FaMeBench

Copyright (c) 2015-2016 FaMe IT

1. LICENSE

By downloading or otherwise obtaining, installing or using FaMeBench ("Software"), you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by FaMe IT your use of FaMeBench indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, FaMe IT grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use FaMeBench in accordance with this Agreement and any other written agreement with FaMe IT. FaMe IT does not transfer the title of FaMeBench to you; the license granted to you is not a sale. This agreement is a binding legal agreement between FaMe IT and the purchasers or users of FaMeBench.

If you do not agree to be bound by this agreement, remove FaMeBench from your computer.

2. DISTRIBUTION

Access to FaMeBench (other then trial usage) is granted by an activation key. The activation key for FaMeBench shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part.

3. USER AGREEMENT

3.1 Use

Your license to use FaMeBench is restricted by the type of license purchased by you. You shall not allow others to use, copy or evaluate FaMeBench using your activation code.

If you do not use an activation code, the Software will operate in Trial mode. You may use FaMeBench for evaluation purposes only. You may not publish the output (including screenshots) of the Software in any form, way or manner.

If you obtained an activation key for the Personal Edition you may install and use the Software on three installations of an Operating System. You may not publish the output of the Software (including screenshots) for commercial gain. You may not remove the watermark from the output of the Software.

If you obtained an activation key for the Commercial Edition you may install and use the Software on one hundred installations of an Operating System owned, leased or rented and operated by a single company or person. You may publish the output of the Software (including screenshots) only on a single website or in a single printed medium for the entire duration of the license.

If you obtained an activation key for the Review Edition you may install and use the Software on three installations of an Operating System. You may publish the output of the Software (including screenshots) with the sole purpose of reviewing FaMeBench. You may not remove the watermark from the output of the Software.

3.1 Updates

FaMe IT may at its sole discretion provide minor or major updates to the software. Minor updates are bug fixes or small feature updates. Major updates include significant feature updates. FaMe IT has sole discretion to determine if it is a minor or major upgrade. You are allowed to use minor updates of the version for which you obtained an activation key under the terms of this agreement without additional charges. Major updates may require a new or additional license. However if a major update is published within one year after you obtained an activation key you are also licensed to use such an update under the terms of this agreement without additional charges.

3.2 Use Restrictions

You shall use FaMeBench in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of FaMeBench together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of FaMeBench. If any person other than yourself uses FaMeBench registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile FaMeBench. Nor can you create any derivative works or other works that are based upon or derived from FaMeBench in whole or in part.

FaMe IT retains sole and exclusive ownership of all right, title and interest in and to FaMeBench and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of FaMeBench, products and services. 

No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for FaMe IT.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend FaMe IT , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of FaMe IT's Software.

In no event (including, without limitation, in the event of negligence) will FaMe IT , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, FaMeBench or the use or inability to use FaMeBench or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

FaMe IT's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by FaMe IT ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to FaMe IT.

3.5 Warranties

Except as expressly stated in writing, FaMe IT makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the Netherlands applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Netherlands therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of FaMeBench and destroy all copies of FaMeBench in your possession. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY FaMeBench AS WELL.

5. CONSENT OF USE OF DATA

You agree that FaMe IT may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to FaMeBench. You agree that FaMe IT collects and uses anonymous usage statistics about FaMeBench to improve the Software. The collection and use of this data is governed by our Privacy Policy (http://www.fame-it.net/privacy).

6. USE OF SERVICES

Now or in future FaMeBench may offer you the possibility to use additional services. If you make use of these services you agree to be bound by our Terms of Service (http://www.fame-it.net/terms).