BCL TECHNOLOGIES, INC. END USER LICENSE AGREEMENT
IMPORTANT - READ THIS CAREFULLY BEFORE USING SOFTWARE
This End-User License Agreement (EULA) is a legal agreement between you (either an individual or an entity), the End-User, and BCL Technologies, Inc. ("BCL") governing your use of the software you have acquired from BCL (the "SOFTWARE").
The SOFTWARE subject to this EULA includes computer software, the associated media on which it is stored, any printed materials accompanying it, and any electronic documentation for it. By turning on a computer system on which it has been installed, opening the shrinkwrapped packaging, copying or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, BCL is unwilling to license the SOFTWARE to you. In such event, you may not use or copy the SOFTWARE, and you must promptly contact BCL for instructions on returning it to BCL.
For the purposes of this agreement, a “MACHINE” is defined as including both physical and virtual machines.
SOFTWARE PRODUCT LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
a. Software. Subject to the terms and conditions of this Agreement, BCL grants to the End-User a limited, nonexclusive, nontransferable license to use the SOFTWARE. You may install and use one (1) copy of the SOFTWARE on one (1) MACHINE.
b. Storage/Network Use. If you wish to store or install a copy of the SOFTWARE on a MACHINE connected to an internal network, you must first acquire from BCL additional licenses for the SOFTWARE for each computer connected to that internal network on which the SOFTWARE is to be used. This EULA does not permit the SOFTWARE to be used concurrently on more than one (1) MACHINE.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
a. Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE.
b. Separation of Components. The SOFTWARE is licensed as a single product. Its component parts and any upgrades may not be separated for use on more than one computer.
c. Rental. You may not lend, rent or lease the SOFTWARE to any other person or entity.
d. Software Transfer. You may permanently transfer all of your rights under this EULA only as part of a sale or transfer of ownership of the MACHINE on which it is installed, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA, and the Certificate(s) of Authenticity), if applicable, and the recipient agrees to the terms of this EULA. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE.
e. Termination. Without prejudice to any other rights, BCL may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), any accompanying printed materials, and any copies of the SOFTWARE, are owned by BCL or its licensors or suppliers. You may not copy any printed materials accompanying the SOFTWARE. All rights not specifically granted under this EULA are reserved by BCL or its licensors or suppliers.
4. PRODUCT SUPPORT
Refer to the documentation for the SOFTWARE for product support. If further support is still required, it is available through the BCL website at http://www.bcltechnologies.com.
5. LIMITED WARRANTY
BCL warrants that the SOFTWARE is distributed free from defects for a period of ninety (90) days from your receipt thereof. Your exclusive remedy in the event of any breach of the foregoing warranty shall be, at BCL's sole option, either (a) a refund of the amount you paid for the SOFTWARE or (b) repair or replacement of such media, provided that you return any defective media to BCL within ninety (90) days of your receipt thereof. The foregoing warranty shall be void if any defect is a result of accident, abuse or misapplication. Any replacement media will be warranted as set forth above for the remainder of the original warranty period or thirty (30) days from your receipt of such replacement media, whichever is longer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, BCL, ITS SUPPLIERS OR LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, IN CONNECTION WITH THE SOFTWARE AND ANY ACCOMPANYING DOCUMENTATION, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
6. LIMITATION OF LIABILITY
IN NO EVENT WILL BCL, ITS SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, COVER OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, USER DOCUMENTATION OR RELATED TECHNICAL SUPPORT, INCLUDING WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA OR MACHINE PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BCL, ITS SUPPLIERS' OR ITS LICENSORS' LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE PRODUCT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This EULA is governed by the laws of the United States and the State of California, without reference to conflicts of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. This EULA sets forth all rights for the user of the SOFTWARE and is the entire agreement between the parties. This EULA supersedes any other communications with respect to the SOFTWARE and any associated documentation. This EULA may not be modified except by a written addendum issued by a duly authorized representative of BCL. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by BCL or a duly authorized representative of BCL. If any provision of this EULA is held invalid the remainder of this EULA shall continue in full force and effect. The parties confirm that it is their wish that this EULA has been written in the English language only.
Licensed under Patent No. 5,490,216.
BCL EULA Ver. 2.9.0 (1/1/17)