End-User License Agreement (EULA) BurnAware (hereinafter referred to as the “Software”)
This End-User License Agreement ("EULA") is a legal agreement between you, the end user, who obtained the above-identified Software. The Software includes any and all associated media, printed materials, and "online" or electronic documentation as well as applications, databases and other software components (collectively referred to as the “SOFTWARE”).
By installing, copying, or otherwise using the SOFTWARE, you acknowledge that you have read this EULA and that you understand it and agree to be bound by its terms.
This EULA comes into force when you accept all the terms stated herein by installing the Software or when you start using the Software in any manner. The EULA is binding for the entire period of the SOFTWARE copyright, except as otherwise provided by this EULA or by separate written agreement between you and Burnawre or depends on the scope of the License as it is described in article 2.4 of the EULA.
The SOFTWARE is protected by copyright laws and international treaty provisions. You agree that this EULA is enforceable like any written negotiated agreement signed by you. This EULA is enforceable against you.
If the SOFTWARE is accompanied by a hard copy of license agreement in the case of any discrepancies in content between the text of this EULA and the text in the hard copy of license agreement, the text in the hard copy of license agreement shall prevail.
If you do not agree with the terms of this EULA, do not install and do not use the SOFTWARE or its components.
1.Grant of License
1.1. Subject to Your compliance with the terms of this EULA, Burnaware grants You a License enabling You to install, run and use the functionality of the SOFTWARE, including all the images, photos, animations, audio-video components, music, text and additional applications incorporated into the SOFTWARE, as well as the accompanying printed materials and all of the SOFTWARE copies solely as set forth below. All conditions stated below apply both to the SOFTWARE as a whole and to all of its separate components.
1.2. If You are a natural person, You may use the SOFTWARE worldwide. If You are a legal entity (or its branch and representative), You may use the SOFTWARE only in the country of your legal entity (or its branch and representative) registration unless otherwise agreed in a separate written agreement between You and Burnaware.
2.1. Burnaware represents, warrants and guarantees that it has the full right, power, legal capacity, ability and authority to license and distribute the SOFTWARE, including all the images, photos, animations, audio-video components, music, text and "applets" incorporated into the SOFTWARE, as well as the accompanying printed materials and all of the SOFTWARE copies.
2.1.1 If your SOFTWARE version called BurnAware Free, then your license type is - Multi-user license, you may install and use any number of copies of the SOFTWARE, provided non-commercial use. You can not use this version in any commercial companies.
2.1.2 If the version of your SOFTWARE called BurnAware Premium, then your license type is - Single-user home license, you may install and use one copy of the SOFTWARE on a computer and a portable device, provided that both of these devices are used by you (single user) in personal (non-commercial) purposes. You can not use this version in any commercial companies.
2.1.3 If the version of your SOFTWARE called BurnAware Professional, then your license type is - Single User License, you may install and use the SOFTWARE on the number of computers and / or virtual devices equal to the number of users. You may use this version for personal use, including commercial, and in any commercial companies.
2.1.4 If the version of your SOFTWARE called BurnAware Corporate, then your license type is - Single User License, you may install and use the SOFTWARE on the number of computers and / or virtual devices equal to not more than 5,000 (five thousand) users. You may use this version for personal use, including commercial, and in any commercial companies.
2.2. All title and intellectual property rights in and to the content that is not contained in the SOFTWARE, but may be accessed through use of the SOFTWARE, are the property ofthe respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA does not purport to transfer the ownership of such intellectual property.
2.3. You acknowledge that the SOFTWARE is protected from unauthorized copying and unlimited use and may include software protection keysproviding for such protection (hereinafter, "License Keys") and You accept the SOFTWARE subject to all such protections.
2.4. Any use of the SOFTWARE outside of or in contravention of the terms and conditions of this EULA shall constitute a breach of Burnaware’s and/or third party’s intellectual property rights and shall give cause for the revocation of all rights to use the SOFTWARE granted to You under this EULA.
