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BlueSoleil End User License Agreement

 
 
     

PLEASE READ THIS AGREEMENT AND THE TERMS OF USE CAREFULLY. THE BLUESOLEIL END USER LICENSE AGREEMENT (AGREEMENT) IS A VALID AND BINDING AGREEMENT BETWEEN YOU, AS A USER, AND IVT CORPORATION (IVT). BY CLICKING 'ACCEPT' BUTTON, YOU ACCEPT ALL THE TERMS AND TERMS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 5; AND LIABILITY IN SECTION 6; AND THE CONDITION OF USE AS WELL. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU.IF YOU DO NOT AGREE TO ENTER INTO THIS AGREEMENT AND DO NOT ACCEPTE THE CONDITION OF USE, PLEASE SELET 'REJECT' BUTTON.

1.Definitions

"Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) IVT or third party computer information or software; (ii) digital images, stock photographs, clip art, sounds or other artistic works ("Stock Files"): (iii) related explanatory written materials or files ("Documentation"); and (iv) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by IVT (collectively, "Updates")."Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by IVT."Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.

2. Grant of Rights

Subject to the provisions contained herein, IVT grants to you a non-exclusive, non-sublicenseable and non-transferrable license to Use the Software for the purposes described in the Documentation. Some third party materials included in the Software may be subject to other terms and conditions. The scope of Use is below:

2.1. General Use.You may install and Use a copy of the Software on your compatible computer, up to the Permitted Number of computers;

2.2. Server Use.You may install one copy of the Software on your computer file server for the purpose of downloading and installing the Software onto other computers within your internal network up to the Permitted Number or you may install one copy of the Software on a computer file server within your internal network for the sole and exclusive purpose of using the Software through commands, data or instructions (e.g. scripts) from an unlimited number of computers on your internal network.No other network use is permitted, including but not limited to, using the Software either directly or through commands, data or instructions from or to a computer not part of your internal network, for internet or web hosting services or by any user not licensed to use this copy of the Software through a valid license from IVT;

2.3. Backup Copy.You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 4;

2.4. Home Use.You, as the primary user of the computer on which the Software is installed, may also install the Software on one of your home computers. However, the Software may not be used on your home computer at the same time the Software on the primary computer is being used.

3. Intellectual Property Rights

Title to all intellectual property of the Software remains with and is the solo and exclusive property of IVT. IVT owns all right and interest in and to: (i) the Software, defined in Clause 1; (ii) all service marks, trademarks and any other designations associated with the Software; and (iii) all copyrights, patents and other intellectual property rights. This License Agreement does not grant you any intellectual property right herein other than the right expressly set forth in Clause 2.

4. License Restrictions

4.1 You shall NOT modify, adapt or translate the Software, or reverse engineer, decompile, disassemble or discover the source code of the Software.

4.2 You shall NOT sell, rent, lease or sublicense the Software.

4.3 You shall NOT transfer the Software to any third party.

5. Warranties

IVT warrants that the Software will substantially be compliant with the published specifications and meet the specifications in normal use during the warranty period. The warranty period commences from the date of download for a period of ninety (90) days. Except for the warranty herein, the Software is being provided "AS IS". In no event does IVT warrant that the Software is error-free, or may be operated without problems or interruptions, or may fit the particular purpose of customer.

The warranty herein does not apply to the Software (i) which has been modified, except by IVT; (ii) which has not been installed, operated, repaired, or maintained upon the instruction supplied by IVT; or (iii) which has been subjected to abnormal physical stress, misuse or accident.

6. LIMITATION OF LIABILITY.

IN NO EVENT SHALL IVT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF DATA AND LOSS OF BUSINESS, IN CONNECTION WITH OR ARISING OUT OF THE USE OF SOFTWARE, EVEN IF IVT HAS BEEN ADVISED OR INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IVT'S TOTAL LIABILITY TO YOU FOR YOUR ACTUAL DAMAGES FOR ANY CAUSES WHATEVER UNDER OR IN CONNECTION WITH THIS LICESE AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE. IN SOME STATES OR JURISTICTIONS, THE EXCLUSION AND LIMITATION HEREIN ARE NOT ALLOWED, IVT'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

7. Copyright Protection

To protect legal users, IVT shall be entitled to collect BD address and license key of Bluetooth devices of users, and send them to a server to acquire a new license key which will replace the previous key in the device on a non-regular basis when Bluetooth is running.

8. Termination

If you fail to perform any obligations under the Agreement, IVT has the right to terminate this Agreement immediately and claims the damages for breach. Upon the termination of this Agreement, you must cease to use the Software and destroy all copies of the Software or return them to IVT.

9. Governing Law and Arbitration Clause

This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without regard to any conflict of laws. Both parties agree to submit any dispute arising out of or in connection with this Agreement to Hong Kong International Arbitration Center.

10.General Provisions

(a) Severability: If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

(b) Assignment: This License Agreement shall not be assigned in whole or in part by either party without prior written consent of the other party.

(c) Amendment: This License Agreement shall not be modified or amended without prior written consent of IVT.

If you have any questions regarding this License Agreement or if you would like to get any information from IVT, please contact local IVT office which could be gotten on the IVT website (www.ivtcorporation.com).

11. Law Application

This Agreement shall be governed by and construed in accordance with the laws of Hong Kong without regard to any conflict of laws. Both parties agree to submit any dispute arising out of this Agreement to Hong Kong International Arbitration Center if such dispute cannot be solved through good-faith negotiation. The result will be final and binding upon both parties.