
      (b) not to copy or reproduce the printed materials accompanying the Software;
      (c) not to create any derivative work based on the Software;
      (d) not to attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting, to reverse compile, modify, translate or disassemble the Software in whole or in part.
   3. Modifying, translating, renting, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other person; and removing any proprietary notices, labels or marks from the Software is strictly prohibited.
   4. You may not transfer the Software or any rights granted hereunder.
   5. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion to BIZTEG of all the rights granted hereunder.
   6. From the time of the Software activation, you have the right to receive the following services for the defined period specified on the Software package:
      (a) Updates of the Software via the Internet when and as BIZTEG publishes them on its website or through other online services. Аny Updates that you may receive become part of the Software and the terms and conditions of this Agreement apply to them;
      (b) Technical Support via the Internet.


3. Copyright
   1. The Software is only licensed, not sold.
   2. You acknowledge that no title to the intellectual property in the Software is transferred to you.
   3. You further acknowledge that title and full ownership rights to the Software remain the sole and exclusive property of BIZTEG, and you will not acquire any rights to the Software, except as expressly set forth above.
   4. All copies of the Software will contain the same proprietary notices as contained in or on the Software.
   5. The Software is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the Software.
   6. You must not sell, resell, rent, lease, loan, supply, distribute, redistribute, publish or re-publish the Software or any part of the Software.


4. Disclaimer of Warranty
   1. The Software is provided ‘AS IS’ without warranty of any kind whatsoever.
   2. BIZTEG disclaims and makes no express or implied warranties or representations; and specifically disclaims any warranties of merchantability, fitness for a particular purpose and/or non-infringement of third-party rights.
   3. The entire risk of installing and/or using the Software, whether as to quality, performance or otherwise, is with you solely.
   4. BIZTEG will not warrant that the functions contained in the Software will meet your purpose or requirements; or that the operation of the Software will be uninterrupted or error-free.
   5. BIZTEG is not obligated to provide any updates to the Software.
   6. BIZTEG will not provide any on-site support under this EULA.
   7. If the Software makes use of the ‘Push Notification Service’ for receiving updates from BIZTEG, BIZTEG does not guarantee the successful or timely reception of any such notifications by users. You should not rely on the Software as the only means for reception of notifications from BIZTEG.
   8. BIZTEG is not responsible for your expense charged by your network service provider for using the online function in the Software.
   9. BIZTEG will not warrant the accuracy of the information and/or completeness of the function provided by or connected with third party provider in this Software.
   10. The BIZTEG guarantees that the Software will substantially perform according to the specifications and descriptions set forth in the User Manual provided however that such limited warranty shall not apply to the following:
       (a) Your Computer’s deficiencies and related infringement for which BIZTEG’s expressly disclaims any warranty responsibility;
       (b) malfunctions, defects, or failures resulting from misuse; abuse; accident; neglect; improper installation, operation or maintenance; theft; vandalism; acts of God; acts of terrorism; power failures or surges; casualty; alteration, non-permitted modification, or repairs by any party other than BIZTEG; or any other third parties’ or your actions or causes beyond BIZTEG’s reasonable control;
       (c) any defect not made known by you to BIZTEG as soon as practical after the defect first appears;
       (d) incompatibility caused by hardware and/or software components installed on your Computer.
   11. BIZTEG does not guarantee that the Software will work correctly if You do not regularly download Updates specified in Clause 2.6 of this Agreement.
   12. You acknowledge that the Software will be provisioned with BIZTEG standard settings applied by default and that it is your sole responsibility to configure the Software to satisfy your own requirements.
   13. The software is provided "as is" and BIZTEG makes no representation and gives no warranty as to its use or performance. Except for any warranty, condition, representation or term the extent to which cannot be excluded or limited by applicable law. BIZTEG and its partners make no warranty, condition, representation, or term (expressed or implied, whether by statute, common law, custom, usage or otherwise) as to any matter including, without limitation, non-infringement of third-party rights, merchantability, satisfactory quality, integration, or applicability for a particular purpose. You assume all faults, and the entire risk as to performance and responsibility for selecting the software to achieve your intended results, and for the installation of, use of, and results obtained from the software. Without limiting the foregoing provisions, BIZTEG makes no representation and gives no warranty that the software will be error-free or free from interruptions or other failures or that the software will meet any or all of your requirements whether or not disclosed to BIZTEG.


5. Exclusion and Limitation of Liability
   1. BIZTEG's entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any.
   2. In no event shall BIZTEG or its suppliers be liable to you for any consequential, special, incidental or indirect losses or damages of any kind (including without limitation loss of business profits, opportunity or information; business interruption or other pecuniary loss) arising out of the use or inability to use the Software, even if BIZTEG has been advised of the possibility of such damages; or any claim by a third party.
   3. To the maximum extent permitted by applicable law, in no event shall BIZTEG or its partners be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for loss of privacy, for corruption, damage and loss of data or programs, for failure to meet any duty including any statutory duty, duty of good faith or duty of reasonable care, for negligence, for economic loss, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the software, the provision of or failure to provide support or other services, information, software, and related content through the software or otherwise arising out of the use of the software, or otherwise under or in connection with any provision of this agreement, or arising out of any breach of contract or any tort (including negligence, misrepresentation, any strict liability obligation or duty), or any breach of statutory duty, or any breach of warranty of BIZTEG or any of its partners, even if BIZTEG or any partner has been advised of the possibility of such damages.
      
      You agree that in the event BIZTEG and/or its partners are found liable, the liability of BIZTEG and/or its partners shall be limited by the costs of the software. In no case shall the liability of BIZTEG and/or its partners exceed the fees paid for the software to BIZTEG or the partner (as may be applicable). 
      
      Nothing in this agreement excludes or limits any claim for death and personal injury. Further in the event any disclaimer, exclusion or limitation in this agreement cannot be excluded or limited according to applicable law then only such disclaimer, exclusion or limitation shall not apply to you and you continue to be bound by all the remaining disclaimers, exclusions and limitations.


6. Upgrades
   1. If the Software is an upgrade from an earlier release or previously released version, you may only use that upgraded version in accordance with this EULA.
   2. BIZTEG has no obligation to provide any support for the Software in relation to any version of the Software that does not incorporate the most recent upgrade to the Software.


7. General
   1. This EULA shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region (‘HKSAR’).
   2. Any disputes relating to this EULA shall be subject to the exclusive jurisdiction of the courts of HKSAR.
   3. The clause headings in this agreement are for reference only and do not affect the interpretation of this EULA.
   4. For enquiry, please contact us by email to [email protected].