License Terms
These license terms are an agreement between BitsOfCode Software Systems, Inc. (or based on where you live, one of its affiliates) and you individually, or if you are authorized to acquire the Software on behalf of your company or another organization, between the entity for whose benefit you act (“You”). These license terms apply to all BitsOfCode Software (Software includes applications, products, technologies, patents, trademarks, and any intellectual property), unless other terms accompany the Software.

By directly or indirectly engaging BitsOfCode for any reason (whether with or without an explicit signed contract), you are agreeing to be bound by the terms of this agreement. If you have questions, please contact licensing@bitsofcode.com for more information.

By accepting these license terms, you have the rights below.

1.    USE RIGHTS.  Subject to the terms and conditions herein, this Agreement grants You a revocable, non-exclusive, non-transferable license to install and use the Software, and only to be used in the specific domain and reason it is allowed for, unless otherwise specified in an addendum.

A license to use BitsOfCode Technologies may be granted one-time (a perpetual license) or recurring on an annual basis (subscription based), unless otherwise specified. No license should be redistributed without the explicit signed agreement from BitsOfCode agreeing for such redistribution. The applicable pricing on license may be as specified in an addendum or an invoice, if any.

2.    Scope of License.  The software is licensed, not sold. This agreement only gives you rights to use the software.  BitsOfCode reserves all other rights.  Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement.  In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways.  You also may not

  • work around any technical limitations in the software;
  • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
  • publish the software for others to copy;
  • rent, lease or lend the software; or
  • transfer the software or this agreement to any third party.
  • use the software to compete with BitsOfCode or its products without explicit permission from BitsOfCode.

3.    Intellectual propetry.  You do not acquire hereby any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or rights in any confidential information or trade-secrets, in or relating to the Software or any part thereof.  You also do not acquire any rights in or related to the Software or any component thereof, other than the rights expressly licensed to You under this Agreement or in another mutually agreed upon, written agreement that You may have with BitsOfCode.  Any rights not expressly granted herein are reserved.  The Software is only licensed to You as expressly set out herein, and it, all Documentation and any site(s) which allow You to access any Services are protected by U.S. and international copyright and patent laws and international treaty provisions.  There are severe penalties both civil and criminal for intellectual property infringement.  (You agree that nothing in this Agreement shall adversely affect any rights and recourse to remedies, including without limitation, injunctive relief, that BitsOfCode may have under any applicable laws relating to the protection of BitsOfCode’s intellectual property or other rights.)

4.     No patenting of BOC developed software technologies should be made by You. Any patents that You may file using BitsOfCode technologies under permission should be fully assigned to BitsOfCode within 30 days, or else any rights to use such technologies are immediately and automatically revoked. Any legal action against BitsOfCode or its officers or associates or employees or affiliates or contacts or clients (other than You) will also be grounds for revocation of any and all licences from BitsOfCode. You will be held responsible for any and all legal costs to defend and protect BitsOfCode and its officers, clients and employees. You may also be held responsible for other damages. Any cancellation of licenses will be effective retroactively, from the time any infringement of BitsOfCode's intellectual property was made by You - but You will still be liable for any and all damages.

5.    Entire Agreement.  This agreement, and the terms for supplements, updates, and support services that you use, are the entire agreement for the software and support services.

6.    Applicable Law.

  •     United States.  If you acquired the software in the United States, Texas state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles.  The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
  •     Outside the United States.  If you acquired the software in any other country, the laws of that country apply.

7. Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

8. Disclaimer of Warranty. The software is licensed "as-is." You bear the risk of using it. BitsOfCode gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, BitsOfCode excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

9. Limitation on and Exclusion of Remedies and Damages. You can recover from BitsOfCode and its suppliers only direct damages up to U.S. $50.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to: anything related to the software, services, or third party programs; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if BitsOfCode knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

10. (a) Misrepresentation of any manner by you or your representative, (b) misleading action of any sort by you or your representative, (c) non-payment of dues, charges and/or fees claimed by BOC as per service agreements, purchase agreements, or other written or verbal agreements (by you or your representative, with BOC employees or BOC as a company), will result in automatic revocation of all licenses and rights to the use of the software (including any and all prior rights or license provided by BOC). No refund will be provided in any case, and BOC will automatically be able to use any such intellectual property, software, source, etc. for any purpose it may deem fit to recover such charges and claims in full, and have complete dominion without any recourse on such matters and products and services. You will lose any and all legal rights irrespective of any past payments or behavior.

BitsOfCode reserves the right to change any aspect of this license at any time without notice and at its discretion.

 
 
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