SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.
BY USING THE SOFTWARE, OPENING THE PACKAGE, OR DOWNLOADING THE PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, STOP USING THE PRODUCT IMMEDIATELLY, DESTROY ALL COPIES OF THE SOFTWARE INCLUDING ANY DOCUMENTATION OR RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND, OR DO NOT DOWNLOAD THE PRODUCT.
User License Grant: G&M Dynamics, s.r.o. ("Bee Mobile") and its suppliers grant to Customer ("Customer") a nonexclusive and nontransferable license to use the Bee Mobile software ("Software") in object code form solely in one building with single physical address by specified amount of Customer's employees.
The amount of Customer's employees who are allowed to use the Software depends on the type of license
purchased by Customer:
1. Single Developer License - can be used by one (1) Customer's employee.
2. Business License - can be used by up to five (5) Customer's employees.
3. Corporate License - can be used by up to twenty-five (25) Customer's employees.
The purpose of the license is development of unlimited number of end user applications which co-operate with the Software.
If the Software is marked as "Trial", "Trial version" or "Demo", the license expires after 30 days of the first usage of the Software by Customer in his premises.
Customer is allowed to freely distribute the Software, if it co-operates with end-user application developed by him for unlimited amount of time (royalty-free distribution).
Bee Mobile iPack license gives the permission to use the product for an unlimited amount of time. The following services are provided free of charge to registered holders of Bee Mobile iPack license for one (1) year since the date of its purchase ("registration period"):
* Software upgrades to new versions are available for free during the registration period
* Technical support during the registration period
* Access to the purchased product through Bee Mobile Web Portal during the registration period
* Royalty-free distribution
It is prohibited to distribute the Software in the form of software library, software development kit, plug-in or any other form wich would imply its usage by a third-party software development company.
Customer may make one (1) archival copy of the Software provided Customer affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the original.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.
Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of bee Mobile. Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of bee Mobile. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with bee Mobile.
LIMITED WARRANTY. Bee Mobile warrants that for a period of ninety (90) days from the date of shipment from bee Mobile: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software substantially conforms to its published specifications. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to Customer as the original licensee. Customer's exclusive remedy and the entire liability of bee Mobile and its suppliers under this limited warranty will be, at bee Mobile or its service center's option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to the party supplying the Software to Customer. In no event does bee Mobile warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions.
This warranty does not apply if the software (a) has been altered, except by bee Mobile, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by bee Mobile, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in ultrahazardous activities.
DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL BEE MOBILE OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF BEE MOBILE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall BEE MOBILE's or its suppliers' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which bee Mobile does not receive a license fee. All such software products are provided AS IS without any warranty whatsoever.
This License is effective until terminated. Customer may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from bee Mobile if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software.