Amphis - BizMonitor 1.1


EULA - End User License Agreement



AMPHIS SOFTWARE

AMPHIS CUSTOMER - SOFTWARE END USER LICENSE AGREEMENT.

IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT (EULA) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND AMPHIS SOFTWARE LIMITED. READ IT CAREFULLY BEFORE INSTALLING AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO INSTALL AND USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL, COPY, OR OTHERWISE USE THE SOFTWARE.

1.Definitions
(a) 'Amphis Software' means Amphis Software Limited and its suppliers, if any.

(b) 'Software' means the AMPHIS BIZMONITOR software program supplied by Amphis Software Limited herewith, which may also include documentation, associated media, and printed materials.

2.License

This EULA allows you to:

(a) Install and use the Software on a single computer, or install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each computer on which the Software is installed and run. A license for the Software may not be shared or used concurrently on different computers.

(b) Make one copy of the Software in machine-readable form for backup purposes.

3.License Restrictions

(a) Other than as detailed in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software.

(b) You may not decompile, reverse engineer, disassemble, or otherwise convert the Software to a human readable form.

(c) You may not rent or lease the Software.

(d) As part of a sale or transfer, you may permanently transfer all of your rights under this EULA, provided you retain no copies of the Software, and you transfer this EULA with the Software. The recipient must agree to be bound by the terms of this EULA. If this Software is an upgrade, any transfer must include all prior versions of the Software.

(e) You may not modify the Software or use the Software to create other works.

(f) In the event that you fail to comply with this EULA, Amphis Software may terminate the license and you must destroy all copies of the Software.

(g) If this is an evaluation version of the software, then you may only use the software for the period of time allocated for the evaluation and you may only use the software for evaluation purposes. The evaluation time period is indicated to you in the README file as part of the installation. There are built-in checks to ensure that you do not use the software beyond this period.

(h) If this is an evaluation version of the software, there may be functionality restrictions built-in which limit the functionality until a valid license string is entered.

4.Upgrades

If this Software is an upgrade from an earlier version, it is provided to you on a license exchange basis. You agree by installing and using the Software to terminate your earlier EULA and you agree not to use the earlier version of the Software or transfer it to another person or entity unless such transfer is in accordance with Section 3.

5.Ownership

The EULA gives you limited license to use the Software. Amphis Software and its suppliers retain all right, title and interest, including all copyrights, in and to the Software and all copies thereof. All rights not specifically granted in this EULA, are reserved by Amphis Software and its suppliers.

6.LIMITED WARRANTY AND DISCLAIMER

(a) LIMITED WARRANTY.

Amphis Software warrants that, for a period of thirty (30) days from the date of purchase (as evidenced by a copy of your receipt), (i) when used with a recommended hardware configuration, the Software will perform in substantial conformance with any documentation supplied with the Software, and (ii) the physical media on which the Software is supplied will be free from defects in materials and workmanship under normal use.

(b) DISCLAIMER.

EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, AMPHIS SOFTWARE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, OR OTHERWISE INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.ALSO, THERE IS NO WARRANTY OF NONINFRINGEMENT, TITLE OR QUIET ENJOYMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF PURCHASE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMPHIS SOFTWARE, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

7.Exclusive Remedy

Your exclusive remedy under Section 6 is to return the Software to Amphis Software with a description of the problem. Amphis Software will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. Amphis Software shall have no responsibility if the Software has been altered in any way, if the media has been damaged, or if the failure arises out of use of the Software with other than a recommended hardware configuration.

8.LIMITATION OF LIABILITY

(a) NEITHER AMPHIS SOFTWARE NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS, INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THIS EULA BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AMPHIS SOFTWARE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

9.Basis of Bargain

The Limited Warranty, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between Amphis Software and you. Amphis Software would not be able to provide the Software on an economic basis without such limitations.

10.Consumer End Users Only

The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, ie a person acquiring goods otherwise than in the course of a business.

11.General Provisions

This EULA shall be governed by the laws of England. 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. All questions concerning this EULA shall be directed to:
Amphis Software, Charlton Road, Holcombe, Bath BA3 5EW, UK.



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Downloads: 303
Updated At: 2024-03-19
Publisher: Amphis Software
Operating System: windows
License Type: Free Trial