BONITO SOFTWARE LICENSE AGREEMENT (End-User License Agreement)
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BONITO Dennis Walter AND/OR ITS SUBSIDIARIES ("BONITO") IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS "YOU OR YOUR") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND BONITO. BY OPENING THIS PACKAGE, BREAKING THE SEAL, CLICKING ON THE "AGREE" OR "YES" BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK ON THE "I DO NOT AGREE", "NO" BUTTON, OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE, AND RETURN THE FULL PRODUCT WITH PROOF OF PURCHASE TO THE DEALER FROM WHOM IT WAS ACQUIRED WITHIN SEVEN (7) DAYS OF PURCHASE, AND YOUR MONEY WILL BE REFUNDED.
The software, which accompanies this license (collectively the "Software") is the property of BONITO or its licensors and is protected by copyright law. While BONITO continues to own the Software, you will have certain rights to use the Software after your acceptance of this license. This license governs any releases, revisions, or enhancements to the Software that BONITO may furnish to you. Except as may be modified by a BONITO license certificate, license coupon, or license key (each a "License Module") which accompanies, precedes, or follows this license, your rights and obligations with respect to the use of this Software are as follows:
A. Use one copy of the Software on a single computer. If a License Module accompanies, precedes, or follows this license, you may make that number of copies of the Software licensed to you by BONITO as provided in your License Module. Your License Module shall constitute proof of your right to make such copies.
B. Make one copy of the Software for archival purposes, or copy the Software onto the hard disk of your computer and retain the original for archival purposes.
C. Use the Software on a network, provided that you have a licensed copy of the Software for each computer that can access the Software over that network.
D. After written notice to BONITO, transfer the Software on a permanent basis to another person or entity, provided that you retain no copies of the Software and the transferee agrees to the terms of this license.
You may not:
A. Copy the printed documentation that accompanies the Software.
B. Sublicense, rent or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software.
C. Use a previous version or copy of the Software after you have received a disk replacement set or an upgraded version. Upon upgrading the Software, all copies of the prior version must be destroyed.
D. Use a later version of the Software than is provided herewith unless you have purchased the upgrade or have otherwise separately acquired the right to use such later version.
E. Use, if you received the software distributed on media containing multiple BONITO products, any BONITO software on the media for which you have not received a permission in a License Module; or
F. Use the Software in any manner not authorized by this license.
Certain BONITO software products utilize content that is updated from time to time. You may obtain Updates for any period for which you have purchased a subscription for Updates for the Software (including any subscription included with your original purchase of the Software), purchased upgrade insurance for the Software, entered into a maintenance agreement that includes Updates, or otherwise separately acquired the right to obtain Updates. This license does not otherwise permit you to obtain and use Updates.
3. Limited Warranty:
BONITO warrants that the media on which the Software is distributed will be free from defects for a period of twenty (20)days from the date of delivery of the Software to you. Your sole remedy in the event of a breach of this warranty will be that BONITO will, at its option, replace any defective media returned to BONITO within the warranty period or refund the money you paid for the Software. BONITO does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
4. Disclaimer of Damages:
SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL BONITO OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF BONITO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL BONITO'S OR ITS LICENSORS’ LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.
5. Commercial Items
All BONITO products and documentation are commercial in nature. The software and software documentation are "Commercial Items", as that term is defined by German Law. Manufacturer is BONITO Dennis Walter, Gerichtsweg 3, D-29320 Hermannsburg / Germany.
This Agreement will be governed by the laws of Germany. This Agreement and any related License Module is the entire agreement between You and BONITO relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment or similar communications between the parties. This Agreement may only be modified by a License Module or by a written document which has been signed by both You and BONITO. This Agreement shall terminate upon Your breach of any term contained herein and You shall cease use of and destroy all copies of the Software. The disclaimers of warranties and damages and limitations on liability shall survive termination. Should you have any questions concerning this Agreement, or if you desire to contact BONITO for any reason, please write: BONITO Dennis Walter, Gerichtsweg 3, D-29320 Hermannsburg / Germany.