User License Agreement

B-NOVO SOFTWARE LICENSE FOR USER

 

 

Please read cerefully this LICENSE (hereinafter referred to as the LICENSE) before using the B-NOVO computer software (hereinafter referred to as the SOFTWARE).The USER shall consent to the terms and conditions of this LICENSE when using the SOFTWARE. If the USER does not agree with the terms and conditions set forth hereinafter, the USER shall have no right to use the SOFTWARE. This LICENSE is an integral part of the software license agreement. It shall be deemed that by entering into the software license agreement the USER also consents to the terms and conditions of this LICENSE as an integral part of the software license agreement. The USER’s consent to the terms and conditions of this LICENSE implies that the USER undertakes to use the SOFTWARE in accordance to the terms and conditions of this LICENSE.

 

 

COPYRIGHT

 

The author’s rights of the SOFTWARE shall be protected. All the property rights of the SOFTWARE and trademark are owned by the Limited Liability Company BŪTENTA, hereinafter referred to as BŪTENTA.

This LICENSE shall stipulate the terms and conditions of any type of downloading, reproduction, copying and/or other use of the SOFTWARE, including the use of parts of the SOFTWARE.

The USER is informed and understands that the SOFTWARE shall not be sold to him but the USER is granted the right to use the SOFTWARE upon the basis of  the LICENSE and according to the terms and conditions set forth in the LICENSE.

 

 

RIGHT OF USE

 

After the USER signs the software license agreement concerning the SOFTWARE, the USER is granted the non-transferable and non-exclusive right to the said software. This right shall be limited by the use conditions stipulated in Article 3.

By holding one LICENSE, the USER has the right to install SOFTWARE on 1 (one) computer, other appliance or date storage device. The maximum number of USERS for the USER who installed the SOFTWARE (who concluded the software license agreement concerning the SOFTWARE) shall be determined according to the software license agreement or another separate (additional) agreement.

The USER cannot return the tight to use the SOFTWARE to the Company.

The SOFTWARE sall be activated by the license key issued separately along with each LICENSE to use the SOFTWARE. The license key shall not be transferred, relinquished and/or used for more than one SOFTWARE LICENSE.

The SOFTWARE shall be installed on the USER’S computers by the authorized representative of the Company.

The Company shall unilaterally determine the life-cycle of the SOFTWARE and has the right not to upgrade the older SOFTWARE versions. The confirmation that the SOFTWARE version of the USER will not be upgraded shall be served to the USER by the authorized representative of the Company by USER’S e-mail or shall be automatically included in the SOFTWARE.

 

 

PERMITTED USE

 

a) The USER has the right to install the SOFTWARE and use it in the USER’S operations by employing any type of suitable USER’s computer, other appliance or device capable of using (accessing) the SOFTWARE. The right of use stipulated herein shall only be granted to the USER who has concluded the software license agreement concerning the SOFTWARE.

b) The USER has no right to copy the SOFTWARE or its part, to take a photo of, record on camera or electronically duplicate the SOFTWARE or its parts, pertaining pictures, descriptions and instructions, to lease, lend, give for use and distribute the additional documentation of the SOFTWARE, to issue sublicenses of the SOFTWARE, to modify the SOFTWARE and/or perform any of the above listed actions with modified SOFTWARE or to otherwise make it accessible to any third parties, except the USER is given such right by the Company in writing (according to a separate contract, agreement or specific clause in the LICENCE).

c) The USER shall not change, modify, adapt or decompile the SOFTWARE or its parts and/or additional documentation, except the cases stipulated in this LICENSE, other written documents issued by the Company (e.g.,a separate contract, agreement, etc.) or other applicable laws. Also, the USER shall not change any of the notations on author’s rights, SOFTWARE name, trademarks and/or notations on the ownership of the SOFTWARE or documents. It is also strictly prohibited to delete the phrase about the copyright.

d) The SOFTWARE shall not be edited and/or improved without the written consent of the Company given in advance.

