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BV Commerce End User License Agreement

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Develisys Corporation for the BV Commerce product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Product").

An amendment or addendum to this EULA may accompany the Product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY OR USE THE PRODUCT. In addition, by installing, copying, or otherwise using updates that you receive as part of the Product ("UPDATES"), you agree to be bound by the additional license terms that accompany such UPDATES. If you do not agree to the additional license terms that accompany such UPDATES, you may not install, copy, or use such UPDATES.

1. GRANT OF LICENSE. Provided that you comply with all terms and conditions of this EULA, Develisys Corporation grants you: (a) the right to make and use copies of this software and (b) a limited, nonexclusive, nonassignable license.

2. LICENSE RIGHTS AND LIMITATIONS

a. You may not sell, rent, lease, or lend the Product. You may not include the Product as part or whole of a commercial hosting service without prior written consent.

b. You may use the Product for a single web store on a single web server

c. You may use the Product on up to two development computers provided they are not publicly accessible on the internet

d. You may use the Product on up to two test computers provided they are not publicly accessible on the internet

e. You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.

f. You may not modify, remove, or disable any copy protection or licensing features of the Product

g. Consent To Use Of Data. You agree that Develisys Corporation and its affiliates may collect and use technical information you provide as a part of support services related to the Product.

h. Publicity. You agree that Develisys Corporation may use your name and logo in presentations, marketing materials, customer lists, financial reports and web site listings of customers. If you wish to use Develisys Corporation's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, including the BV Commerce name, logos and related intellectual property, you may do so only with Develisys Corporation's prior written consent.

i. Export Restrictions. You acknowledge that the Product is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.

j. Separation of COMPONENTS. The Product is licensed as a single product. Its COMPONENT parts may not be separated for use by more than one user or for use on more than one computer.

k. Termination. Without prejudice to any other rights, Develisys Corporation may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its component parts.

l. Update License Terms. All UPDATES shall be considered part of the Product and subject to the terms and conditions of this EULA. Additional license terms may accompany UPDATES (as defined in the first paragraph of this EULA). By installing, copying, or otherwise using any UPDATE, you agree to be bound by the terms accompanying each such UPDATE. If you do not agree to the additional license terms accompanying such UPDATES, do not install, copy, or otherwise use such UPDATES.

m. Consent to Data Collection for License Verification. You agree that Develisys Corporation may collect usage data from each computer using the Product for license verification.

4. DISCLAIMER OF WARRANTIES. The Limited Warranty referenced below is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Develisys Corporation and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied, or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.

5. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEVELISYS CORPORATION OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF DEVELISYS CORPORATION OR ANY SUPPLIER, AND EVEN IF DEVELISYS CORPORATION OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEVELISYS CORPORATION DOES NOT WARRANT THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT IT WILL BE ACCESSIBLE ON A PERMANENT BASIS OR WITHOUT INTERRUPTION.

6. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Develisys Corporation and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Develisys Corporation with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or U.S.$5.00. The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

7. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Product) are the entire agreement between you and Develisys Corporation relating to the Product and the Support Services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any Develisys Corporation policies or programs for Support Services conflict with the terms of this EULA, the terms of this EULA shall control.

8. The Product is protected by copyright and other intellectual property laws and treaties. Develisys Corporation or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.

9. MISCELLANEOUS PROVISIONS.

If you acquired this Product in the United States, this EULA is governed by the laws of the State of Pennsylvania.

If this product was acquired outside of the United States, local law may apply.

Should you have any questions concerning this EULA, or if you desire to contact Develisys Corporation for any reason, please write: Develisys Corporation, 5 South Water Street, Hummelstown, PA 17036.

NOTICE file corresponding to section 4 (d) of the Apache License, Version 2.0, in this case for the Apache lot4net distribution

This product includes software developed by the Apache Software Foundation (http://www.apache.org/).

Please read the LICENSE file present in the root directory of this distribution.

The names "log4net" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org

©2017 Develisys. All rights reserved. Privacy
  • Toll-free  888-665-8637
  • International  +1 717-220-0012