Bendsoft is a trademark of Bendsoft
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ISSUE DATE: October 2013
Copyright 2013 Bendsoft. All rights reserved.
NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING, OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED: FOR EXAMPLE, IF APPLICABLE, YOUR EMPLOYER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
YOU MAY HAVE ANOTHER WRITTEN AGREEMENT DIRECTLY WITH BENDSOFT (E.G., A VOLUME LICENSE OR PROFESSIONAL SERVICES AGREEMENT) THAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT.
"Bendsoft" means the Bendsoft Corporation.
"Licensee" means the individual or legal entity to which the license is granted.
"Software" means all the content with which this Agreement is provided, including but not limited to (i) all software files and other computer information; (ii) any included modules without other licensing.
"Install" means placing the Software on a computer's hard disk or other secondary storage device.
"Agreement" means the terms and conditions of this license agreement.
"CLA" means Camelot License Agreement.
"License Key" means the file provided by Bendsoft that is used to activate the Software on the computer where it is installed.
"Development Environment" means the technical environment in which you use the Software for testing and development purposes only.
"Production Environment" means the technical environment in which you use the Software for your business purposes.
"Private Use" means used by the Licensee only for development and testing purposes.
2. CLA SOFTWARE LICENSE
If you obtained the Software and any required License Key from Bendsoft and as long as you comply with the terms of this Agreement, Bendsoft grants you a limited, non-exclusive and non-transferable license to Install and use the Software in a manner consistent with its design and documentation. The Licensee must understand that (i) the Software and its license is "in use" on a computer when it is installed onto its hard drive or other secondary storage device; (ii) the license is bound to a specific computer during the subscription or license period and may not be used on more than one computer simultaneously; (iii) the license will last for a given period stated when you obtained your license from Bendsoft (see section 2.2 and 2.3), thereafter the license must be renewed; (iv) if the license has not been renewed upon the due date, this Agreement will automatically be terminated and the Software will cease to work (see section 4).
2.1 LICENSE TYPES
The CLA includes three types of licenses: (i) Development License (see section 2.2), (ii) Production License (see section 2.3) and (iii) Trial License (see section 2.4).
2.2 DEVELOPMENT LICENSE
The CLA allows you to use the Development License in a dedicated Development Environment to develop commercial or non-commercial products that utilize the Software. The license must be provided by Bendsoft and will last for a given period. THE DEVELOPMENT LICENSE MAY ONLY BE USED FOR PRODUCT DEVELOPMENT AND TESTING PURPOSES. THE DEVELOPMENT LICENSE IS FOR YOUR PRIVATE USE ONLY. USE OF THE DEVELOPMENT LICENSE IN A LIVE OR PRODUCTION ENVIRONMENT IS PROHIBITED AND CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT. ANY MISUSE OF THE DEVELOPMENT LICENSE RESULTS IN IMMEDIATE TERMINATION OF THE LICENSE AND A BAN OF THE ACTUAL COMPUTER AND THE LICENSEE.
2.3 PRODUCTION LICENSE
The CLA allows you to use the Production License in a Development Environment or Production Environment to develop or host commercial or non-commercial products that utilize the Software. The license must be provided by Bendsoft and will last for a given period.
2.4 TRIAL LICENSE
The CLA allows you to use the Trial License to evaluate the software, which includes: (i) the right to use the software in executable form on one computer and (ii) the right to use and copy all content created using the software strictly for EVALUATION AND TESTING PURPOSES ONLY for as long as the license is valid and NOT for other individual purposes or for other internal corporate purposes. The license must be provided by Bendsoft and will last for a given period. The Trial License period cannot be extended but may be converted to other license forms.
You may not do any of the following yourself or permit any third party with whom you have a business relationship to do any of the following: (i) modify, adapt or translate the Software or create derivative works based upon the Software; (ii) decompile, disassemble or reverse engineer the Software, in whole or in part; (iii) defeat, disable, or circumvent any protection mechanism related to the Software; (iv) use the Software or any parts of it to develop a product directly competing with the Software; (v) rent, lease, license, transfer, assign, sell or otherwise provide access to the Software, in whole or in part.
4. SOFTWARE LICENSE EXPIRACY
If the license is not renewed before the due date that was stated when the license was obtained, the Software will cease to work the day after due date and this Agreement will be terminated automatically.
5. LIMITED WARRANTY
Bendsoft warrants to the individual or legal entity that obtain a license for the Software pursuant to the terms of this Agreement that the Software will perform substantially in accordance with the Documentation for the first ninety (90) days from purchase following receipt of the Software when used on the recommended operating system and hardware configuration. Non-substantial variation of performance from the Documentation does not establish a warranty right. If the Software does not perform substantially in accordance with the Documentation, the entire liability of Bendsoft and your exclusive remedy will be limited to either, at Bendsoft’s option, replacement of the Software or refund of the license fee you paid for the Software. Any loss of functionality caused by changes of third party software is not covered by any warranty included in this Agreement. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS UNDER LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. BENDSOFT DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW.
THE LIMITED WARRANTY IN SECTION 5 IS THE ONLY WARRANTY OFFERED BY BENDSOFT AND IT STATES THE SOLE AND EXCLUSIVE REMEDIES FOR BENDSOFT’S BREACH OF THAT OFFERED WARRANTY. THE LIMITED WARRANTY IN SECTION 5 AND ANY STATUTORY WARRANTY AND REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW ARE THE ONLY WARRANTIES APPLICABLE TO THE SOFTWARE. BENDSOFT DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. The provisions of section 5, 6 and 7 shall survive the termination of this Agreement, but this will not imply or create any continued right to use the Software after termination of this Agreement.
7. LIMITATION OF LIABILITY
EXCEPT FOR THE EXCLUSIVE REMEDY OFFERED BY BENDSOFT ABOVE AND ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, BENDSOFT WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION OR CLAIMS BY A THIRD PARTY.
Without prejudice to any other rights, Bendsoft may terminate this Agreement if the Licensee breaches any of its terms and conditions or if the Licensee becomes bakrupt or insolvent. Termination of the license due to non-compliance will not result in any refunds of license fees.
If the Software does not operate as stated in section 5 you are entitled to apply for a refund of the license fee.