2.5. This EULA does not grant You any rights in connection with any trademarks of Burnaware.
2.6. All rights not expressly granted herein are reserved by Burnaware.
3. Using the SOFTWARE
3.1. The License enables You to install, run and use the functionality of one (1) copy of the SOFTWARE on one (1) User. Free, Premium, Professional, Corporate.
4. Redistribution of the SOFTWARE
4.1. Any re-distribution of the SOFTWARE, is strictly prohibited. Redistribution includes, but is not limited to renting, leasing, or lending, sublicense, granting access to third parties to the SOFTWARE.
5.1. You may not be able to exercise Your rights to the SOFTWARE under this EULA unless You activate Your copy of the SOFTWARE. During activation a unique parameter iscreated that represents the configuration of Your Computer at the time of activation. The parameter does not include any information about software or data that may reside on Your Computer, or any information about the specific make or model of Your Computer. The parameter identifies the Computer solely for the purpose of activation. Together with this parameter, the name, serial number, and version number of Your copy of the SOFTWARE will be sent to Burnaware. This information will only be used to select the correct content of a reply message that is sent to You to confirm the results of activation. None of this information will be used for any other purpose.
5.3. You may not perform or make it possible for other persons to perform any activities included in the list below:
5.3.1. Disassemble or decompile (i.e. extract the source code from the object code) the SOFTWARE (applications, databases, and any and all SOFTWARE Components), reverse engineer, except, and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation. If applicable law permits such activities, any information so discovered must not be disclosed to third parties to the extent that such non-disclosure is permitted by law and it must be promptly disclosed to Burnaware. All such information shall be deemed to be the confidential and proprietary information of Burnaware.
5.3.2. Modify, adapt, or translate the SOFTWARE, including making changes to the object code of the applications and databases contained in the SOFTWARE, other than those provided for by the SOFTWARE and described in the documentation.
5.3.3. Make any changes to the SOFTWARE, including changes for the purpose of enabling the SOFTWARE to run on Your hardware, and correct errors without the prior written consent of Burnaware, other than changes that can be made by the means included with the SOFTWARE and described in the accompanying documentation.
5.3.4. Rent, lend, lease, sublicense, assign, or transfer any rights granted to You by this EULA and other rights related to the SOFTWARE to any other person, or authorize all or any portion of the SOFTWARE to be copied onto another user's Computers.
5.3.5. Make it possible for any person not entitled to use the SOFTWARE and working in Internet or in the same multi-user system as You to use the SOFTWARE.
5.3.6. Remove, change or obscure any copyright, trademark or patent notices that appear on the SOFTWARE as delivered to You.
6. Compliance with Licenses.
6.1. You agree that upon request from Burnaware or Burnaware’s authorized representative, You will within thirty (30) days fully document and certify that You are in conformity with the terms and conditions of this EULA.
7. SOFTWARE for Trial Purposes
7.1. If the SOFTWARE is labeled "Try&Buy," "Trial" or "Demo," then this section shall apply until such time that You purchase a license for the full version of the SOFTWARE. You acknowledge that the SOFTWARE has limited functionality and/or functions for a limited period of time. The SOFTWARE is licensed on an "as is" basis, solely as a demonstration model. If the SOFTWARE is a timeout version, its functionality will be disabled after a designated period of time, this period being specified in the SOFTWARE. Upon such timeout date, the License hereunder shall be terminated, unless extended by Burnaware upon Your purchase of a license for the full version of the SOFTWARE from Burnaware.
8. Terms and Termination
8.1. Unless otherwise agreed by You and Burnaware in a separate written agreement or except as otherwise provided by the EULA, this EULA is effective for the entire period of the SOFTWARE copyright.
8.2. You may terminate this EULA by destroying the SOFTWARE and accompanying documentation and all copies thereof.
8.3. Without prejudice to any other rights, Burnaware may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such an event, You must destroy all copies of the SOFTWARE and all of the SOFTWARE Components. Such termination does not relieve You of Your obligation to pay for the SOFTWARE and or the License.
