Bitimus End User License Agreement
This End User License Agreement ("EULA") is an agreement between you ("you", "your") and Bitimus ("we", "us", "our").
This EULA governs your acquisition and use of our application software ("Software") directly from Bitimus or indirectly through an authorized reseller or a distributor.
By installing and/or using the software, you are confirming your acceptance of the software and agreeing to become bound by the terms of this EULA.
If you are entering into this EULA on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA, do not accept this EULA and do not install or use the Software.
This EULA shall apply only to the Software supplied by Bitimus herewith regardless of whether other software is referred to or described herein. The terms also apply to any Bitimus updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Bitimus hereby grants you a personal, non-transferable, non-exclusive licence to use the Software on your devices in accordance with the terms of this EULA.
You are not permitted to:
- edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things,
- reproduce, copy, distribute or resell the Software,
- allow any third party to use the Software on behalf of or for the benefit of any third party
- use the Software in any way which breaches any applicable local, national or international law,
- use the Software for any purpose that Bitimus considers is a breach of this EULA.
Bitimus shall at all times retain ownership of the Software as originally downloaded by you, all subsequent downloads of the Software and all subsequent copies of the Software. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Bitimus.
Bitimus reserves the right to grant licences to use the Software to third parties.
This EULA is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Bitimus.
It will also terminate immediately if you fail to comply with any term of this EULA.
Upon termination, the licenses granted by this EULA will immediately terminate and you will immediately uninstall and cease all use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA.
You acknowledge and agree that the Software is provided on an "AS IS" and "AS AVAILABLE" basis and that your use of or reliance upon the Software and any third party content and services accessed thereby is at your sole risk and discretion. We hereby disclaim any and all representations, warranties and guaranties regarding the Software and third party content and services, whether express, implied or statutory and including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Furthermore, we make no warranty that (I) the Software or third party content and services will meet your requirements; (II) the Software or third party content and services will be uninterruped, accurate, reliable, timely, secure or error-free; (III) the quality of any products, services, information or other material accessed or obtained by you through the Software will be as represented or meet your expectations; or (IV) any errors in the Software or third party content and services will be corrected.
No advice or information, whether oral or written, obtained by you from us of from the Software shall create any representation, warranty or guaranty. Furthermore, you acknowledge that we have no obligation to correct any errors or othewise support or maintain the Software.
Under no circumstances shall we be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your use of or inability to use the Software and any third party content and services, whether or not the damages were foreseeable and whether or not we were advised of the possibility of such damages. Without limiting the generality of the foregoing, our aggregate liability to you (whether under contract, tort, statute or otherwise) will apply to the fullest extent permitted by law in the applicable jurisdiction and in no event will our cumulative liability to you exceed the amount paid by you to use our services.
You shall indemnify, defend and hold harmless us and each of our respective officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (I) Your use of the Software or third party content and services; (II) Your breach of this EULA; (III) Your violation of law; (IV) Your negligence or willful misconduct; or (V) Your violation of the rights of a third party, including the infringement by you of an intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of this EULA.