Creative Bear Tech Software - End User License Agreement
OUR SOFTWARE MAY TAKE SOME TIME TO LEARN PROPERLY. WE HAVE PROVIDED MANY COMPREHENSIVE GUIDES AND RESOURCES. PLEASE GO THROUGH THEM VERY CAREFULLY. IF YOU HAVE ANY QUESTIONS, YOU CAN POST ON OUR OFFICIAL SUPPORT FORUM. WE ARE UNDER NO DUTY TO PROVIDE YOU WITH TUTORIALS OR TRAIN YOU HOW TO USE THE SOFTWARE BECAUSE THIS INFORMATION IS ALREADY PROVIDED. WE WILL ENDEAVOUR TO HELP YOU AS MUCH AS WE CAN BUT YOU CANNOT DEMAND SUPPORT AT THIS VERY MINUTE WHEN YOU NEED IT.
IF YOU NOTICE THAT A CERTAIN FUNCTION WITHIN THE SOFTWARE IS NOT WORKING PROPERLY, PLEASE NOTIFY US AND OUR DEVELOPERS WILL INVESTIGATE, AND IF NEEDED, MAKE THE RELEVANT UPDATES.
FOR MOST OF OUR SOFTWARE, YOU WILL RECEIVE THE UPDATES AUTOMATICALLY.
WE HOPE THAT YOU ENJOY USING OUR SOFTWARE AND WE ARE SURE THAT YOU WILL LOVE IT AS MUCH AS WE DO. IF YOU EXPERIENCE ANY ISSUES, PLEASE CONTACT OUR SUPPORT TEAM AND ALLOW FOR AT LEAST 24 HOURS FOR A RESPONSE.
1. Installation
The Software supplied on a CD-ROM or DVD medium, sent via electronic mail, downloaded from the Internet, downloaded from servers of the developer or obtained from other sources shall require installation. You must install the Software on a correctly configured computer complying at least with requirements set out in the Documentation.
The manner of installation is specified in the Documentation.
No computer programs or hardware which could unfavourably affect the Software may be installed on the computer on which you install the Software.
2. GRANT OF LICENSE
This EULA grants you the following rights:
a. You can install the non-registered evaluation version of the software for a trial period of 7 days on any number of computers.
During the trial period, you have the rights to use the available functions of the SOFTWARE PRODUCT, make copies of the SOFTWARE PRODUCT for backup and archival purposes and evaluate hardware and software compatibility PRIOR registration.
For supported hardware and software which allow detection and display of disk information, please check the Support area of the website.
b. In business environments after the trial period of 7 days you MUST register the software to get a full licensed version or you must remove and destroy all copies of the SOFTWARE PRODUCT you have made.
c. The license you obtain grants the following rights:
i) You may install and use one copy of the Software, on a single computer with a single license
ii) You may store or install a copy of the Software on a storage device, such as a floppy/ZIP/CD/DVD/USB storage or network server; however, you must acquire and dedicate a license for each separate Computer on which the Software is run.
iii) Corporate license: if you bought Corporate license package, you may install and use as many copies of the SOFTWARE PRODUCT as you have purchased in the Corporate package.
You have the rights to make copies of the SOFTWARE PRODUCT for backup and archival purposes.
A license for the Software may not be shared or used concurrently on different Computers.
Apart from the cases described above, you do not have a licensed copy and you are not allowed to use the full functionality of the SOFTWARE PRODUCT.
Reproduction and Distribution.
You may NOT reproduce and distribute any copies of the SOFTWARE PRODUCT without the prior permission of the developer. If such permission is granted, then each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this End-User License Agreement.
You can terminate the End User License Agreement any time (see Termination section).
3. OTHER RIGHTS AND LIMITATIONS
This EULA restricts you from doing the following:
a. You may not remove or alter the copyright notices of the SOFTWARE PRODUCT
b. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
c. You may not rent or lease or lend the SOFTWARE PRODUCT.
d. You may not release derivative products (free or commercial) based on the SOFTWARE PRODUCT without the prior permission of the developer.
The developer may provide support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the policies and programs described in the user manual, in "online" documentation, and/or in other materials provided by the developer.
Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this End-User License Agreement.
The software may examine, collect and report information about the actual system including the operating system, hardware devices, drivers and other configuration details. With respect to technical information you provide to the developer as part of the Support Services, the developer may use such information for its business purposes, including for product support and development. The technical information is never used in a form that personally identifies you and never released to third parties for any reason.
4. SUPPORT
The developer shall ensure technical support for the most up-to-date version of the Software. Throughout the term of the License the End User shall have the right to use the following services:
The developer or its business partners shall ensure help and support in troubleshooting and debugging in the use of the most up-to-date version of the Software. A requirement for help and support must be sufficiently certain and must contain data enabling the replication of the reported problem.
If necessary, the End User shall be obliged to provide necessary assistance in solving a reported problem.
Updated versions: Updating shall include each new version or change of the Software or individual parts thereof, which the developer shall release on its websites or the websites of its business partners.
The developer shall make the Update accessible to the End User from the protected area of its websites through the Internet network.
No Support: The developer shall not be obliged to provide any support, particularly if a reported error:
i. results from any unauthorized interference with the Software, its source code, or by the use of incorrect parameters or settings of the Software, illegal copy of the software
ii. has occurred by the fault of servicing staff, or by the use of the Software in non-compliance with the Documentation,
iii. has already been resolved by the issuance of the Update, which the End User failed to install,
iv. the End User has failed to pay the License Fee or is otherwise provided for in this Agreement.
5. TERMINATION of the End User License Agreement
You may permanently transfer all of your rights under this End-User License Agreement if
- you retain no copies of any parts of the SOFTWARE PRODUCT
- you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials)
- the recipient agrees to the terms of this End-User License Agreement.
Without prejudice to any other rights, the developer may terminate this End-User License Agreement if you fail to comply with the terms and conditions of this End-User License Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts or return at your own costs the SOFTWARE PRODUCT, all back-up copies, if any, and all related materials to the developer or to the place where you obtained the SOFTWARE PRODUCT.
The developer has rights to modify, upgrade or replace the SOFTWARE PRODUCT at any time by offering you a replacement or modified version of the SOFTWARE PRODUCT. Any such replacement or modified software code or upgrade to the Software offered to you are considered part of the Software and subject to the terms of this EULA (unless you receive an updated EULA).
6. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by the developer or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This End-User License Agreement grants you no rights to use such content.
All rights not expressly granted are reserved by the developer.
7. WARRANTIES
THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
THE DEVELOPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
THE DEVELOPER IS NOT LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE OR OTHER LOSS) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE CERTAIN COUNTRIES AND CERTAIN LAWS DO NOT PERMIT THE EXCLUSION OF LIABILITY BUT MAY ALLOW THE LIMITATION OF LIABILITY, THE LIABILITY OF THE DEVELOPER, ITS EMPLOYEES OR LICENSE PROVIDERS SHALL BE LIMITED TO THE PRICE THAT YOU HAVE PAID FOR THE LICENSE.
If you do not accept this EULA, please stop downloading or using the Software in any ways.
Should you have any questions concerning this End-User License Agreement, or if you desire to contact the developer for any reason, please contact at [email protected].
YOU AGREE THAT YOUR USE OF THE SOFTWARE INDICATES THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND IT AND AGREE TO BE BOUND BY ITS PROVISIONS.
