PLEASE READ THIS END-USER LICENSE AGREEMENT ("EULA ") CAREFULLY. BY INSTALLING OR USING THE SOFTWARE THAT ACCOMPANIES THIS EULA ("SOFTWARE"), YOU AGREE TO THE TERMS OF THIS EULA IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE AND, IF APPLICABLE, RETURN IT TO THE PLACE OF PURCHASE FOR A FULL REFUND.
This EULA is a legal agreement between you (either an individual or a single entity) and Acrosonic Corporation ("Acrosonic"). This EULA governs the Software, which includes computer software (including online and electronic documentation) and any associated media and printed materials. This EULA applies to updates, supplements, add-on components, and lnternet-based services components of the Software that Acrosonic may provide or make available to you unless Acrosonic provides other terms with the update, supplement, add-on component, or Internet-based services component. Acrosonic reserves the right to discontinue any lnternet-based services provided to you or made available to you through the use of the Software. This EULA also governs any product support services relating to the Software except as may be included in another agreement between you and Acrosonic. An amendment or addendum to this EULA may accompany the Software. The Software may contain the following:
"Server Software" provides services or functionality on your server (your computers capable of running the Server Software are "Servers"); and
“Device Software" allows a single personal computer, workstation, terminal, handheld computer, pager, telephone, personal digital assistant, or other electronic device ("Device") to access or use the Server Software.
Acrosonic grants you the following rights, conditioned on your compliance with all the terms and conditions of this EULA:
Installation, Server Software
You may install only one copy of Server Software on a single Server, even if multiple copies of Server Software (for example, 32-bit and 64-bit versions) are included in the Software. Separate component parts of the Server Software may not be used on more than one Server. An additional license is required if you install another copy of the Server Software on the same Server (whether in a separate partition, by using server emulation software, or otherwise) or to install or run a copy of the Server Software on a different Server (for example, a Server employed for backup or fail-over support).
Installation, Device Software
You may install and use the Device Software on any Device solely to access or use the Server Software.
BizNet Site Manager Software Client Access License ("CAL") Requirements
The Software licensing model consists of this Server Software license and incremental CALs, so that the total cost for the Software scales with usage. CAL’s are not required for each individual person (“Anonymous User”) or Devices that is granted public access to the Server Software. You must separately acquire a CAL for each individual person ("Authenticated User") or Device that is granted private access to the Server Software, whether directly or through a Multiplexing Service (defined below). Each User CAL permits one User (using any Device) to access or use the Server Software. Each Device CAL permits one Device (used by any User) to access or use the Server Software. You may use a mix of User CALs and Device CALs simultaneously with the Server Software. A "Multiplexing Service" is a software application or service accessing or using the Server Software at the request of or on behalf of a User or Device.
Premium Server Services
Acrosonic may subsequently create new software functionality ("Premium Services") that you may wish to use with this version of the Software. To make these Premium Services available to you for use with this version of the Software, Acrosonic may provide them under additional license terms and may charge additional access license fees for you to install and use them, if you choose.
CALs, and any future Premium Services CALs that you acquire, may not be used in conjunction with Server Software licensed to anyone other than you.
Each required CAL must be BizNet Site Manager or a later version.
Up to three Users or Devices may simultaneously access or use the Server Software solely for administration of the Server Software, without acquiring any CALs.
Other Rights and Limitations
Your use of software applications installed on the Server, accessed through the Server, or providing application-sharing functionality may require additional licenses. Please consult the license agreement accompanying such software.
Reservation of Rights; Other Restrictions
The Software is protected by copyright and other intellectual property laws and treaties. Acrosonic or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. Acrosonic reserves all rights not expressly granted to you in this EULA.
Notwithstanding any other provision in this EULA, neither this EULA nor any CAL grants a license, under any Acrosonic intellectual property, to implement any functionality contained in the Software (including without limitation communication protocols used by the Software) in any software installed on a Device accessing or utilizing the Server Software. Reverse engineering, decompiling, or disassembling the Software is prohibited, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Renting, leasing, or lending the Software (including providing commercial hosting services) is also prohibited.
