THIS END USER LICENSE AGREEMENT IS FOR THE BIZMEET SOFTWARE APPLICATION. BY DOWNLOADING AND INSTALLING BIZMEET ON YOUR DEVICE YOU AUTOMATICALLY ACCEPT THE TERMS OF THIS LICENSE AGREEMENT. THEREFORE, WE PLEASE ASK YOU TO READ THIS DOCUMENT CAREFULLY BEFORE USING THIS SOFTWARE. This License Agreement (“License” or “Agreement”) is a legal agreement between You (either an individual or an entity, who will be referred to in this License as “You” or “Your”) and innovateIT AG for the use of our free mobile application (“BizMeet”). THIS LICENSE PROVIDES IMPORTANT INFORMATION CONCERNING THE SOFTWARE, PROVIDES YOU WITH A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY AND LIABILITY INFORMATION. BY ACCESSING OR OTHERWISE USING THE PRODUCT, YOU ARE ACCEPTING THE SOFTWARE “AS IS” AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT YOU SHOULD NOT INSTALL, COPY, DOWNLOAD, ACCESS OR OTHERWISE USE THIS PRODUCT. The Product is protected by copyright laws as well as other intellectual property laws. The Product is licensed and not sold.
1. TERMS OF LICENSE
This license grants You a nonexclusive, nontransferable license to install and use the Product subject to all the terms and conditions set forth here within. The User is free to use the Product on as many devices as the User wish.
2. RESTRICTIONS ON USE
Unless innovateIT AG has authorized You to distribute the Software, You shall not make or distribute copies of the Software. You shall not decompile, reverse engineer, disassemble, include in other software, or translate the Software, or use the Software for any commercial purposes. You shall not modify, alter, change or otherwise make any modification to the Software or create derivative works based upon the Software. You shall not rent, lease, resell, sub-license, assign, distribute or otherwise transfer the Software or this license.
3. PROPRIETARY RIGHTS
3.1 OWNERSHIP: This license provides You with limited rights to use the Software. innovateIT AG retains all ownership, rights, title and interest in and of the Software and all copies of it. All rights not specifically granted in this license, including domestic and international copyrights, are owned by innovateIT AG.
3.2 INTELLECTUAL PROPERTY: The BizMeet logo, product name, documentation, and any other supporting materials are either patented, copyrighted, trademarked, constitute valuable trade secrets (whether or not any portion of them may be copyrighted or patented) or are otherwise proprietary to innovateIT AG.
4. WARRANTY AND SUPPORT DISCLAIMER
innovateIT AG, its authorized resellers and their subsidiaries provides the Product 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 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 and non-infringement.
5.1. LIMIT OF LIABILITY AND EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INNOVATEIT AG, ITS AUTHORIZED RESELLERS OR THEIR SUBSIDIARIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE 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 LICENSE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF INNOVATEIT AG, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2. 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 innovateIT AG, its resellers and their subsidiaries under any provision of this License and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Product. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
This Agreement will be governed by and construed in accordance with the laws of Switzerland. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Switzerland and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You may not assign this Agreement or any right or interest hereunder, by operation of law or otherwise, without innovateIT AG express prior written consent. Any attempt to assign this Agreement, without such consent, will be null and of no effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s successors and permitted assigns. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect. Neither party will be responsible for any failure or delay in its performance under this Agreement (except for any payment obligations) due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain labor, energy or supplies, war, terrorism, riot, or acts of God. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. This Agreement constitutes the entire and exclusive agreement between the parties concerning its subject matter and supersedes all prior written and oral understandings and agreements between the parties regarding its subject matter.