9. Limited Warranty
9.1. Burnaware warrants that the media on which the SOFTWARE is furnished, if any, will be free from defects in materials and workmanship under normal use for the minimal guarantee period determined by the governing law or by the legislation of the country in which You purchased the SOFTWARE starting from the date of purchase.
9.2. The SOFTWARE, any updates, upgrades are being delivered to You "as is" and Burnaware makes no warranty of any kind. Burnaware and its Partners do not and cannot warrant the performance or results You may obtain by using the SOFTWARE.
9.3. Except for any warranty, condition, representation, or term to the extent to which the same cannot or may not be excluded or limited by law applicable to You in Your jurisdiction, Burnaware and its Partners make no warranties, conditions, representations, or terms (express or implied whether by statute, common law, custom, usage or otherwise) as to any matter, including without limitation non-infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose, or that the SOFTWARE will carry no errors, meet Your requirements, or that the SOFTWARE will function properly when used in conjunction with any other software or hardware, and the entire risk as to the quality and performance of the SOFTWARE lies with You.
9.4. Burnaware makes no warranties for any third party software products which may be supplied within the SOFTWARE.
10. Limitation of Liability
10.1. In no event will Burnaware be liable to You for any damages, business interruption, loss of data or information of any kind, business or otherwise, claims or costs whatsoever, or any consequential, indirect, or incidental damage, or any lost profits or lost savings resulting from and/or relating to the use of the SOFTWARE, or damages caused by possible errors or misprints in the SOFTWARE, even if an Burnaware representative has been advised of the possibility of such loss, damages, claims or costs, or for any claim by any third party. The foregoing limitations and exclusions apply to the extent permitted by applicablelaw in Your jurisdiction. Burnaware’s sole and aggregate liability under or in connection with this EULA shall be limited to the purchase price originally paid for the License.
11. Export Rules
11.1. The SOFTWARE shall not be exported or re-exported in violation of any export provisions in the laws of the country in which this SOFTWARE was purchased or otherwise acquired. In addition, You represent and warrant that You are not prohibited under applicable laws from receiving the SOFTWARE.
12.1. If You have received this copy of the SOFTWARE as an enhancement to the current version of the SOFTWARE or as a major version upgrade for the SOFTWARE, then by installing this copy of the SOFTWARE You voluntarily terminate Your rights in connection to any previous versions of the SOFTWARE, including the right to use such SOFTWARE. You acknowledge that any obligation of Burnaware or its Partner to support the previous versions of the SOFTWARE may be ended upon availability of this version of the SOFTWARE.
12.2. Burnaware may provide You with any printed materials, including the User’s Guide.
12.3. You agree to provide Burnaware with some of Your personal details in the course of operation and registration of the SOFTWARE. You agree that Your personal details may be collected, processed, and used by Burnaware in compliance with applicable law provided that the confidentiality of the data is maintained. Any personal details You provide to Burnaware will be stored and used strictly within the Burnaware and its affiliates and will not be disclosed to any third party, except as may be required by applicable law.
12.4. Burnaware may send you e-mails containing product and company news, information about special offers, advices on product usage and other product and company-related information provided You specifically agreed to receive from Burnaware. You have the possibility to remove your address from Burnaware mailing list at any time.
12.5. Consideration under this EULA is the price of the SOFTWARE (and/or License) established by Burnaware or an Burnaware Partner which is payable in accordance with the payment procedures established by Burnaware or the Burnaware partner, or is included in the purchase price of Your hardware, or is part of the consideration payable by You for the full version of the SOFTWARE. If You are a natural person, this EULA may be gratuitous.
12.6. If any claims or lawsuits are brought against You in connection with your use of the SOFTWARE, You shall inform Burnaware about them in 3 days from the moment You learned of them. You shall carry out all the necessary actions to provide Burnaware with the possibility of taking part in the hearings of said claims or lawsuits in court, and to provide the information necessary for settlement of the corresponding claims or lawsuits, not later than in 7 days from the moment of reception of inquiry from Burnaware.
12.7. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of this EULA, which shall remain valid and enforceable according to its terms.