All4Bay 1.4.6


EULA - End User License Agreement



END-USER LICENSE AGREEMENT for all4Bay

IMPORTANT - PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL:

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and emkata IT Solutions and Services (Owner: Tansel Kilic, Pastor-Bode-Weg 5, 21423 Winsen (Luhe), Germany), hereafter "emkata", for the emkata software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and emkata, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
emkata grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer. You can use the software without charge if you do not exceed the allowed number of 30 invoices in a month. If you want to create more than 30 invoices in a month you must purchase a license of the software. Once you have purchased a license of the software the regular fee will be charged even if number of created invoices are less than 30 Invoices . If you use the SOFTWARE without charge we may place announcement or banners of other products into SOFTWARE. emkata will not monitor the content of your use (e.g., sites selected or files used). emkata is not responsible for content on announcement or banners of other products.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
(C) Online license check
Herewith you are agree to the online check of All4Bay with which All4Bay checks the validity of your licence for All4Bay by an establishment of contact with the server on the Internet. In addition, you are agree that the online activation may be used to put through the observance of this licence agreement which admits the application of a licence for All4Bay exclusively on a computer.
(D) Necessary conditions for the license verification
You agree that we use your e-mail address and the MAC address of the first network card for identification of the computer, which All4Bay should be running on. You are also obliged to contact us in time, if your e-mail address or the network card in your computer are to be changed so that a new license key can be generated (Just in case you have already purchased a software license). Your already generated license key can not be found, if your e-mail address or the MAC address of the first network card have been changed. We are not responsible for the consequences of such changes which are not notified in time.
(E) Restriction with All4Bay-0-Charge
You are agree that All4Bay-0-Charge can be defeated by certain restrictions and that these restrictions can be extended without announcement or some obligations by emkata. The restrictions are described on the All4Bay web page http://www.all4bay.com and strength of this reference part of this licence agreement. It lies in your responsibility to check these restrictions and to keep. You are agree that with the use of All4Bay-0-Charge to be bound juridically to these restrictions.
(F) Data exchange with eBay through the eBay APIs.
All4Bay uses the eBay API. The eBay API is an interface to the eBay Platform. The data is exchanged with eBay through this interface without having to access to the eBay Web site. Using of eBay APIs are currently free. You agree to incur any expenses if eBay should require a user fee for the use of eBay APIs in the future.
(G) Sample templates
All4Bay will be delivered with some sample templates. Some sample templates can also be downloaded from the All4Bay internet site. These sample templates are distributed in the hope that they will be useful, but without any warranty; without even the implied warranty of merchantability or fitness for a particular purpose.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution.
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from emkata's websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
emkata may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.

3. TERMINATION
Without prejudice to any other rights, emkata may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.

4. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by emkata or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by emkata.

5. NO WARRANTIES
emkata expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. emkata does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. emkata makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. emkata further expressly disclaims any warranty or representation to Authorized Users or to any third party.

6. LIMITATION OF LIABILITY
In no event shall emkata be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if emkata has been advised of the possibility of such damages. In no event will emkata be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. In no event shall the liability of emkata exceed the total amount, if any, paid by you to emkata for using this SOFTWARE PRODUCT. emkata shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

7. DATA COLLECTION
emkata collects some data about your usage of the product. You agree that emkata may collect this data and use it for product improvements, research, demonstrations, or other purposes. emkata will not sell or release this data, nor does it collect any personally identifiable information.

8. SEVERANCE CLAUSE
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.

9. Third party products
emkata provides a variety of third party products which are implemented in the SOFTWARE PRODUCT. These have separate license agreements. You can find those in the installation directory of the Software in sub directory legal.

10. Governing Law
This Agreement is governed by German law and the parties agree that all disputes arising under or in connection with it and any and all disputes arising from or in connection with its negotiation, its validity or its enforceability or otherwise howsoever shall be exclusively governed by and determined in accordance with German law. The courts in Winsen (Luhe), Germany, shall have exclusive jurisdiction in all cases with respect to all matters concerning this EULA.

11. Changes of This EULA
We reserve the right to change this EULA from time to time without naming of reasons and without prior notice.

12. Languages
Versions of All4Bay and these General Terms and Conditions in languages other than German must only be regarded as translations. If there are problems of interpretation and language-related discrepancies between the foreign and the German version, the German version of All4Bay and this EULA shall be authoritative.



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Users Rating:  
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Downloads: 292
Updated At: 2024-03-19
Publisher: emkata IT Solutions and Services
Operating System: linux, mac, other, unix, windows
License Type: Free