IMPORTANT, PLEASE READ THIS FIRST. THIS IS A LICENSE AGREEMENT.
BLOOM UNIT IS WILLING TO LICENSE THE ACCOMPANYING SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT AND ANY SUPPLEMENTARY OR UNIQUE LICENSE TERMS INCLUDED HEREWITH ("AGREEMENT" or "EULA").
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE SELECTING "YES" WHEN ASKED TO ACCEPT THEM BY THE INSTALLER PROGRAM OR IF THE SOFTWARE DOES NOT REQUIRE INSTALLATION WHEN TAKING DELIVERY OF THE SOFTWARE BY DOWNLOAD OR OTHER DIGITAL MEANS. BY SO ACCEPTING THIS AGREEMENT, YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS OF THE AGREEMENT AND THE SOFTWARE WILL BE INSTALLED.
IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT AND YOU DO NOT AGREE TO ALL OF ITS TERMS AND CONDITIONS, SELECT "NO" WHEN ASKED TO ACCEPT THEM BY THE INSTALLER PROGRAM, WHICH WILL CANCEL THE LOADING OF THE SOFTWARE OR IF THE SOFTWARE DOES NOT REQUIRE INSTALLATION THEN DO NOT ACCEPT DELIVERY OF THE SOFTWARE BY DOWNOAD OR OTHER DIGITAL MEANS. YOU MAY THEN RETURN THIS SOFTWARE TO THE LOCATION WHERE YOU ACQUIRED IT IN ACCORDANCE WITH THE RELEVANT RETURN POLICY.
YOUR USE OF THE SOFTWARE ALSO INDICATES YOUR ASSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
COPYING OR USE OF THIS SOFTWARE OR ITS DOCUMENTATION EXCEPT AS PERMITTED BY THIS AGREEMENT IS UNAUTHORIZED AND IS COPYRIGHT INFRINGEMENT UNDER THE LAWS OF YOUR COUNTRY. IF YOU COPY OR USE THIS SOFTWARE OR ITS DOCUMENTATION WITHOUT PERMISSION OF BLOOM UNIT, YOU ARE VIOLATING THE LAW. YOU MAY BE LIABLE TO BLOOM UNIT FOR DAMAGES, AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES.
NOTE: IF THIS COPY OF THE SOFTWARE IS DESIGNATED AS A DEMONSTRATION OR EVALUATION COPY, THE FOLLOWING TWO PARAGRAPHS ALSO APPLY TO YOU:
THIS SOFTWARE IS MADE AVAILABLE FOR A 30-DAY EVALUATION PERIOD ONLY, UNLESS OTHERWISE SPECIFIED BY BLOOM UNIT IN WRITING. TO EXTEND YOUR USE OF THE SOFTWARE, YOU MUST CONTACT BLOOM UNIT OR A BLOOM UNIT AUTHORIZED RESELLER TO REMIT THE PURCHASE PRICE AND RECEIVE YOUR AUTHORIZATION CODE OR NEW PAID-IN-FULL COPY ENTITLING YOU TO THE COMMERCIAL LICENSE RIGHTS GRANTED BELOW.
DURING THE EVALUATION PERIOD, YOU MAY USE ONE COPY OF THE SOFTWARE ONLY TO EVALUATE IT. USE DURING THE EVALUATION PERIOD FOR ANY OTHER PURPOSE, INCLUDING COMPETITIVE ANALYSIS OR COMMERCIAL USE, IS STRICTLY PROHIBITED. UPON YOUR PURCHASE OF A LICENSE FOR THIS SOFTWARE, USE OF THE SOFTWARE SHALL NO LONGER BE SUBJECT TO THE FOREGOING RESTRICTION.
NOTE: IF THIS COPY OF THE SOFTWARE IS DESIGNATED AS A FIXED-TERM LICENSE, A LIMITED DURATION LICENSE OR A RENTAL LICENSE, THE FOLLOWING PARAGRAPH ALSO APPLIES TO YOU:
THIS SOFTWARE IS MADE AVAILABLE FOR THE FIXED-TERM FOR WHICH YOU HAVE PAID AND WILL CEASE TO OPERATE ON THE EXPIRATION OF THAT FIXED-TERM. USE OF THIS SOFTWARE AFTER THE EXPIRATION OF THE FIXED-TERM, OR ANY ATTEMPT TO DEFEAT THE DISABLING FUNCTION, WILL BE IN VIOLATION OF THIS AGREEMENT AND MAY CONSTITUTE COPYRIGHT INFRINGEMENT.
