This End-User License Agreement (“EULA”) is a legal agreement between Licensee (either an individual or a single entity) and Business Forecast Systems, Inc. (“BFS”) for the BFS software that accompanies this EULA.
A. “BFS” means Business Forecast Systems, Inc., 465 Waverley Oaks Road, Suite 318, Waltham, Massachusetts 02452 USA, the author and owner of the copyright of this computer program product.
B. “Computer” means the single computer, workstation, terminal or other digital electronic device on which You use this program.
C. “Software” means the set of computer software programs in this package, regardless of the form in which You subsequently use it.
D. “Licensee” means an individual or single entity exercising rights under and complying with all the terms of this EULA. In the remainder of this EULA, the Licensee is referred to as “You.”
E. “Authorized User” means the Licensee in the case where the Licensee is an individual. In the case where the Licensee is an entity, “Authorized User” means (i) an employee of the Licensee, but only while such employee is acting within the scope of such employee’s employment by Licensee; and (ii) the primary user of the Computer on which the Software is installed.
If You do not agree with the terms of this EULA, BFS does not grant any license to the Software and You should not download, install or use the Software. In such event that You do not agree with the terms of this EULA and have already installed or downloaded the Software, You must remove the Software from your Computer and return to BFS the complete software package, including disks and printed materials, and destroy all copies (or, if You downloaded the Software, notify BFS in writing that You have removed the Software from your Computer and destroyed all copies). If You do not comply with these return and notification requirements within thirty days (30) of your receipt of the Software, You will not be entitled to a refund of any license fees You paid.
BFS retains title, ownership, and all rights and interests in and to the Software, documentation and all other materials supplied by BFS. BFS does not sell the Software or any copies thereof, but only grants limited licenses to use the Software in accordance with the terms of this EULA.
3. GRANT OF LICENSE
Upon acceptance of this EULA, BFS grants You a non-transferable, non-exclusive, limited right to use this copy of the Software. You may use the Software and the associated documentation only in connection with one Computer. You may physically move the Software from one Computer to another, provided that the Software is used on only one Computer at a time. You may not move the Software electronically from one Computer to another over a network. This license is granted for use by an individual Authorized User, and, in no event shall there be more than one Authorized User on the Computer where the Software is installed; e.g., there shall be no common sharing of a “Forecast Pro computer.” Each Authorized User must have a separate license to use the Software on his or her Computer.
4. LICENSE RESTRICTIONS
You acknowledge that the Software and its structure, organization, and source code constitute valuable trade secrets of BFS. You shall not, nor shall permit, assist or encourage any third party to:
- copy, modify, adapt, alter, translate, reverse engineer, decompile, disassemble, or attempt to derive the source code for the Software.
- merge the Software with other software and/or create derivative works from the Software.
- sublicense, distribute, publish, sell, lease, rent, loan, or otherwise transfer or allow access to the Software to any third party.
- use the Software in the operation of a service bureau.
- defeat, disable or circumvent any security measures BFS may use to prevent unauthorized use or copying of the Software.
5. TRANSFER OR REPRODUCTION
You may not transfer or reproduce the Software with the exception of making a maximum of two (2) copies of the Software to be used for backup purposes only. When using a Computer with a hard disk, one copy of the Software may be installed on the hard disk provided that the copy is removed if the Software is used on another Computer.
6. LIMITED WARRANTY
THE SOFTWARE, THE DOCUMENTATION, AND ANY OTHER MATERIALS THAT MAY BE PROVIDED BY BFS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. BFS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, THE DOCUMENTATION, AND ANY OTHER MATERIALS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR COURSE OF PERFORMANCE. BFS EXPLICITLY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET ALL OF YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES AND NO WARRANTIES ARE MADE HEREIN BY BFS.
7. LIMITATION OF LIABILITY
BFS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY BE RELATED TO THE FURNISHING, PERFORMANCE, OR USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, LOST PROFIT, OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER EVEN IF BFS HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT SHALL BFS’S LIABILITY UNDER THIS EULA EXCEED THE AMOUNT PAID FOR THE SOFTWARE LICENSE, IF ANY.
8. TERM AND TERMINATION
This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from BFS if You fail to comply with any provision of this EULA. Upon termination of this EULA, You must destroy all copies, full or partial, of the Software. You agree that upon termination of this EULA for any reason, BFS may take actions so that Software no longer operates.
9. GENERAL TERMS AND CONDITIONS
A. You acknowledge that You have read this EULA understand it, and agree to be bound by its terms and conditions. This EULA supersedes all prior agreements, oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this EULA. No modification of this EULA will be binding, unless made in writing and signed by an authorized representative of each party.
B. In the event that any portion of this EULA is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this EULA shall remain in full force and effect.
C. This EULA will be governed by and construed and enforced according to the laws of the Commonwealth of Massachusetts, USA excluding its conflict of law provisions.