END USER LICENSE AGREEMENT
Important Read Carefully
END-USER LICENSE AGREEMENT FOR (“BABEL OBFUSCATOR”) IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: BABELFOR.NET End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and BABELFOR.NET for the SOFTWARE PRODUCT (“BABEL OBFUSCATOR”) which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to original software provided to you. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and BABELFOR.NET, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE
BABELFOR.NET grants you the rights described in this EULA provided that you comply with all the terms and conditions of this EULA:
a. General Software License Grant. You are granted a right to install the SOFTWARE PRODUCT and use it in order to process your own software with the SOFTWARE PRODUCT. BABELFOR.NET grants the use of the SOFTWARE PRODUCT according to one of the license types below as identified in the product title. Licenses purchased for development do not extend to third parties even if the software was developed for that third party. All entities must have a separate license.
i. Trial/Demo version (No costs). Use of the SOFTWARE PRODUCT without purchase of a License shall be limited to evaluation purposes only. Programs created using a trial license must be destroyed when the trial period has expired. Software protected using a trial license cannot be bought, sold, licensed, copied, traded or otherwise used by other individuals.
ii. Single Developer License (Standard/Professional/Enterprise licenses). If you purchased a Single Developer License, BABELFOR.NET grants to you one (1) personal, nontransferable, nonexclusive, royalty-free license to use copies of the SOFTWARE PRODUCT and install such Software on your machine(s) for your single concurrent internal use, to use and redistribute any number of non-commercial or commercial software you develop. Use of the SOFTWARE PRODUCT by other individuals is permitted only if said other individual has been licensed to use the SOFTWARE PRODUCT.
iii. Company License. If you purchased a Company License you may install this SOFTWARE PRODUCT on an unlimited number of machines within your company. If your company has more geographical sites, you need to have a license for each geographical site. You may duplicate and distribute this product within your company site, provided that each copy is a true and complete copy, including all copyright and trademark notices, and includes a copy of this EULA. You are permitted to protect and redistribute any number of commercial or non-commercial software you develop. You may not duplicate or distribute the SOFTWARE PRODUCT outside of your company. Use of the SOFTWARE PRODUCT by other individuals outside of your company is permitted only if said other individual has been licensed to use the SOFTWARE PRODUCT.
i. You are granted a royalty-free license to redistribute in binary form any components of the SOFTWARE PRODUCT explicitly marked as redistributable provided that you provide all technical support for the distribution, you do not allow recipients to disassemble, decompile, or in any other way allowing them to gain separate access to the SOFTWARE PRODUCT or any part of the SOFTWARE PRODUCT.
ii. BABELFOR.NET is not obligated to provide support for works derived from the SOFTWARE PRODUCT.
c. Disassembly. You may not modify this product in any manner. You shall not, nor allow others to copy, in whole or in part, emulate, sub-license, sell, transfer, exploit, alter, modify or adapt the SOFTWARE PRODUCT nor decompile, dissemble or reverse engineer the same nor attempt to do such thing.
d. Reverse Engineering. You are not allowed to use the SOFTWARE PRODUCT to make or modify any software tool that can be used to reverse the protection algorithms realized by the SOFTWARE PRODUCT.
e. Reservation of Rights. BABELFOR.NET reserves all rights not expressly granted herein.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
a. Rental. You may not lease or rent the SOFTWARE PRODUCT.
b. Proprietary notices. You may not remove any proprietary notices or labels on the SOFTWARE PRODUCT.
c. Consideration. For the rights and license granted in this EULA you will pay BABELFOR.NET the currently published retail price available at BABELFOR.NET or another mutually agreed upon amount to appear on a valid invoice.
d. Termination. Without prejudice to any other rights, BABELFOR.NET may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
e. Term. The term of this EULA shall continue perpetually from the date of purchase unless terminated according to the provisions in section 2(d).
f. Derived Works. You agree that you will not use the SOFTWARE PRODUCT to develop derived works that offer similar functionality as the SOFTWARE PRODUCT, expose the features of the SOFTWARE PRODUCT for use by an unlicensed third party.
g. Transfer. You may not assign this EULA without the prior written consent of BABELFOR.NET, such consent which will not to be unreasonably withheld, except that you may assign this EULA in conjunction with a merger or acquisition which results in the sale of all or a substantial part of your business utilizing this EULA. Any unauthorized assignment of this EULA is void.
3. SOFTWARE MAINTENANCE AND UPDATES
a. BABELFOR.NET periodically releases updates to existing versions, and also complete new versions, of the SOFTWARE PRODUCT. For a period of one year following the purchase of the SOFTWARE PRODUCT, updates and new versions are free of costs.
b. In order to receive
program updates after the first year it is necessary to pay a renewable annual
maintenance fee of 45% based on the latest SOFTWARE PRODUCT price (See
http://www.babelfor.net/purchase for the latest posted price). By paying the
annual maintenance fee the license holder is entitled to receive all program
updates for another year.
c. BABELFOR.NET is not
obligated to, but may at its own option, provide free email support.
d. If this copy of the SOFTWARE
PRODUCT is an upgrade from an earlier version of the SOFTWARE PRODUCT, it is
provided to you on a license exchange basis. You agree by your installation and
use of such copy of the SOFTWARE PRODUCT to voluntarily terminate your earlier
EULA and that you will not continue to use the earlier version of the SOFTWARE
PRODUCT or transfer it to another person or entity unless such transfer is
otherwise valid according to the terms of this EULA.
4. EXPORT RESTRICTIONS
You acknowledge that the SOFTWARE PRODUCT is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, endues and destination restrictions issued by U.S. and other governments.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by BABELFOR.NET. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.
6. LIMITATION OF LIABILITY
a. No warranties. BABELFOR.NET expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "As Is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, non-infringement, or fitness of a particular purpose. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
b. No liability for damages. To the maximum extent permitted by applicable law, in no event BABELFOR.NET is liable for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use this product (including but not limited to loss of data, or data being rendered inaccurate, or losses sustained by you or third parties, or a failure of the program to operate with any other programs), even if BABELFOR.NET has been advised of the possibility of such damages.
THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT A WARRENTY OF ANY KIND. THE AUTHOR OF THIS SOFTWARE ("BABELFOR.NET") DON'T TAKE ANY RESPONSE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE. IN NO EVENT WILL BABELFOR.NET BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF BABELFOR.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AUTHOR DOES NOT WARRANT THAT BABEL OBFUSCATOR IS FREE FROM BUGS, ERRORS, OR OTHER PROGRAM LIMITATIONS. LIMITATION OF LIABILITY AND DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE AUTHOR WILL NOT BE SUBJECT TO LIABILITY FOR ANY BUGS OR DAMAGES CAUSED BY CERTAIN BABEL OBFUSCATOR FEATURES.
8. LANGUAGE OF AGREEMENT
You agree that this EULA be drafted in the English language.