IBE WORKFLOW AUTOMATION cc ( IBEWA )
SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE IBEWA SOFTWARE. BY USING THE IBEWA SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY DELETE THE IBEWA SOFTWARE FROM YOUR SYSTEM. IF THE IBEWA SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE". FOR IBEWA SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.
A. TERMS OF AGREEMENT
1. The software, documentation, graphics and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "IBEWA Software") are licensed, not sold, to the LICENSEE by IBEWA for use only under the terms of this license, and IBEWA reserves all rights not expressly granted to you.
2. The rights granted herein are limited to IBEWA's and its licensors' intellectual property rights in the IBEWA Software and do not include any other patents or intellectual property rights.
3. The LICENSEE own the media on which the IBEWA Software is recorded but IBEWA and/or IBEWA's licensor(s) retain ownership of the IBEWA Software itself.
4. The terms of this License will govern any software upgrades provided by IBEWA that replace and/or supplement the original IBEWA Software product, unless such upgrade is accompanied by a separate License in which case the terms of that License will govern.
B. LICENSEE USES AND RESTRICTIONS
1. This License allows you to install and use the IBEWA Software on a single machine/system. This is not free software. You are hereby licensed to use this software for evaluation/trial/demo purposes without charge for a period of 35 ( thirty five) days.
2. If you use this software after the 35 (thirty five) days evaluation period you are required to pay an activation fee to use it further.
3. The activation License entitles you to a single activation per machine . There are no backup Licenses of the software and in case of complete/partial hardware failure, and/or a system upgrade, a new activation will need to be purchased. If only an Operating system upgrade is done, the same license should still work. If not, a new License must be purchased in order to continue use of the software.
4. If you do not register after the 35 (thirty five) days evaluation period your right to use this software terminates automatically.
5. You may not make the IBEWA Software available over a network where it could be used by multiple computers at the same time.
6. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the IBEWA Software or any part thereof.
7. You are hereby licensed to make as many copies of the evaluation/trial/demo version of this software as you wish and distribute such copies to anyone, provided that you distribute only exact copies of the original evaluation/trial/demo version of this software with all documentation and associated files in their unmodified form.
8. There is no charge for any copies made. You are specifically prohibited from charging for any such copies. The IBEWA Software may be used to complete music cue sheets.
9. You may not transfer, rent, lease, lend, redistribute or sublicense the IBEWA Software
10. You may not transfer a License from one machine/system to another.
C. CONSENT TO USE OF DATA
1. You agree that IBEWA and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the IBEWA Software and to verify compliance with the terms of this License.
2. IBEWA may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
D. THIRD-PARTY MATERIAL OR WEB SITES
1. Certain Services may include materials from third parties or links to certain third party web sites.
2. You acknowledge and agree that IBEWA is not responsible for examining or evaluating the content or accuracy of any such third-party material or web sites.
3. IBEWA does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you.
4. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that IBEWA is not in any way responsible for any such use by you.
E. PROPRIETARY INFORMATION AND MATERIAL
1. You agree that the Services, including but not limited to graphics, audio clips, and editorial content, contain proprietary information and material that is owned by IBEWA and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services.
2. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
F. ACCESS TO SERVICES
1. IBEWA and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will IBEWA be liable for the removal of or disabling of access to any such Services.
2. IBEWA may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
G. TERMINATION
1. This License is effective until terminated.
2. Your rights under this License will terminate automatically without notice from IBEWA if you fail to comply with any term(s) of this License.
3. Upon the termination of this License, you shall cease all use of the IBEWA Software and destroy all copies, full or partial, of the IBEWA Software.
H. LIMITED WARRANTY ON MEDIA
1. IBEWA warrants the media on which the IBEWA Software is recorded and delivered by IBEWA to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase.
2. Your exclusive remedy under this Section shall be, at IBEWA's option, a refund of the purchase price of the product containing the IBEWA Software or replacement of the IBEWA Software which is returned to IBEWA or an IBEWA authorized representative with a copy of the receipt.
3. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING.
I. SOLE RISK AND DISCLAIMER OF WARRANTIES
1. YOU UNDERSTAND THAT BY USING THE SOFTWARE,YOU AGREE TO USE THE SOFTWARE AT YOUR SOLE RISK.
2. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE IBEWA SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
3. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE IBEWA SOFTWARE AND SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND IBEWA AND IBEWA's LICENSORS (COLLECTIVELY REFERRED TO AS "IBEWA" FOR THE PURPOSES OF SECTIONS J. AND K.) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE IBEWA SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
4. IBEWA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE IBEWA SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE IBEWA SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE IBEWA SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE IBEWA SOFTWARE OR SERVICES WILL BE CORRECTED.
5. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IBEWA OR AN IBEWA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE IBEWA SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
J. LIABILITY
1. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL IBEWA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE IBEWA SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF IBEWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
3. In no event shall IBEWA's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of five hundred rand (R500.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
K. EXPORT CONTROL
1. You may not use or otherwise export or re-export the IBEWA Software except as authorized by South African law and the laws of the jurisdiction in which the IBEWA Software was obtained. In particular, but without limitation, the IBEWA Software may not be exported or re-exported to any country outside South Africa.
2. By using the IBEWA Software, you represent and warrant that you are not located in any such country. You also agree that you will not use these products for any purposes prohibited by South African law.
L. CONTROLLING LAW AND SEVERABILITY
1. This License will be governed by and construed in accordance with the laws of South Africa, as applied to agreements entered into and to be performed entirely within South Africa between South African residents.
2. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
M. SOLE AND ENTIRE AGREEMENT
1. This License constitutes the entire agreement between the parties with respect to the use of the IBEWA Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to use IBEWA's online store which will govern your use of such store and any Services you purchase through that store.
2. No amendment to or modification of this License will be binding unless in writing and signed by IBEWA. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
N. REFUNDS
1. Due to the intangible nature of software products, and the fact that it is an irrevocable product, IBEWA software is made available in trial/demo form during which time a potential customer may use and test the software. This trial is free of charge for the designated period. Once purchased, a cooling off period applies to allow for refund claims. A cooling off period of 48 hours from the date of purchase will apply. Once this cooling of period expires the activation will be issued.
2. Customers may apply for immediate activation. This can be done by sending a request to accounts@ibewa.com . If the application is successful , the purchaser agrees to forfeit the refund in lieu of an immediate activation.
3. Refunds issued will be to the value of the purchase price.
