Software by Bitmanagement Software GmbH
END USER LICENSE AGREEMENT
Please read carefully the end user license agreement for the viewing software BS Contact, or BS Contact MPEG4 or BS Contact Geo or BS Contact Stereo or BS Contact Mobile or BS Contact J as well as the authoring software BS Exporter for 3ds max or BS Exporter for Blender or BS Editor or BS Reducer BS Encrypt or BS Tiler as well as server software BS Collaborate or BS CAVE hereinafter all together or as single software “BS Software”
By installing the BS Software you either on behalf of yourself as an individual or you on behalf of an entity as its authorized representative agree in respect of any use of the BS Software to the entire terms of this end user license agreement as set out below.
a) License grant
You are entitled to install non-exclusively the software – in its test version or its licensed version – on your suited computer device in order to view and/or interact with suited content. All rights not expressly granted are reserved by Bitmanagement Software GmbH.
You acknowledge that only Bitmanagement Software GmbH or its designated sales partners or its respective customers are entitled to disseminate the BS Software.
You acknowledge that no title to the intellectual property in the BS Software is transferred to you. Title, ownership and intellectual property rights in respect of the Software shall remain with Bitmanagement Software GmbH. The BS Software is protected by copy right of Germany and international agreements. You are not entitled to decompile, alter reverse assemble or otherwise reverse engineer BS Software.
d) DISCLAIMER / RESTRICTIONS
THIS BS SOFTWARE IS PROVIDED BY BITMANAGEMENT SOFTWARE GMBH "AS IS" WITHOUT WARRANTY OF ANY KIND AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT ARE DISCLAIMED. NO WARRANTY FOR ANY PROBLEM ARISING OUT OF A DOWNLOAD AND/OR USE OF THIS BS SOFTWARE CAN BE UNDERTAKEN SUBJECT TO REGULATORY AND ANY OTHER OBLIGATIONS AND LIABILITIES WHICH ARE NOT PERMITTED TO BE EXCLUDED. UNDER NO CIRCUMSTANCES SHALL BITMANAGEMENT SOFTWARE GMBH OR AFFILIATED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAIL INDIRECT OR CONSEQUENTIAL DAMAGE EVEN IF BITMANAGEMENT SOFTWARE GMBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT BITMANAGEMENT SOFTWARE GMBH WILL BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE COST OF THE SOFTWARE. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY APPLICABLE LAW. PLEASE NOTE THAT AFTER DEINSTALLATION OF BS SOFTWARE FILES MAY REMAIN ON YOUR SYSTEM.
THE DOWNLOAD AND/OR USE OF THE TEST VERSION OF THE BS SOFTWARE WITHOUT APPROPRIATE LICENSING IS RESTRICTED TO TESTING OF THE TECHNOLOGY OF BITMANAGEMENT SOFTWARE GMBH.
ANY ADDITIONAL FEE BY THIRD PARTIES THAT MIGHT OCCUR FOR DOWNLOAD AND/OR USAGE OF THEBS SOFTWARE HAS TO BE BORN BY THE PARTY DOWNLOADING and/OR USING THE BS SOFTWARE.
THE PERSON DOWNLOADING AND/OR TESTING AND/OR USING THIS BS SOFTWARE CONFIRMS THAT HE/SHE IS NO CITICEN OF OR TESTING/USING THE BS SOFTARE IN ONE OF THE FOLLOWING COUNTRIES: ARMENIA, BOSNIA HERZEGOVINA, CONGO, IRAQ, IRAN, LIBERIA, MYANMAR, NORTH KOREA, RWANDA, SIERRA LEONE, ZIMBABWE, SOMALIA, SUDAN.
THE ENTIRE LEGAL RELATION BETWEEN THE PARTIES IS SUBJECT TO GERMAN LAW EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS (CISG). INSOFAR AS THE PARTY DOWNLOADING OR TESTING OR USING THE BS SOFTWARE IS A MERCHANT UNDER GERMAN LAW, THE EXCLUSIVE VENUE FOR ALL DISPUTES ARISING FROM THIS LEGAL RELATION BETWEEN THE PARTIES IS MUNICH, GERMANY. BITMANAGEMENT SOFTWARE GMBH IS, HOWEVER, ENTITLED TO SUE THE PARTY DOWNLOADING OR TESTING OR USING THE SOFTWARE AT ANY OTHER STATUTORY VENUE.
This end user license agreement shall terminate automatically if you fail to comply with it. No notice shall be required to effectuate respective termination. Upon termination you have to remove and destroy BS Software and any copy taken.
Should a provision of this Agreement be or become invalid or unenforceable or should this Agreement be incomplete, the remainder of this Agreement shall continue in full force and effect. The provision in question shall be replaced or, as the case may be, the incompleteness shall be remedied by a provision which comes closest to the economic intent of the Agreement.
You acknowledge and agree that you will not export and/or re-export BS Software outside the jurisdiction in which you obtained BS Software without appropriate US or foreign government licenses.
This Agreement constitutes the entire agreement between the parties in respect of the subject matter of this Agreement.