BINETIX LLC
SOFTWARE GENERAL LICENSE AGREEMENT
SGLA – 2021
This is a legal agreement (“Agreement”) between You and BINETIX LLC (defined below), with respect to the software developed and provided by BINETIX LLC with this Agreement and its associated “online” or electronic documentation, if any (collectively named, the “Software”).
UNLESS ADDITIONALLY STIPULATED TERMS AND CONDITIONS BY ANOTHER INDIVIDUAL OR ENTERPRISE AGREEMENT BETWEEN YOU AND BINETIX LLC, BY INSTALLING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
1. GRANT OF LICENSE
(1) BINETIX LLC grants You a non-exclusive and non-transferable license to use the Software (“use” shall include displaying, accessing or executing the Software) on Your computer(s) for Your personal non-commercial use.
(2) Except as expressly provided herein, no license or right, expressed or implied, is hereby conveyed or granted by BINETIX LLC to You for any intellectual property of BINETIX LLC and its licensors, such as any patents, trademarks, copyrights, the source-code of the Software and other proprietary or intellectual property rights.
(3) The Software may include open source software. Notwithstanding anything contained herein to the contrary, terms and conditions of each open source software written into the Software shall apply to such open source software respectively.
2. RESTRICTIONS
(1) You shall not use the Software except as expressly granted or permitted herein, and shall not assign, sub-license, sell, rent, lease, loan, convey or transfer to any third party the Software.
(2) You shall not sell, assign, copy, reproduce, alter, translate or convert to another programming language, modify, disassemble, decompile or otherwise reverse engineer the Software and You shall not have any third party to do so or to use the Software, except as expressly permitted by this Agreement and except to the extent and in the circumstances expressly permitted by law.
3. OWNERSHIP
BINETIX LLC retain in all respects the title, ownership, intellectual property rights and interest in and to the Software.
4. COPYRIGHT NOTICE
You shall not modify, remove or delete any copyright notice of BINETIX LLC or its licensors contained in the Software, including any copy thereof.
5. SUPPORT
UNLESS STIPULATED BY ANOTHER INDIVIDUAL OR ENTERPRISE AGREEMENT, BINETIX LLC AND THEIR RESPECTIVE DISTRIBUTORS, DEALERS, AND LICENSORS ARE NOT RESPONSIBLE FOR MAINTAINING OR HELPING YOU TO USE THE SOFTWARE. NO UPGRADES, BUG-FIXES OR SUPPORTS TO THE SOFTWARE WILL BE EXPLICITLY MADE AVAILABLE FOR THE SOFTWARE.
6. EXPORT RESTRICTION
You state and warrant that You comply with all export laws and restrictions and regulations of the country(ies) involved, as well as with the Bulgarian legislation and EU Regulations, and that You will not export or re-export, directly or indirectly, the Software in violation of any such laws, restrictions and regulations, or without all the necessary approvals.
7. LIMITED WARRANTY
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY RIGHT, TITLE AND INTEREST, INCLUDING WITHOUT LIMITATION, INTELLECTUAL PROPERTY. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT BINETIX LLC AND THEIR RESPECTIVE DISTRIBUTORS, DEALERS AND LICENSORS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTIONS. SOME LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BINETIX LLC OR THEIR DISTRIBUTORS, DEALERS, OR LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
8. NO LIABILITY FOR DAMAGES
IN NO EVENT SHALL EITHER BINETIX LLC OR THEIR DISTRIBUTORS, DEALERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS INTERRUPTION OR OTHER COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SOFTWARE USE THEREOF OR INABILITY TO USE THE SOFTWARE EVEN IF EITHER BINETIX LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART OF SELLER, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. RELEASE OF LIABILITY
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE BINETIX LLC AND THEIR RESPECTIVE DISTRIBUTORS, DEALERS AND LICENSORS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR THEIR USE.
NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER.
10. FEEDBACK
You understand and agree that BINETIX LLC may use any feedback or information You provide and You hereby grant BINETIX LLC a perpetual and irrevocable rights to use all such feedback and information for any purpose without compensation to You. You state and warrant that You have full authority to grant the foregoing feedback.
11. ACCEPTANCE AND TERMINATION
This Agreement is effective upon Your acceptance hereof by installing the Software and remains in effect until its expiration or termination. You may terminate this Agreement by uninstalling and destroying the Software, including any and all of its copies. This Agreement may also be terminated if You fail to comply with any of its terms and conditions. Upon expiration or termination for any reason whatsoever, You shall immediately destroy all copies of the Software including any Software stored on the hard disk or other storage of any computer in Your possession. In addition, BINETIX LLC is entitled to exercise any contractual or legal rights or remedies it may have.
12. DEFINITION OF BINETIX LLC AND LAW APPLICABILITY
In this Agreement, "BINETIX LLC" shall mean the BINETIX LLC enterprise entity (Contact address: www.binetix.eu), and if there is a dispute between You and BINETIX LLC related to this Agreement or otherwise to the Software, the law and disputes shall be governed by the laws of Bulgaria and submitted to the exclusive jurisdiction of Sofia City Court.
Availability of the Software in any country or region is subject to such Software not being unlawful or restricted under the laws and regulations of such country or region. Your ability to use the Software does not constitute any offer by BINETIX LLC to a party in a jurisdiction where the availability or use of the Software is unlawful or restricted. The availability and use of the Software may be restricted by law or regulations in certain jurisdictions and You shall check applicable restrictions and comply with the applicable laws and regulations in Your use of the Software.
Nothing contained herein shall, or is intended to, replace or restrict any mandatory statutory consumer laws that may be applicable to You in the country or region where You reside.
13. GENERAL
In the event that any section hereof is declared or found to be invalid by any court or tribunal of competent jurisdiction, such section shall be null and void with respect to the jurisdiction of that court or tribunal and all the remaining provisions hereof shall remain in full force and effect.
The failure or delay of BINETIX LLC in exercising any right, power or remedy under this Agreement shall not in any circumstance operate as a waiver of such right, power or remedy.
No officially published variation of this Agreement shall be effective unless in writing and signed by an authorized representative of BINETIX LLC.
14. FINAL REGULATIONS
BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. UNLESS STIPULATED TERMS AND CONDITIONS BY ANOTHER INDIVIDUAL OR ENTERPRISE AGREEMENT, YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN YOU AND BINETIX LLC CONCERNING THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND BINETIX LLC RELATING TO THE SUBJECT MATTER HEREOF. NO AMENDMENT TO THIS AGREEMENT SHALL BE EFFECTIVE UNLESS SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF BINETIX LLC.
