This EULA is a legal EULA between You ("Licensee" or "You") and bitvoodoo ag, Hardturmstrasse 101, 8005 Zürich, Switzerland ("Licensor" or "We") to use the Software. This EULA applies from the date when You receive the Software from a Reseller or Licensor ("Purchase"). You agree to be bound by the terms of this EULA by installing, copying, downloading or otherwise using the Software. If You do not agree to the terms of this EULA, You may not install, copy, download or otherwise use the Software. For the Evaluation Period, the provisions in Appendix A shall apply.
The term “You ” or “Licensee” means an individual or legal entity (through a duly authorized representative signing this agreement in their capacity as an employee of the legal entity to which the licenses is granted to).
Confidential Information: All items (e.g. Software, documents, information) that are protected by proprietary rights, contain trade or business secrets or are designated as being confidential.
2.4 Every valid and not expired license contains product support and maintenance for the term of this EULA (see section "Maintenance and Support" for details).
3. Rights of Use
For purposes of Section 3, “use” shall mean the right to install and use the Software by copying, transmitting or loading it into the permanent memory of a computer or other device (each a “Computer”) for the processing of the system instructions or statements contained in the Software.
3.1 The Software is legally protected. We are the sole owner of any copyrights, patent rights, trademark rights and any other ancillary copyrights in and to the Software.
3.2 We grant you You the worldwide and non-exclusive right of use of the Software for the term of this EULA — solely on hardware systems owned, leased or controlled by You pursuant to the terms of this EULA.
4.1 This EULA commences with Your Purchase of the Software and runs for a fixed term according to your purchase. During this fixed-term, it cannot be terminated for convenience and after the fixed term (The bought license of the Software is expired) the obligations of the Licensor are no longer valid as listed in sec. 2. As You have a lifetime right to use the Software your obligations are still valid, even with an expired license.it will automatically expire.
4.2 The right of the parties to terminate this EULA for cause remains unaffected. For Us, cause shall exist, in particular, if (i) You are in default for more than two months with an amount of the License Fee that corresponds pro rata temporis to a portion of two months, (ii) You suspend Your payments, itself, or, if permissible, We apply or any other creditor of You applies for the institution of insolvency proceedings or similar statutory proceedings if such a proceeding is opened or declined for a lack of assets, or (iii) if You significantly violate this EULA and fail to cease such violation within a reasonable period for rectification granted by Us.
5.4 You shall install without delay, at the latest within a month ninety days after update packages have been provided by Us to fix security issues or bugs to avoid or mitigate claims addressed by sec. 7.
7.8 You are responsible and in the duty to deliver the requested information by our support as log files, step to step and environment descriptions so that defects can be reproduced.
7.9 We represent and warrant that: (i) We own or have the right to license all right, title, and interest in and to the Software as described in the EULA, and the Software and documentation will not infringe any third party’s intellectual property rights; and (ii) the Software is free of known viruses or malware, disabling or remote monitoring code, or back doors allowing bypass of security features
8. Liability and Limitation Period
8.1 Except for Section 7.9, We are not liable to You for any consequential, indirect, special or incidental damages under any provisions of this Agreement or for any consequential, indirect, penal, special or incidental damages arising out of any act or failure to act hereunder.
10.2 The sole place of jurisdiction for all disputes arising from this EULA is Zürich, Switzerland.
10.3 Any Licensor or third party terms incorporated by reference in or via website link under the Agreement will be null and void and of no legal effect. The Agreement is the exclusive and entire agreement between the Parties with respect to its subject matter and, as of the effective date of the Agreement, supersedes all prior or contemporaneous agreements, negotiations, representations, and proposals of any kind.
Appendix A - Evaluation Period