NOTE: IF THIS COPY OF THE SOFTWARE IS DESIGNATED AS AN " EDUCATIONAL LICENSE" OR " ACADEMIC LICENSE" , THE FOLLOWING PARAGRAPH ALSO APPLIES TO YOU:
YOU MUST BE ENROLLED OR EMPLOYED BY AN ACADEMIC INSTITUTION, USING THE SOFTWARE FOR EDUCATIONAL PURPOSES. IF YOU DO NOT MEET THIS QUALIFICATION, YOU HAVE NO RIGHTS UNDER THIS AGREEMENT. NON-EDUCATIONAL RESEARCH CONDUCTED USING THE FACILITIES OF AN ACADEMIC INSTITUTION OR UNDER AN ACADEMIC NAME DOES NOT QUALIFY AND REPRESENTS A VIOLATION OF THE TERMS OF THIS AGREEMENT.
The term "You" or "you" means the company, entity or individual who is acquiring a license to materials under this Agreement; "we", "us" or "BLOOM UNIT" means BLOOM UNIT Pty Ltd and "both of us" means both you and us.
Conditional on payment of the appropriate fee (if so required) for the license to the program you acquire, BLOOM UNIT grants you a nonexclusive, nontransferable license to use the program you have acquired by way of download or other purchase to which these terms are made applicable (the "Software") and its manual, if any, and other accompanying material ("Documentation") with equipment owned by you or under your control, according to the terms and conditions of this Agreement, including the use restrictions specified below depending on the type of license you have acquired. Unless explicitly and specifically agreed to otherwise in writing by BLOOM UNIT or a reseller authorized by BLOOM UNIT to resell the Software (an "Authorized Reseller"), this Agreement permits a single user to install and use the Software on only one computer at one location at any one time.
Evaluation Version: If this Software is identified as a demonstration, evaluation, or Not-for- Resale (NFR) version, you may use it only for the purpose of commercial evaluation and demonstration. You may not use it for competitive analysis, or commercial, professional, or for-profit purposes.
Education Version: If this Software is identified as an education or training version, you may use it only for the purpose of education or training. You may not use it for competitive analysis, or commercial, professional, or for-profit purposes.
Backup Copy: Regardless of which version of the Software you have acquired, you may make one archival (backup) copy of the Software. Such archival copy may not be installed on another computer, unless such computer is a partitioned drive of a server to which only the authorized user has access. In any event, the archival copy may not be used or installed as long as another copy of the Software is installed on any computer. If the Documentation is in printed form, it may not be copied. If the Documentation is in electronic form, it may not be duplicated electronically; however, you may print out one (1) copy, which may not be copied.
Upgrades: If this Software is labeled as an upgrade ("New Version") to software previously licensed to you ("Previous Version"), upon request by BLOOM UNIT you must return any Documentation to BLOOM UNIT or an Authorized Reseller and you must destroy all copies of the Previous Version, including any copies resident on your hard disk drive within sixty (60) days of acquiring the New Version. BLOOM UNIT reserves the right to require you to show satisfactory proof that the Previous Version has been destroyed in such case. In the event BLOOM UNIT or an authorized third-party in connection with the Software licensed to you hereunder provides you additional software that supplements or extends the Software, that additional software shall be subject to the terms and conditions of this Agreement unless otherwise specified at the time of delivery.
License Term: Subject to the terms and conditions of this Agreement, the license to use the Software is perpetual, unless the Software is designated as a fixed-term license, a limited duration license or a rental license, and in such case the term of the license shall be the term for which you have paid.
Third Party Materials: We may provide and sub-license to you certain software which is specifically labeled as being provided by and/or owned by third parties ("Third Party Materials"). We make no claim of ownership of such software
Certain of the Third Party Materials supplied by us for use with the Software are accompanied by license agreements containing terms which are different that this Agreement ("Third Party Agreements") . Any Third Party Agreements are supplied with such Third Party Materials, either electronically in a "license.txt" file in the root directory of the installation media, or the subdirectory in the installation media containing the Third Party Materials, or in some cases in paper form. In any such situation, the Third Party Materials are supplied solely in accordance with the Third Party Agreements.
More specifically, certain of the Third Party Materials are governed by open-source software license agreements, such as the GNU Lesser General Public License. We make no claim of ownership of such open-source software, and such software is supplied solely in accordance with the Third Party Agreements relating to such software. Accordingly, the restrictions in this Agreement concerning scope of use, ownership, modification, and other provisions relating to the Software may not apply to such open-source software.
In any event, however, our disclaimer of warranty and limitations of liability below under "General Limited Warranty" and "Limitation of Liability" apply to all Third Party Materials.
You may not:
a. copy or use the Software or Documentation except as
permitted by this Agreement.
b. reverse engineer, decompile, or disassemble the
Software except to the extent permitted by law where this is indispensable to obtain the information necessary to achieve interoperability of an independently created program with the Software or with another program and such information is not readily available from BLOOM UNIT or elsewhere.
c. distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or part of the Software, Documentation or any rights granted hereunder to any other person without the prior written consent of BLOOM UNIT.
d. except for the case of the software product RealityServer®, install or use the Software over the Internet, including, without limitation, use in connection with a Web hosting or similar service, or make the Software available to third parties via the Internet on your computer system or otherwise.
e. remove, alter, or obscure any proprietary notices, labels, or marks from the Software or Documentation.
f. modify, translate, adapt, arrange, or create derivative works based on the Software or Documentation for any purpose.
g. utilize any equipment, device, software, or other means designed to circumvent or remove any form of copy protection used by BLOOM UNIT in connection with the Software, or use the Software together with any authorization code, serial number, or other copy protection device not supplied by BLOOM UNIT directly or through an Authorized Reseller.
h. export the Software or Documentation in violation of U.S. or other applicable export control laws.
