End User License Agreement (EULA)
This EULA is a legal agreement (hereinafter "Agreement") between BizStream, Inc. (“BizStream”) and you, either an individual or a single entity, (hereinafter "Licensee"). This Agreement covers all software, the associated media, any printed materials, data, files and information and any "online" or electronic documentation ("Software") which it accompanies, and which has been provided to Licensee without payment of any fees or costs. This Agreement takes precedence over any other agreement or terms embedded within the software.
Assent to Be Bound
By downloading, installing, or by copying or otherwise using this Software, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree with any term or condition, sorry this program is not for you.
THE SOFTWARE LICENSED HEREUNDER MAY CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS LICENSE, FOR WHICH NO FEES HAVE BEEN CHARGED OR ARE DUE FROM LICENSEE, IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS.
Feedback from Licensee
It is expressly understood, acknowledged and agreed that Licensee may be asked to provide to BizStream suggestions, comments and feedback regarding the Software, including but not limited to usability, bug reports and test results whenever it is convenient for Licensee. BizStream will totally appreciate all of the feedback you can possibly give! BizStream may or may not incorporate that feedback into the Software.
Grant of License
Subject to the terms and conditions of this Agreement, BizStream grants to Licensee a non-exclusive, non-transferable license (without the right to sublicense) (i) to use the Software in accordance with the Documentation solely for purposes of internal testing and evaluation, and (ii) to copy Software for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies.
Restrictions on Grant
Except as otherwise specifically permitted in this Agreement, Licensee may not:(a) Modify or create any derivative works of any Software or documentation,(b) Copy the Software except as provided in this Agreement or elsewhere by Bizstream; (c) Separate Software, which is licensed as a single product, into its component parts. (d) Sublicense or permit simultaneous use of the Software by more than one user; (e) Reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any Product the; (f) Redistribute, encumber, sell, rent, lease, sublicense, use the Software in a timesharing or service bureau arrangement, or otherwise transfer rights to any Software.
Software Product Support
BizStream is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Software will be corrected. However, with that being said we will do our best to help answer questions when we can.
Ownership and Copyright of Software
Title to the Software and all copies thereof remain with BizStream. Except as expressly provided herein, BizStream does not grant any express or implied right to Licensee under BizStream patents, copyrights, trademarks, or trade secret information.
Term Of This Agreement
Licensee's rights with respect to the Software will terminate upon the earlier of (a) the initial commercial release by BizStream of a generally available version of the Software or (b) six months after the last date Recipient receives the Software or any update thereto. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof.
Limitation on Liability
Provision of any Software under this Agreement is experimental and shall not create any obligation for BizStream to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL BIZSTREAM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE.
This Agreement constitutes the complete and exclusive agreement between BizStream and Licensee with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.