End User License Agreement

 
ENGLISH
 
Bizmodeller Limited
Software License Agreement for iHomeServer
 
Please read this software license agreement ("License") carefully before using the Bizmodeller iHomeServer software.  By using the Software, you are agreeing to be bound by the terms of this License.  If you do not agree to the terms of this License, do not use the software.
 
1 GENERAL
The Bizmodeller and any third party software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "Software") are licensed, not sold, to you by Bizmodeller Limited (“Bizmodeller”) for use only under the terms of this License, and Bizmodeller reserves all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by Bizmodeller that replace and/or supplement the original Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. 
Title and intellectual property rights in and to any content displayed by or accessed through the Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.
 
2 PERMITTED LICENSE USE AND RESTRICTIONS
Bizmodeller Limited hereby gives End User a non-exclusive license to use the Software.  For evaluation, the license is granted, and is time-limited.  The Software is subject to an agreement between Bizmodeller and End User obligating that End User return or destroy all copies of the Software unless End User purchases such Software prior to the expiration of the Trial Period; such Trial Period not to exceed thirty (30) days.   For registered release End User has to pay a license fee, by following instructions prompted by the program.
 
You may:
- use the Software on any single computer;
- use the Software on a second computer so long as the primary user of each copy is the same person and more than one copy is not simultaneously;
- copy the Software for archival purposes, provided any copy contains all of the original Software's proprietary notices.
You may not:
- permit other individuals to use the Software except under the terms listed above;
- modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction),
- create derivative works based on the Software;
- copy the Software (except as specified above);
- rent, lease, transfer or otherwise transfer rights to the Software;
- remove any proprietary notices or labels on the Software.
To the extent that the Software may be used to reproduce materials, such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
 
3 BIZMODELLER WEB AND OTHER SERVICES
This software enables access to Bizmodeller services and third party services and web sites (collectively and individually, "Services"). Such Services may not be available in all languages or in all countries. Use of the Services requires Internet access.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that Bizmodeller shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres, categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Bizmodeller does not guarantee their accuracy.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Bizmodeller is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Bizmodeller, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. You agree that you will not use any Third Party Materials in a manner that would infringe or violate the rights of any other party, and that Bizmodeller is not in any way responsible for any such use by you.
To the extent you choose to use or access such Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Bizmodeller and its licensors reserve the right to change, suspend, remove, or disable access to any Services or Third Party Materials at any time without notice. In no event will Bizmodeller be liable for the removal of or disabling of access to any such Services or Third Party Materials. Bizmodeller may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
 
4 CONSENT TO USE OF DATA
You agree that Bizmodeller and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your computer system that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Software, and to verify compliance with the terms of this License. Bizmodeller may use this information, as long as it is collected in a form that does not personally identify you, to provide and improve Bizmodeller’s products and services.
 
5 TERMINATION.
This License is effective until terminated.  Your rights under this License will terminate automatically without notification from Bizmodeller if you fail to comply with any term(s) of this License. On termination, you must cease all use of the Software and destroy all copies, full or partial, of the Software.  Sections 3, 4, 5, 6, 7, 8 of this License shall survive any such termination.
 
6 DISCLAIMER OF WARRANTY
NO WARRANTIES. Bizmodeller expressly disclaims any warranty for the SOFTWARE including any programming errors which have not been corrected after testing.  THE SOFTWARE 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, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.  NO WARRANTY FOR UPGRADES, PATCHES, FIXES, NEW OR REVISED VERSIONS IS OFFERED, although Bizmodeller may offer FREE OF CHARGE upgrades or revised versions of the SOFTWARE from time to time or upon request entirely at the discretion of Bizmodeller.
 
Should the Software prove defective, you and not Bizmodeller assume the entire cost of any service and repair.  In addition this Software must be thoroughly tested by the user with non-critical data before relying on it, and the user should be fully conversant with the program or Software and the result of using it. In particular a BACKUP of all critical, important or in any way valuable data should be made BEFORE and retained separately AFTER using any program or Software which may in any way interfere with, damage, delete or in any other way change or modify the data. The user must assume the entire risk of using the program or Software. The entire risk as to the quality and performance of the Software is borne by you.
BIZMODELLER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. 
Bizmodeller IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BIZMODELLER OR A BIZMODELLER AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
 
7. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL BIZMODELLER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BIZMODELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Bizmodeller’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of twenty pounds (£20.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose
 
8. INTELLECTUAL PROPERTY RIGHTS
Title, ownership rights and intellectual property rights in and to the Software shall remain in Bizmodeller. The Software is protected by international copyright treaties.