and Warranty Terms PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE
DOWNLOADING THE SOFTWARE ("SOFTWARE") AND ACCOMPANYING DOCUMENTATION
("DOCUMENTATION") FROM THIS WEB SITE. BY DOWNLOADING THE
SOFTWARE AND/OR DOCUMENTATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT,
DO NOT DOWNLOAD THE SOFTWARE OR THE DOCUMENTATION. 1. License. (a) Grant. BMSoft EOOD ("BMSoft EOOD") hereby
grants you a non-exclusive, non-transferable and non-sublicenseable right and
license during the term of this Agreement to use one copy of the Software,
including all supporting Documentation.
(b) Restrictions. You hereby agree not to use the
Software or Documentation for any purpose other than as set forth in 1(a),
without separate authorization in writing from BMSoft EOOD and payment of
applicable license fees.
In particular (and to the fullest extent permitted by law), you agree not to
attempt to decompile, decipher or disassemble the Software or to otherwise
reverse engineer the Software (or knowingly permit others to do so), or to use
the Software or Documentation for any commercial purpose. You shall not
copy the Software or Documentation, in whole or in part, except as necessary
to use or archive the Software. 2. Ownership. Except for the limited rights expressly granted to
you under Section 1, (i) BMSoft EOOD reserves all rights, title and
interests in and to the Software and Documentation, (ii) no right, title,
ownership, interest or license in or to the Software and Documentation, whether
by implication, estoppel or otherwise, is granted, assigned or transferred to
you under or in connection with this Agreement. You acknowledge and agree
that the Software and the Documentation are proprietary products of BMSoft EOOD
protected under U.S. copyright, patent and trademark law. You further
acknowledge and agree that all rights, title, and interest in and to the
Software and the Documentation, including associated intellectual property
rights, are and shall remain with BMSoft EOOD. By downloading the Software and
Documentation, you waive any claim to or proprietary interest in the technology. 3. Notice. The Software and the Documentation contain copyrighted
material, trade secrets and other proprietary information of BMSoft EOOD, and may be
covered by pending and issued patents. You agree not to remove or destroy
any patent, copyright or other proprietary rights notices contained in or on the
Software. 4. Protection of Data. You shall have the sole
responsibility for adequate protection and backup of your data used in
connection with the Software, and you shall not have any claim against BMSoft EOOD for
lost data, work delays or lost profits resulting from the use of the
Software. 5. No Warranty. There is no warranty.
THE SOFTWARE AND DOCUMENTATION ARE LICENSED "AS IS,"
AND INMON DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL INMON BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, EXEMPLARY,
PUNITIVE, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OR COSTS (INCLUDING WITHOUT
LIMITATION ATTORNEYS' OR EXPERTS' FEES), INCLUDING WITHOUT LIMITATION LOSS OF
DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL,
DIRECT OR INDIRECT DAMAGES ARISING FROM THE USE OF THE SOFTWARE OR THE
DOCUMENTATION OR OTHERWISE ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER
OR NOT INMON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. 6. Term. (a) Term. The term of this Agreement shall commence upon
your downloading the Software and/or Documentation
and will continue in effect until terminated by
either party in accordance with Section 6(b). (b) Termination. You may terminate this Agreement at any
time by returning the Software and Documentation to BMSoft EOOD and certifying to
BMSoft EOOD in writing that the Software and Documentation have been destroyed.
Termination of this Agreement shall not relieve you of any obligations set
forth in this Agreement with respect to the protection of the Software and
Documentation, and all such obligations shall continue in accordance with the
terms of this Agreement in perpetuity. 7. No Assignment. You shall not assign, transfer or pledge
this Agreement, or any interest, license or rights of any kind herein, in any
manner without the prior written consent of BMSoft EOOD. 8. Independent Contractor. This Agreement does not create any
agency, employment, partnership, joint venture, franchise or other similar or
special relationship between the parties. Neither party will have the
right or authority to assume or create any obligations or to make any
representations, warranties or commitments on behalf of the other party or its
affiliates, whether express or implied, or to bind the other party or its
affiliates in any respect whatsoever. 9. Attorneys' Fees. In the event of any litigation or
other legal proceedings between you and BMSoft EOOD arising under or relating to this
Agreement, the prevailing party therein shall be entitled to recover its
attorneys' and experts' fees and costs in addition to any other relief to which
it may be entitled. 10. Severability. If any provision of this Agreement or
portion thereof is determined by a court of competent jurisdiction, or declared
under any law, rule or regulation of any government having jurisdiction over the
parties hereto, to be invalid, illegal or otherwise unenforceable, then such
provision will, to the extent permitted by the court or government not be voided
but will instead be construed to give effect to its intent to the maximum extent
permissible under applicable law and the remainder of this Agreement will remain
in full force and effect according to its terms. 11. Entire Agreement; Waiver. This Agreement constitutes the
entire agreement between you and BMSoft EOOD concerning its subject matter and
supersedes any and all prior or contemporaneous, written or oral negotiations,
correspondence, understandings and agreements between you and BMSoft EOOD respecting
the subject matter of this Agreement. No waiver of any of the provisions
of this Agreement shall be deemed, or shall constitute, a waiver of any other
provision, whether or not similar, nor shall any waiver constitute a continuing
waiver. No waiver shall be binding unless executed in writing by the party
END USER LICENSE AGREEMENT