Belkasoft BookaMark 2.04

EULA - End User License Agreement

END USER LICENSE AGREEMENT FOR Belkasoft BookaMark 2.04 (EULA)
IMPORTANT - PLEASE READ CAREFULLY

This end user license agreement is a legally binding contract
between yourself (as a natural or a legal person) and the company Belkasoft
for the software product named above. By installing the software product,
you declare your agreement with all conditions of the license agreement.
If you do not agree with the conditions of the license agreement,
you are not entitled to install or use the software product.
The software product is protected by copyright laws and international
copyright contracts as well as other laws and agreements concerning
intellectual property.

1. Subject of the contract
The subject of this contract is the computer program, the description thereof
and the user manual as well as any other accompanying written material. This
will henceforth also be referred to as "software".
Belkasoft wishes to point out that, at the current state of technology, it is
not possible to create software that works perfectly in all applications and
combinations. The subject of this contract is therefore a software program
that is fit for the purposes detailed in the description and the user manual.

You are entitled to test the demo version of software free of charge and
without obligation.
If you wish to use fully featured version of the software, you must purchase
the relevant license.

2. License granting
For the duration of this contract, Belkasoft grants you the simple,
non-exclusive and personal right (henceforth referred to as "license") to use
a copy of the software on a single computer. If this single computer has
multiple users, this user right applies to only one user of the system.
As a license-holder, you may physically transfer the software
(i.e. saved on a data carrying medium), on condition that it will not be used
on more than one computer at a time. Further use, especially repeated
installation, use, and subsequent uninstallation on various
computers (floating license) is prohibited.
You can use the software on multiple computers only in case you have
purchased the corresponding multiple license.

3. Description of further rights and limits
The license-holder is prohibited from;
(a) altering, translating, reverse-developing, decompiling or
disassembling the software without the advance written permission of Belkasoft
(b) creating products derived from the software or making copies of the
written material, translating or altering the written material or
creating products derived from the written material
(c) distributing copies of the software to third parties
(d) changing or removing the copyright mark on the copies of the software
(e) renting out, - or lending the software
The license holder is permitted to transfer all rights from this
license agreement permanently to another person, provided that the recipient
also agrees to all conditions of this license.
The license holder must use the software only in compliance with
all relevant laws.

4. Ownership of rights
Any ownership rights applying to the software, including but not
limited to copyright laws, belong to Belkasoft. Any not explicitly claimed
rights are reserved by Belkasoft.
The purchase of a license for a product simply grants a right to
use the software as described in the conditions of the license agreement.
This does not imply a right to the software itself. In particular, Belkasoft
reserves all publication, multiplication, processing and utilization rights
to the software.

5. Reproduction
The software and accompanying written material are protected by
copyright laws. The user has the right to create copies of the software for
back-up and archiving purposes. He or she is thereby also obliged to
reproduce Belkasoft''s copyright mark on the physical medium or in the
program. A copyright mark present in the software may not be removed.
Copying or reproducing the software in original or altered form,
or merged with or included in other software, is explicitly forbidden.
Provided you pass on only the test version, you may reproduce the
installation data as often as you wish. However, you may only pass on exact
copies and may not alter these in any way.
For such reproduction, you may not demand any kind of compensation. You may
not distribute or market this product in combination with other
products-whether commercially or non-commercially-without the advance
written permission of Belkasoft.

6. Length of the agreement
This agreement is valid indefinitely. The right of a license-holder to use
this software is removed automatically and without notice if he or she
violates one of the terms of this agreement. At the end of the period of
right to use, the license-holder is obliged to destroy the software, all
copies of the software, and the written material.

7. Compensation for breach of contract
Belkasoft would like to point out that you are responsible for
any damages arising from breach of copyright if you violate these contract
terms.

8. Changes and Updates
Belkasoft is entitled to update the software as it wishes.
Belkasoft is not obliged to make updated versions available to license
holders who have not registered their product with Belkasoft, or who have
not paid the update fee. Any additional software code that is made
available to you as an update is considered a part of the
software and is therefore subject to the terms of this agreement.

9. Belkasoft''s Guarantees and Responsibility
(a) Belkasoft guarantees the original license-holder that the
data medium carrying the software is free of errors at the point of delivery,
assuming normal operating conditions and a normal level of maintenance.
(b) If the delivered data carrier is faulty, the purchaser can
demand a replacement during the 24-month guarantee period. For this, he or
she must return the data carrier, any back-up copies and the written material
along with a copy of the invoice or receipt to Belkasoft or to the dealer
where the product was purchased.
(c) If a fault as described in clause 9 b is not corrected by
means of a replacement delivery within a reasonable time period, the purchaser
can demand either that the sale price be reduced or that the contract be
canceled.
(d) For these reasons and for those mentioned in clause 1 of
this contract, Belkasoft accepts no responsibility for mistakes in the
software. In particular, Belkasoft does not guarantee that the software will
meet the particular requirements and demands of the
purchaser or that it will function together with other software
he or she has chosen. The purchaser is responsible for the correct choice of
software and the consequences of the use of that software, as well as the
results aimed at or intended. The same principle applies to the written
material that accompanies the software. If the software is fundamentally
unfit for use as described in clause 1, the customer has the right to cancel
the contract. Belkasoft has the same right should the creation of
software that is fundamentally fit for use as described in clause 1 not be
practically possible.

10. Exclusion of incidental, consequential and certain other damages.
To the maximum extent permitted by applicable law, in no event
shall Belkasoft or its suppliers be liable for any direct, special,
incidental, indirect, punitive, consequential or other damages whatsoever
(including, but not limited to, damages for: loss of profits, loss
of confidential or other information, business interruption,
personal injury, loss of privacy, failure to meet any duty (including of
good faith or of reasonable care), negligence, and any
other pecuniary or other loss whatsoever) arising out of or in
any way related to the use of or inability to use the software or support
services, the provision of or failure to provide support services, or
otherwise under or in connection with any provision of this agreement,
even in the event of the fault, tort (including negligence),
strict liability, breach of contract or breach of warranty of Belkasoft or
any supplier, and even if Belkasoft or any supplier has
been advised of the possibility of such damages.