END USER LICENSE AGREEMENT For BillGenerator
IMPORTANT: This BillGenerator (“Software”) End User License Agreement (“EULA”) is a legal agreement between you (either an individual or, if purchased for an entity, an entity) and Bindel. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THIS SOFTWARE. It provides a license to use this software and contains warranty and liability disclaimers. BY DOWNLOADING OR INSTALLING THE SOFTWARE YOU ARE INDICATING YOUR FULL AND VOLUNTARY ASSENT TO THE TERMS OF THIS LICENSE. If you do not agree to all of the following terms, do not download or install the software or discontinue use immediately and destroy all copies on your computer.
- License Grants and Purchase:
1.1 Demo Version. You may download and use the Demo Software for free. The demo version of the Software is not fully functional. HTML output is disabled and the generated bills have a watermark.
1.2 If you want to continue to use this Software after with all functions, you are required to purchase a license.
a) The following users are granted permission to purchase a discounted license for $99 EUR:
i) You are an individual, using BillGenerator only for personal and non-commercial uses.
ii) You are either an individual or business, using BillGenerator for a commercial purpose.
iii) You are an educational or other non-profit organization.
1.3 To purchase a licence go to https://darkfuture.shop/billgenerator/
1.4 This License is not a sale of the Software or any other copy. Bindel retains title and ownership of the Software and documentation, including all intellectual property rights. No title to the intellectual property in the Software is transferred to you. You will not acquire any rights to the Software except as expressly set forth herein.
1.5 Said purchased license shall apply to the current version of BillGenerator and any future versions of BillGenerator.
1.6 Bindel reserves the right within its sole discretion to modify the terms of its license for all future versions of BillGenerator.
- End User Support: At Bindel discretion, Bindel may provide support through email or discussion forums at facebook
- License Restrictions:
3.1 You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
3.2 You may not sell, rent, lease, sublicense, transfer, resell for profit or otherwise distribute the Software, its documentation, or any part thereof.
3.3 You may not modify the Software or create derivative works based upon the Software. However, you may develop, distribute, and sell plug-ins and extension software that interacts with BillGenerator or BillGenerator Extensions APIs, provided that such activity does not conflict with any other provision of this Agreement. (Use of third party APIs may require you to enter into additional legal agreements with the third party. Use of the BillGenerator Extensions API does not require any additional legal agreement.)
3.4 You may not remove or obscure any copyright and trademark notices relating to the Software.
3.5 Note that specific included libraries/executables are licensed under the GNU GPL and/or LGPL; these libraries/executables do not have the above restrictions.
- Ownership and Intellectual Property Rights: This Agreement gives you limited rights to use the Software. Bindel retains any and all rights, title and interest in and to the Software and all copies thereof, including copyrights, patents, trade secret rights, trademarks and other intellectual property rights. All rights not specifically granted in this Agreement, including International Copyrights, are reserved by Bindel. The structure, organization and code of the Software are valuable trade secrets and confidential information of Bindel.
- Disclaimer of Warranties: Bindel does not warrant that the Software is error free. Bindel offers the Software “as is” and “with all faults” and by using the Software, you accept it “as is” and “with all faults”. Bindel disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Should the Software prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions may not allow the exclusion of implied warranties, so the above disclaimers may not apply to you.
- No Refund: Because the Software is provided free of charge for the demo version to allow potential customers to evaluate and test it before paying the license fee, Bindel enforces a strict no-refund policy. Please evaluate and test the Software carefully with the demo version. Once you pay the license fee, your payment is final and may not be reimbursed.
- Limitations on Liability: To the maximum extent permitted by applicable law, Bindel shall not be liable for any special, incidental, indirect, or consequential damages whatsoever, (including, but not limited to, damages for loss of profits or loss of confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever), arising out of or in any way related to the use or inability to use the Software, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this EULA, even in event of fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Bindel, and even if Bindel has been advised of the possibility of such damages. In any case, Bindel’ entire liability under the provisions of this EULA or the applicable law shall be limited to the amount paid by you for the Software. Some jurisdictions may not allow the exclusion of consequential damages, so the above limitations and exclusions may not apply to you. This Agreement sets forth Bindel’ entire liability and your exclusive remedy with respect to the Software.
- Termination of EULA: This Agreement is effective until terminated. This Agreement, including the license to use the Software, will terminate automatically if you fail to comply with any term or condition.
- General:
9.1 Bindel reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
9.2 If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected.
9.3 This Agreement is to be governed by and construed in accordance with the laws of California. Each party for itself and its property, hereby submits to the jurisdiction and venue of San Francisco, California in relation to any claim or dispute that may arise with respect to this Agreement and any judgment that may be rendered in connection with any such claim or dispute. This Agreement will be will be interpreted as if the agreement were made between California residents and performed entirely within California.
9.4 You may not assign this Agreement. Any attempt by You to assign this Agreement will be null and void.
9.5 This Agreement contains the entire agreement between Bindel and You related to the software and supersedes all prior agreements and understandings, whether oral or written. All questions concerning this Agreement shall be directed to licensing@Bindel.com.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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