End User License Agreement
End User License Agreement (EULA) v1.2
for BPC PowerForms
This EULA is a legally binding agreement between you (either an individual or a legal entity) and BEST PRACTICE CONSULTING SA (“BPC”) for the BPC software Product identified in the title of this document and that accompanies this EULA, which includes computer software and may include associated media, printed materials, “online” and electronic documentation as well as updates (“Software”). YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE.
1. GRANT OF LICENSE
In return for your payment of all applicable license fees for the Software, BPC grants to you a nonexclusive, limited, non-transferable, perpetual, royalty free license to install and use the specific Software version on a single computer. The software is licensed in the above context and NOT sold. You acknowledge that BPC transfers no ownership interest in the software, in the intellectual property of the software or in any software copy, to you under this Agreement or otherwise, and that BPC reserves all rights no expressly granted to you in this Agreement.
2. COPYING AND USAGE RESTRICTIONS
You may only install the software to a single physical or virtual computer for use. You may however make full or partial copies of the software but only for backup or archival purposes. You cannot have the software copies in operational condition for development, testing, fail-over or any other reasons in additional computers than the one licensed.
3. ENFORCEMENT OF TERMS
If you fail to fulfill any of your obligations under this Agreement, BPC will pursue all available legal measures to enforce this Agreement. BPC may, at any time after your accept this Agreement, terminate it and revoke all licenses and rights granted to you under this Agreement. You agree that, if BPC terminates this Agreement, you will, within thirty (30) days after any such termination, render unusable all software originally provided to you and any copies of it.
4. GOVERNING LAW
This Agreement shall be governed and interpreted in accordance with the laws of the Hellenic Republic and shall be subject to the jurisdiction of the courts of the district of Athens.
5. PROOF OF LICENSE
Your proof of license is the genuine activation code and license file AND the proof of purchase or invoice coming directly from BPC or one of its resellers.
6. LIMITED WARANTY
If you follow the instructions, the software will perform substantially as described in the relevant BPC materials for each specific version. The limited warranty covers the software for sixty (60) days from the acquisition date as mentioned in the proof of license. If you receive updates or replacement software during the 60 days they will be covered for the remainder of the warranty or 20 days whichever is longer.
This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond BPC's reasonable control.
BPC will repair or replace the software (via a patch, service release, hotfix, workaround or new version) at no charge. If BPC cannot repair or replace the software it will refund the amount shown on the proof of license invoice. Upon this refund you must render unusable all software originally provided to you and any copies of it.
No oral or written information or advice given by BPC, its resellers, agents or employees shall create a warranty or in any way increase the scope of the warranty provided herein.
7. LIMITATION OF LIABILITY
In no event shall BPC be liable to you for any direct, special, consequential, incidental, punitive, cover or indirect damages of any kind (including but not limited to damages arising from loss of data, inability to access data, hardware damage, loss of profits, loss of business, business interruption) however this damages were caused. BPC liability arising out of this agreement and your use of the software will not exceed the amount of the license fee for the software provided under this agreement.
Some or all of the software may be licensed on a trial basis. Your rights to use trial software are limited to the trial period. The trial software and length of the trial period are set forth during the download process. After the expiration of any trial period without conversion to a perpetual license, most features of the trial software will stop running. You may convert an installed trial version to the full version by installing the appropriate license file.
9. LAWFUL PURPOSES
You shall only use this software for lawful purposes.
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
The limitations or exclusions of warranties or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws where you are located. Such laws shall govern this Agreement only to the extent a party protected by such laws cannot waive the protection thereof by contract.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.