Please agree to the terms and conditions
BONDI - END USER LICENSE AGREEMENT
OMTP LTD. ("OMTP") IS WILLING TO LICENSE THE ACCOMPANYING SOFTWARE AND
DOCUMENTATION, IF ANY ("SOFTWARE") FREE OF CHARGE TO YOU (EITHER AN
INDIVIDUAL PERSON OR A SINGLE LEGAL ENTITY, WHO WILL BE REFERRED TO IN
THIS EULA AS "YOU") ONLY IF YOU OBTAINED THIS SOFTWARE FROM OMTP, AND
UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
END USER LICENSE AGREEMENT ("EULA"). THE TERM "SOFTWARE" INCLUDES ANY
UPGRADES, PATCHES, ERROR CORRECTIONS, SUPPLEMENTS OR ADD-ON COMPONENTS
THAT OMTP MAY LATER PROVIDE TO YOU TO THE EXTENT SUCH ITEMS ARE NOT
ACCOMPANIED BY A SEPARATE LICENSE AGREEMENT. PLEASE READ THE TERMS AND
CONDITIONS OF THIS EULA CAREFULLY BEFORE ACCESSING, INSTALLING OR USING
THE SOFTWARE. BY ACCESSING, INSTALLING OR USING THE SOFTWARE, YOU AGREE
TO THE TERMS AND CONDITIONS OF THIS EULA. IF YOU ARE NOT WILLING TO BE
BOUND BY THIS EULA, YOU MAY NOT ACCESS, INSTALL OR USE THE SOFTWARE.
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The Software is OMTP confidential information protected by intellectual
property laws and treaties and is licensed, not sold. In the event of
any conflict or inconsistency between the terms of this EULA and the
terms of any other license agreement from OMTP, the terms of this EULA
shall control.
1. License Rights. 1.1 Subject to Your compliance with this EULA, You
are granted a non-sublicensable and non-exclusive license to install and
use a copy of the Software on a personal computer or mobile device, or
on an internal server for concurrent use within your organization only,
solely for your internal evaluation and research use only. Any
commercial or productive use is forbidden. 1.2 You shall not copy,
distribute or otherwise share use of the Software with others or
sublicense, rent, lease, or commercially host the Software. 1.3 All
rights not expressly granted in this Section 1.0 are reserved to OMTP.
OMTP and its licensors retain all right, title and interest in the
Software and associated intellectual property rights. The structure,
sequence, organization and code of the Software are the valuable trade
secrets and copyrighted confidential information of OMTP and its
licensors.
2. Restrictions. 2.1 The Software is licensed as a single product. The
Software's component parts shall not be separated for use on more than
one computer. 2.2 You shall not reverse engineer, modify, decompile,
disassemble or otherwise attempt to derive the source code or other
information from the Software, except and only to the extent that: (a)
such activity is expressly permitted by directly applicable law
notwithstanding this limitation; and (b) it is essential to engage in
such activity in order to obtain information needed to achieve
interoperability of independently created software with the Software;
and (c) OMTP has not made such information available to you (for a fee
or otherwise) under reasonable terms and conditions. Any information
supplied to or obtained by you under this Section 2.2 may only be used
by you for the purpose described in this Section 2.2, and shall not be
disclosed to any third party or used to create any software which is
substantially similar to the expression of the Software. 2.3 You agree
to provide any feedback, comments, suggestions, or improvements that You
may have, if any, to OMTP. You agree that OMTP may use any technical
information you provide hereunder for OMTP's business purpose, including
for product support and development, without any obligation or payment
to You. 2.4 This EULA does not grant you any rights in connection with
any trademarks or servicemarks of OMTP. 2.5 Without prejudice to any
other OMTP rights or remedies, this EULA shall automatically terminate
if you fail to comply with the terms and conditions of this EULA. In
such event, you immediately must destroy all copies and cease all use of
the Software.
3. Disclaimers. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OMTP
AND ITS SUPPLIERS PROVIDE THE SOFTWARE TO YOU AS IS AND WITH ALL FAULTS,
AND OMTP AND ITS SUPPLIERS DISCLAIM WITH RESPECT TO THE SOFTWARE ALL
REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES OR
CONDITIONS RELATED TO: TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS, LACK OF DEFECTS,
NEGLIGENCE OR WORKMANLIKE EFFORT, OR CORRESPONDENCE TO DESCRIPTION. THE
ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS
WITH YOU. OMTP SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES CAUSED
IN WHOLE OR IN PART BY SOFTWARE OR HARDWARE PROVIDED BY PARTIES OTHER
THAN OMTP.
4. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW: (A) IN NO EVENT WILL OMTP BE LIABLE FOR ANY LOST
REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE
THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE
SOFTWARE, EVEN IF OMTP. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES; (B) IN NO EVENT SHALL OMTP'S LIABILITY TO YOU, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE LICENSE
FEE PAID BY YOU FOR THE SOFTWARE, IF ANY; AND (C) THE FOREGOING
LIMITATIONS IN THIS SECTION 6.0 SHALL APPLY EVEN IF ANY REMEDY FAILS OF
ITS ESSENTIAL PURPOSE.
5. Export Regulations. Software, including technical data, may be
subject to Japanese export control laws and regulations, and may be
subject to export or import regulations in other countries. You agree to
comply strictly with all such laws and regulations.
6. Governing Law. This EULA and all related disputes shall be governed
by and construed under the laws of England and Wales. The choice of law
rules of any jurisdiction shall not apply. Nothing herein shall be
construed to prevent OMTP from seeking injunctive or provisional relief
in any court of competent jurisdiction under the laws applicable
thereto.
7. Severability. If any of the above provisions are held to be in
violation of applicable law, void, or unenforceable in any jurisdiction,
such provisions shall not affect the validity of the balance of the
EULA, and such provisions are herewith waived or reformed to the extent
necessary for the EULA to be otherwise enforceable in such jurisdiction.
8. Integration. This EULA is the entire agreement between you and OMTP
relating to the Software and supersedes all prior or contemporaneous
oral or written agreements, communications, proposals and
representations with respect to its subject matter. No modification to
the EULA will be binding, unless in writing and signed by a duly
authorized representative of OMTP.