End User License Agreement (EULA)
No Commercial and Military Use
By entering into this Agreement You acknowledge and agree that the Keyparc Software does not and does not intend to support commercial and military use.
Entering into this Agreement
Bloombase grants to User a personal, non-transferable, non-commercial and non-exclusive licence to use software and related documentation (hereinafter referred to as "Licensed Materials").
Restrictions of Export
User shall use Licensed Materials only for his own personal use in the country where he resides.
This licence grants User no right to sublicense and User will not sublicense such Licensed Materials nor will User modify, decompile, or disassemble software furnished as object code to generate corresponding source code.
Ownership of Software
All Licensed Materials (whether or not part of software) furnished by Bloombase and all copies thereof made by User, including translations, compilations, and partial copies, are the property of Bloombase.
Trademarks and Copyrights
Except for any part of such Licensed Materials which is or becomes generally known to the public through acts not attributable to User, User shall hold Licensed Materials in confidence and shall not, without Bloombase’s prior written consent, disclose, provide or otherwise make available, in whole or in part, any Licensed Materials to anyone. User shall not copy software. User shall not make any copies of any other Licensed Materials except as necessary in connection with the rights granted hereunder. User shall reproduce and include any copyright and proprietary notice of Bloombase on all such necessary copies of the Licensed Materials. User shall also mark all media containing such copies with a warning that the Licensed Materials are subject to restrictions contained in an agreement between User and Bloombase and that such Licensed Materials are the property of Bloombase.
Termination by You
When the Licensed Materials are no longer needed by User or if User's licence is cancelled or terminated, User shall return, uninstall or destroy all copies of such Licensed Materials to Bloombase or follow written disposition instructions provided by Bloombase.
New Versions of Keyparc
Bloombase may at any time without notice modify the specifications relating to its Licensed Materials. Bloombase may substitute modified Licensed Materials.
Termination by Keyparc
If User in the opinion of Bloombase fails to comply with any of the material provisions of this licence, Bloombase may at any time cancel any affected licence for Licensed Materials without notice. Termination of user accounts if users are believed to breach the EULA.
No Removal of Notices.
You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or Keyparc’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.
Software provided to User may contain optional features which are separately licensed and priced. User agrees that such optional features will not be activated without written authorization from Bloombase and User's payment of the appropriate licence fees. If, in spite of User's best effort to comply with this restriction, such features are activated, User agrees to so notify Bloombase promptly and to pay Bloombase the licence fees for the activated features, as well as the reasonable cost of money for the period in which such features were activated.
USER SHALL NOT
- modify, translate, reverse engineer, decompile, disassemble, otherwise attempt to derive source code, reverse engineer communications protocols from or create derivative works based on the Licensed Materials;
- make unauthorized copies of the Licensed Materials; or use the Licensed Materials for any commercial or military use;
- rent, transfer or grant any rights in any copy of the Licensed Materials, including the accompanying documentation, in any form to any person or entity or use the Licensed Materials on behalf of any such person or entity without the prior written consent of Bloombase; or
- remove any proprietary notices, labels or marks on or in any copy of the Licensed Materials, including the accompanying documentation.
This licence is not a sale of a copy. Title and copyrights to the Licensed Materials, including the accompanying documentation, remain with Bloombase. No rights are granted with respect to any software source code and binaries.
Distribution of Keyparc Software
You are not allowed to distribute the Keyparc Software under this Agreement. For the right to distribute You will have to agree to and meet with the Distribution Terms as published on the Keyparc Website.
Limitation of Liability
THE LICENSED MATERIALS ARE LICENSED TO USER ON AN "AS IS" BASIS. BLOOMASE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USER ASSUMES ALL RISK RELATING TO PERFORMANCE OF THE LICENSED MATERIALS . IN NO EVENT SHALL BLOOMBASE BE LIABLE TO USER AND OTHER THIRD PARTIES FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE MATERIALS, OR ANY OTHER SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITA-TIONS SHALL APPLY REGARDLESS OF WHETHER BLOOMBASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BLOOMBASE MAKES NO WARRANTY OF SERVICE AVAILABILITY AND SERVICE LEVEL OF ANY KIND.
Resolution of Disputes
Notwithstanding any provision or agreement to the contrary, it is hereby agreed that the provisions relating to the Licensed Material shall be subject to the interpretation of, and the rights and obligations of the parties pursuant to this licence shall be governed by the laws of the Hong Kong SAR. Any dispute or difference arising out of or in connection with this licence shall be referred to and determined by arbitration at Hong Kong International Arbitration Centre and in accordance with its Domestic Arbitration Rules.
Last revised: 8 May 2007