Product Support Services
Acrosonic may provide you with product support services related to the Software. Use of any such support services is governed by the Acrosonic policies and programs described in the user manual, in online documentation, on Acrosonic's support webpage, or in other Acrosonic-provided materials. Any software Acrosonic may provide you as part of support services are governed by this EULA, unless separate terms are provided. This EULA does not obligate Acrosonic to provide any support services or to support any software provided as part of those services.
Consent to Use of Data
You agree that Acrosonic and its affiliates may collect and use technical information gathered as part of the support services provided to you, if any, related to the Software. Acrosonic may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
Links to Third Party Internet Sites
You may link to third-party Internet sites through the use of the Software. Acrosonic does not control the third-party sites, and Acrosonic is not responsible for the contents of any third-party sites, any links contained in third-party sites, or any changes or updates to third-party sites. Acrosonic is not responsible for web-casting or any other form of transmission received from any third-party sites. Acrosonic is providing you these links to third-party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Acrosonic of the third-party site.
To use Software identified as an upgrade by Acrosonic, it is required that you be licensed for the software identified by Acrosonic as eligible for the upgrade. After upgrading, the software that formed the basis for your upgrade eligibility may no longer be used. The resulting upgraded Software may be used only in accordance with the terms of this EULA.
Not for Resale Software
Software identified as "Not for Resale" or "NFR," may not be sold or otherwise transferred for value or used for any purpose other than demonstration, test or evaluation.
Academic Edition Software
To use Software identified as "Academic Edition" you must be a "Qualified Educational User." For qualification-related questions, please contact the Acrosonic Corporation, 12819 SE 38th St #52, Bellevue, WA 98006.
You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
Software Transfer - Internal transfer
You may move the Server Software to a different Server as long as you permanently remove the software from the initial Server. Software may not be transferred to a Third Party.
Without prejudice to any other rights, Acrosonic may terminate this EULA if you are not in compliance with all the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
The following Limited Warranty applies if you acquired this Product in the U.S. or Canada:
Limited Warranty for Software Acquired in the U.S. and Canada
Acrosonic warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have all implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long all implied warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety-day Limited Warranty period are not covered by any Warranty or condition, express, implied or statutory.
Limitation on Remedies; No Consequential or Other Damages
Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Acrosonic, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Acrosonic's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 15 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction.
Your Exclusive Remedy
Acrosonic's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at Acrosonic's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Acrosonic with a copy of your receipt. You will receive the remedy elected by Acrosonic without charge, except that you are responsible for any expenses you may incur (e.g., cost of shipping the Software to Acrosonic). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Acrosonic will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Acrosonic's warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by Acrosonic are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Acrosonic Corporation, 12819 SE 38th St #52, Bellevue, WA 98006.
Disclaimer of Warranties
The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Acrosonic and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, "whether 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 reliability or availability, 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 Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
Exclusion of Incidental, Consequential and Certain Other Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL ACROSONIC OR ITS SUPPLlERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFlTS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY 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 INABILlTY TO USE THE SOFTW ARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ACROSONIC OR ANY SUPPLIER, AND EVEN IF ACROSONIC OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability and Remedies
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (lNCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF ACROSONIC AND ANY OF ITS SUPPLIERS UNDER ANY PROVISI0N OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY ACROSONIC WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 13, 14, AND 15) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
U.S. Government License Rights
All Software provided to the U.S, Government pursuant to solicitations issued on or after December 1, 1995, is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S, Government pursuant to solicitations issued prior to December 1, 1995, is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227 -14 (JUNE 1987) or DF AR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
If you acquired this Software in the United States, this EULA is governed by the laws of the State of Washington.
Entire Agreement; Severability
This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and Acrosonic relating to the Software and the Support Services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Acrosonic policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control unless the parties otherwise agree in writing. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect
Copyright Acrosonic Corporation. 1997-2021. All Rights Reserved. Acrosonic, Acrosonic Corporation, Building Bridge, BizNet, BeCom, the associated logos are trademarks of Acrosonic Corporation U.S. and foreign patents pending.
Acrosonic Biznet Framework Software v.1.1, Acrosonic Biznet Site Manager Software v. 1.0 EULA
Last updated on June 15, 2019