BiMUp Limited – BiMUp 5D SOFTWARE LICENSE AGREEMENT



READ THIS LICENSE AGREEMENT CAREFULLY-IT CONTAINS THE TERMS AND CONDITIONS OF YOUR SOFTWARE LICENSE AGREEMENT. TO INSTALL THE PROGRAM YOU MUST INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE CONDITIONS, ENTER “NO” for “I DO NOT AGREE.” THE PROGRAM WILL ABORT INSTALLATION AND YOU SHOULD PROMPTLY CONTACT YOUR SUPPLIER OR BiMUp Limited.

TERMS AND CONDITIONS

BiMUp Limited licenses the use of the BiMUp 5D software program (“THE SOFTWARE”) to you on the terms and conditions stated herein. You assume responsibility for the selection of the SOFTWARE to achieve your intended results, and for the installation and use made of the SOFTWARE, as well as the results obtained from the SOFTWARE. BiMUp Limited software is licensed and not sold, and title in and to it is retained by BiMUp Limited.

1. GRANT OF LICENSE

BiMUp Limited grants you a non-exclusive , non-transferable license to use one copy of the BiMUp Limited software program on a single terminal connected to a single computer. [The SOFTWARE is "in use" on a computer when it is loaded in temporary memory or installed into the permanent memory (e.g., hard disk drive, CD-ROM, or other storage device) of that computer. You may not network the SOFTWARE or otherwise use it on more than one computer or computer terminal at the same time unless such right has been specifically granted by BiMUp Limited.

2. COPYRIGHT

The SOFTWARE is owned by BiMUp Limited or its suppliers and is protected by United States copyright laws and international treaty provisions. You may not copy or otherwise reproduce the accompanying written material. The SOFTWARE must be treated like all other copyrighted material except that you may either:
a. Make one copy of the SOFTWARE solely for backup or archival purposes, or
b. Transfer the SOFTWARE to a single hard disk or other storage device provided you keep the original solely for backup or archival purposes.

3. OTHER RESTRICTIONS

You may not sell, rent, lease, sub-license, assign, give, or distribute the SOFTWARE to third parties. You may not reverse engineer, decompile, or disassemble the SOFTWARE. You may not transfer the SOFTWARE and any accompanying written materials except with the prior written consent of BiMUp Limited, and then only on a permanent basis, provided that you retain no copies, the recipient agree to the terms of this license, and all requirements of BiMUp Limited's License Transfer Program are met.

4. LIMITED WARRANTY

The SOFTWARE, including instructions for its use and installation is provided AS IS. BiMUp Limited does not warrant that the SOFTWARE will meet your requirements or that the operation of the SOFTWARE will be uninterrupted or error free.

BiMUp Limited warrants to the original licensed end-user that the media on which the SOFTWARE is recorded will be free, under normal use, from defects in material and workmanship appearing and reported to BiMUp Limited within thirty (30) days from the date of delivery to the original licensed end-user. BiMUp Limited's sole obligation, and your exclusive remedy, shall be to replace without charge any media not meeting this warranty. No supplier of this software is authorized to modify or extend this warranty.

5. Refunds

We will only accept a refund request if an activation key has not been obtained from us.

DISCLAIMER OF WARRANTIES

THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED, OR STATUTORY. BiMUp Limited FURTHER DISCLAIMS WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

IN NO EVENT SHALL BiMUp Limited, ITS AUTHORS, OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR EXEMPLARY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS OR LOSS OF SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF BiMUp Limited HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY ANY OTHER PARTY FROM YOUR USE OF THE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


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