End User license Agreement – BAU DB
This End User License Agreement (“EULA”) is a legal contract between you, as either an individual or as a business entity and Yugo Co. with regard to the copyrighted Software (herein referred to as “Product” or “Software Product”) provided with this EULA.
1. BY TAKING ANY STEP TO INSTALL OR USE THE SOFTWARE PRODUCT,
You (1) represent that you has authority to enter into this Agreement with Yugo on behalf of the Licensee and, if applicable, you are duly authorized by your employer to enter into this contract and (2) You agree to be bound by the terms of this EULA. If you do not agree to the terms of this agreement, do no install and/or use this software. Yugo permits you to use the Software Product only in accordance with the terms of this License and your rights under this License will terminate automatically without notice if you fail to comply with the terms of this License.
The following terms have the following meanings:
“Yugo” means Yugo Co., a Hong Kong based company.
“License” means the right to use the Product as set out at paragraph 2 below.
“Product” (or “Software Product”) means the software product known as BAU DB, including any new version update provided to you by Yugo pursuant to this agreement;
“You” means the company, entity or individual whose funds are used to pay the license fee.
2. LICENSE GRANT
Subject to the terms of this Agreement, including limitations defined by the
License, Yugo grants to you a personal, non-transferable and non-exclusive right to use the copy of the Software provided with this EULA. You agree you will not copy the Software except as necessary to use it on a single computer. You may not modify the Software Product or disable any licensing or control features of the Software Product. You agree that you may not copy the written materials accompanying the Software Product. Modifying, translating, renting, copying, transferring or assigning all or part of the Product, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software is strictly prohibited.
– You may NOT resell, charge for, sub-license, rent, lease, loan or distribute the Product without our prior written consent. We reserve the right to withdraw any such consent (or part thereof) for any reason and without notice and to demand that you immediately cease any activity in respect of which permission is withdrawn.
– You may NOT repackage, translate, adapt, vary, modify, alter, create derivative works based upon, or integrate any other computer programs with, the Software Product in whole or in part.
– You may NOT use the Product to engage in or allow others to engage in any illegal activity.
– You may NOT transfer or assign your rights or obligations under this License to any person or authorize all or any part of the Product to be copied on to another user’s computer.
– You may NOT decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Product.
– You are NOT permitted to grant any sub-licenses of the Product.
The Product is licensed, not sold. You acknowledge that no title to the intellectual property in the Product is transferred to you. You further acknowledge that title and full ownership rights to the Product will remain the exclusive property of Yugo, and you will not acquire any rights to the Product, except as expressly set forth above. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and “applets,” incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Yugo. The PRODUCT is protected by copyright laws and international treaty provisions.
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity unless such transfer is pursuant to Section 3.
5. REFUND POLICY
We have a no refund policy on the Product. We do this because we offer free, fully functional trial versions for all of our software this way you can download and try before you buy. These trial versions allow you to test the software risk-free before you decide to make a purchase. One of the perks when you purchase anything from CoffeeCup is that we provide an immediate electronic download of the software program through the Customer Care Center. Because there is no way to guarantee that our software was actually removed from a system after it is installed, this allows us to help fight fraudulent activity.
Except as otherwise set out in this agreement, the prices are exclusive of any applicable taxes. Each party
will be responsible for any taxes and duties the Parties are liable for. You shall pay for all VAT or similar indirect
taxes (including, but not limited to sales, use, excise, goods, services and consumption tax) in connection with the
rendering of services, products and licenses under this agreement. Should any payment for services, products or
licenses provided by Yugo be subject to withholding tax by any government, you shall reimburse
Yugo for such withholding tax unless Yugo is entitled to claim back such withholding tax by filing a claim for refund in the source country where the taxes were withheld, or by receiving a tax credit or
deduction in the country of the recipient. You shall provide a receipt in respect of any tax withheld.
Each Party shall provide and make available to the other party any exemption, treaty certification and other
exemption information reasonably requested by the other party in order to minimize any transaction or withholding
taxes to the extent legally permissible.
7. NO WARRANTY
The Product is provided on an “as is” and “as available” basis without warranty, express or implied, of any kind or nature, including, but not limited to, any warranties of performance or merchantability or fitness for a particular purpose, including without limitation that Yugo does not warranty that the Product will be error-free, complete, or correct.
8. THIRD PARTY SOFTWARE
The Software Product may contain third party software which requires notices and/or additional terms and conditions. By accepting this EULA, you are also accepting the additional terms and conditions of the third party software.
9. NO LIABILITY OF CONSEQUENT DAMAGES
In no event shall Yugo or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the delivery, performance or use of the software, even if Yugo has been advised of the possibility of such damages. In no event will Yugo’s liability for any claim, whether in contract, tort or any other theory of liability, exceed the license fee paid by you, if any.
10. COMPLIANCE WITH LAWS
This License will be governed by the laws in force in Hong Kong. You hereby consent to the non-exclusive jurisdiction and venue sitting in Hong Kong to resolve any disputes arising under this EULA.