END USER LICENSE AGREEMENT FOR Fevosoft
IMPORTANT-READ CAREFULLY: Be sure to carefully read and understand all of the
rights and restrictions described in this End-User License Agreement ("EULA").
You will be asked to review and either accept or not accept the terms of the
EULA. This software will not install on your computer unless or until you accept
the terms of this EULA.
Your click of the "I accept the agreement" button is a symbol of your signature
that you accept the terms of the EULA. For your reference, you may refer to the
copy of this EULA that can be found in the Help for this SOFTWARE.
This EULA is a legal agreement between you (either an individual or a single
entity) and Fevosoft ("Beyond Sync") for the Beyond Sync
software accompanying this EULA, which includes the accompanying computer
software, and may include associated media, printed materials and any "online"
or electronic documentation ("SOFTWARE"). By installing the SOFTWARE, you agree
to be bound by the terms of this EULA. If you do not agree to the terms of this
EULA, you may not install or use the SOFTWARE.
SOFTWARE PRODUCT LICENSE
The SOFTWARE is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The SOFTWARE
is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
?Software - You may install, use, access, display, run, or otherwise interact
with ("RUN") one copy of the SOFTWARE, on a single computer, workstation,
terminal, handheld PC, pager, "smart phone," or other digital electronic
?Storage/Network Use - You may also store or install a copy of the SOFTWARE
on a storage device, such as a network server, used only to RUN the SOFTWARE
on your other COMPUTERS over an internal network; however, you must acquire
and dedicate a license for each separate COMPUTER on which the SOFTWARE is
RUN from the storage device. A license for the SOFTWARE may not be shared or
used on different COMPUTERS.
?Reservation of Rights - All rights not expressly granted are reserved by
?Accessing Services Using the SOFTWARE - Your use of any service accessible
using the SOFTWARE is not covered by this EULA and may be governed by
?You must maintain all copyright notices on all copies of the SOFTWARE.
?Limitations of Reverse Engineering, Decompilation and Disassembly. You may
not reverse engineer, decompile, or disassemble the SOFTWARE, except and only
to the extent that such activity is permitted by applicable law
notwithstanding this limitation.
?Rental. You may not rent or lease or lend the SOFTWARE.
?Software Transfer. You may permanently transfer all of your rights under
this EULA one time, provided you retain no copies, you transfer all of the
SOFTWARE (including all component parts, the media and printed materials, any
upgrades, this EULA and, if applicable, the Certificate of Authenticity), you
do not receive any payment or other compensation for transferring the
SOFTWARE and the recipient agrees to the terms of this EULA. If the SOFTWARE
portion is an upgrade, any transfer must include all prior versions of the
?Support Services. Fevosoft may provide you with support services
related to the SOFTWARE ("Support Services"), in its discretion. Use of
Support Services, if any, is governed by the Fevosoft policies and
programs described in the user manual, in "online" documentation, and/or
other Fevosoft-provided materials. Any supplemental software code
provided to you as a part of Support Services shall be considered part of the
SOFTWARE and subject to the terms of this EULA. With respect to technical
information you provide to Fevosoft as part of the Support Services,
Fevosoft may use such information for its business purposes, including
for product support and development. Fevosoft will not utilize such
technical information in a form that personally identifies you except to the
extent necessary to provide you with support.
?Replacement, Modification and Upgrade of the Software. Fevosoft
reserves the right to replace, modify or upgrade the SOFTWARE at any time by
offering you a replacement or modified version of the SOFTWARE or such
upgrade and to charge for such replacement, modification or upgrade. Any such
replacement or modified software code or upgrade to the SOFTWARE offered to
you by Fevosoft shall be considered part of the SOFTWARE and subject to
the terms of this EULA (unless this EULA is superceded by a further EULA
accompanying such replacement or modified version of or upgrade to the
SOFTWARE). In the event that Fevosoft offers a replacement or modified
version of or any upgrade to the SOFTWARE, (a) your continued use of the
SOFTWARE is conditioned on your acceptance of such replacement or modified
version of or upgrade to the SOFTWARE and any accompanying superceding EULA
and (b) in the case of the replacement or modified SOFTWARE, your use of all
prior versions of the SOFTWARE is terminated.
3. TERMINATION. Without prejudice to any other rights, Fevosoft may
terminate this EULA if you fail to comply with the terms and conditions of this
EULA. Fevosoft may terminate this EULA by offering you a superceding EULA
for the SOFTWARE or any replacement or modified version of or upgrade to the
SOFTWARE and conditioning your continued use of the SOFTWARE or such
replacement, modified or upgraded version on your acceptance of such superceding
EULA. In addition, Fevosoft may terminate this EULA by notifying you that
your continued use of the SOFTWARE is prohibited. In the event that Fevosoft terminates this EULA, you must immediately stop using the SOFTWARE and
destroy all copies of the SOFTWARE and all of its component parts.
4. COPYRIGHT. Beyond Sync is protected by United States copyright laws and international
treaty provisions. All title and copyrights in and to the SOFTWARE (including but
not limited to any images, photographs, animations, video, audio, music, text
and "applets," incorporated into the SOFTWARE), the accompanying printed
materials, and any copies of the SOFTWARE, are owned by the respective content
owner. All title and intellectual property rights in and to the content which
may be accessed through use of the SOFTWARE is the property of the respective
content owner and may be protected by applicable copyright or other intellectual
property laws and treaties. This EULA grants you no rights to use such content.
If this SOFTWARE contains documentation which is provided only in electronic
form, you may print one copy of such electronic documentation. You may not copy
the printed materials accompanying the SOFTWARE.
5. DISCLAIMER OF WARRANTIES. Fevosoft AND ITS SUPPLIERS PROVIDE THE
SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES
AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED
TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS
FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK
OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF
QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE
OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
6. EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL Fevosoft OR ITS SUPPLIERS BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR
PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD
FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO
USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF Fevosoft OR ANY SUPPLIER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN
IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7. LIMITATION AND RELEASE OF LIABILITY. To the full extent allowed by law, YOU
HEREBY RELEASE Beyond Sync AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY
ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. IF YOU
DO NOT WISH TO ACCEPT THE SOFTWARE UNDER THE TERMS OF THIS EULA, DO NOT INSTALL
8. QUESTIONS. Should you have any questions, or if you desire to contact Beyond Sync for any reason, please contact us online at
http://www.beyondsync.com/ or EMail : firstname.lastname@example.org