 

 

LICENCE FEES AND REGISTRATION OBLIGATION

 

License fees shall be applied to the use of SOFTWARE as stipulated in this LICENSE or other type of its use. Any type of software use shall be registered by the Company or its authorized representative. Non-registered use of the SOFTWARE shall be deemed illegal.

The USER is garanted the right to use the SOFTWARE only after paying the license fee.

 

 

LIABILITY OF THE CLIENT

 

The USER shall be held liable for and undertakes all risks for the protection of the SOFTWARE data and/or the making and/or protection of copies of the data, the quality of the SOFTWARE data, the results and consequences of using the SOFTWARE and the decision to acquire and/or use the SOFTWARE.

The USER shal be held liable for, undertakes all the risks and obligates to ensure constant Internet access on the computer, other appliance or device with the installed SOFTWARE. The USER is aware that failure to provide constant Internet access may result in cessation and /or improper operation of the SOFTWARE.

Illegal copying of the SOFTWARE or breach of other SOFTWARE use rules (conditions) st forth in this Agreement may result in the termination (cancellation) of this LICENSE and/or softwarelicense agreement and/or any other contract or agreement concerning the SOFTWARE (its installation, support, etc.) according to the unilateral decision of the Company and may also cause damage to the Company which has the right to request the reimbursement of incurred losses from the moment the terms and conditions set forth hereof were breached.

The USER shall be held liable for and undertakes all the risk for the computer, other appliance or device with the installed SOFTWARE, the selection and safety of the said computer, other appliance or device and the protection of the information or any other data processed by the software. The USER has been informed of and is aware that the safety of the data is directly dependent on the safety of the computer, other appliance or device with the installed SOFTWARE. Therefore, the USER undertakes all the related responsibility and risks.

 

 

NO WARRANTY

 

The USER hereby acknowledges and confirms that the use of the SOFTWARE and the results received during such use shall fall exlusively under the risk of the USER. Only the USER is responsible for the quality of the SOFTWARE use, its properties, accuracy and required endeavor.

The Company shall grant no warranties related to the satisfaction of the expectations concerning the SOFTWARE, i.e. that the functions of the SOFTWARE  comply with the requirements of the USER, that the operation of the SOFTWARE will not be terminated or that the SOFTWARE has no bugs or errors.

No verbal or written information or pieces of advice given by the Company or its authorized representative shall be understood as warranty.

Any found defects and bugs of the SOFTWARE sahll be eliminated by the Company or its authorized representatives according to the terms and conditions set forth in separate agreements concluded with the User.

 

 

LIMITATION OF LIABILITY

 

The Company shall not be liable for any direct, indirect, consequential or incidental loss, demage, liability or expense incurred or suffered in relation to the use of the SOFTWARE or inability to use it, including but not limited to lost earnings, lost data, business interruption or any other kind of commercial damage or loss, not depending on the type of liability, to the fullest extent permitted by law, even if the Company had previosly warned about a possibility of such damage or loss. Under no circumstances shal the Company’s liability exceed EUR 100.00 (one hundred Euros). The limination of liability set forth hereof shall apply to the Company even of the limitation of liability with respect to the Companys is not possible.

The conditions on liability limitation set forth hereof shall not apply to claims regarding warranty and operation faults where the liability is defined by the governing law.

 

 

GOWEMING LAW AND SEVERABILITY

 

This LICENSE shall be governed by the law of the Republic of Lithuania.

If for any reason any part of this LICENSE shal be adjudged by any court of competent jurisdiction to be invalid, the remainder of this LICENSE shall continue in force.

All disputes arising from or in relation to this software license agreement and the LICENSE shall be handled in the court of competent jurisdiction of the Republic of Lithuania according to the principle place of business of the Company.

 

 

ENTIRE AGREEMENT

 

This LICENSE is the authorization (permission) allowing to use the SOFTWARE for which it is issued. It supersedes all previous understandings and agreements between the PARTIES concerning the issue in question. Only those changes and amendments of the LICENSE that are made by the Company in writing and bear signature confirmation shall be deemed legally binding.