Title and copyrights to the Software, Documentation and accompanying materials, if any, and any copies made by you remain with BLOOM UNIT and its licensors. The structure, organization, and code of the Software are valuable trade secrets of BLOOM UNIT and its licensors. This Agreement does not grant you any intellectual property ownership rights. The terms "sale," "sell", "resell" and other similar terms, when used in connection with the Software shall mean the granting of the licenses provided for herein, and shall not be deemed for any purpose to mean a transfer of title or other rights of ownership to the Software.
For a period ninety (90) days from the delivery of the Software to you, BLOOM UNIT warrants that the Software will provide the facilities and functions generally described in the Documentation and that the media on which the Software is furnished, if any, the Documentation accompanying the Software will be free from defects in materials and workmanship under normal use. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, BLOOM UNIT MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU, AND BLOOM UNIT SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BLOOM UNIT DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. The above exclusions may not apply to you as some jurisdictions do not allow the exclusion of implied warranties. In addition to the above warranty rights, you may also have other rights, which vary from jurisdiction to jurisdiction.
BLOOM UNIT' entire liability and your exclusive remedy under the warranties made in this Agreement will be, at BLOOM UNIT' option, to attempt to correct or work around errors, to replace the defective media, if any; Documentation; or to refund the purchase price and terminate this Agreement. This remedy is subject to the return of the defective media, or Documentation with a copy of your receipt to your local BLOOM UNIT office or the Authorized Reseller from whom it was obtained within ninety (90) days from the date of its delivery to you.
IN NO EVENT WILL BLOOM UNIT OR ANY OF ITS LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF BLOOM UNIT OR ANY BLOOM UNIT RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK.
BLOOM UNIT SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF THE SOFTWARE OR OF ANY COPY PROTECTION DEVICE/CODE WITH WHICH THE SOFTWARE IS SUPPLIED. SPECIFICALLY, BLOOM UNIT SHALL NOT BE OBLIGATED TO REPLACE ANY LOST OR STOLEN SOFTWARE OR COPY PROTECTION DEVICE/CODE. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING THE SOFTWARE AND ANY COPY PROTECTION DEVICE/CODE FROM LOSS OR THEFT AND PROTECTING YOUR INVESTMENT THROUGH INSURANCE OR OTHERWISE.
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
The Software is a "commercial item," as that term is defined in 48 C.F.R. 12.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein
If you purchased this product in Canada, you agree to the following: The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto, including Notices, have been and shall be written in the English language only. Les parties ci-dessus confirment leur désir que cet accord ainsi que tous les documents, y compris tous avis qui s'y rattachent, soient rédigés en langue anglaise.
BLOOM UNIT may terminate this Agreement immediately if you breach any of the provisions of this Agreement. This Agreement and the license granted hereby shall terminate without further notice or action by BLOOM UNIT if you, the licensee, become bankrupt, make an arrangement with your creditors or go into liquidation. Upon any such termination or expiration, you must discontinue all use of the Software, and immediately destroy the Software together with all copies. The provisions of this Agreement (other than your license to use the Software) shall survive the termination of the license, or the termination or expiration of this Agreement.
a. This Agreement shall not be governed by the UN Convention on Contracts for the Sale of Goods. This Agreement shall be governed by the laws of the State of Victoria, Australia. This Agreement is the entire agreement between us and supersedes any other communications or advertising with respect to the Software and Documentation.
b. If any provision of this Agreement is found to be invalid or otherwise unenforceable, the further conditions of this Agreement will remain fully effective and the parties will be bound by obligations which approximate, as closely as possible, the effect of the provision found invalid or unenforceable, without being themselves invalid or unenforceable.
c. Certain uses of MPEG-2, and related software products, may be subject to third party license - contact MPEG LA (www.mpegla.com) for details. This Agreement does not grant a license to use MPEG-2, or related software products, in a manner inconsistent with the MPEG LA Patent Portfolio License. Certain uses of MP3 audio coding technology may be subject to additional license requirements. For example, with respect to MP3 audio content, supply of this product does not convey a license nor imply any right to use content created with this product in any commercial (i.e., revenue-generating) real time broadcast (terrestrial, satellite, cable and/or any other media), broadcasting/streaming via Internet, intranets and/or other networks or in any other electronic content distribution systems, such as pay-audio or audio-on demand applications. An independent license for such use is required. For details, please visit http://www.mp3licensing.com.