Botbeetle® is a software developed and operated by Sole Proprietor Bryzinski Andrei. (THE "Sole Proprietor")
PLEASE READ THIS END USER LICENSE AGREEMENT (THIS “EULA” OR “LICENSE AGREEMENT") CAREFULLY BEFORE CLICKING “I AGREE”. BY DOWNLOADING THE SOFTWARE AND CLICKING THE "I AGREE" BUTTON OR USING THE SOFTWARE OR INSTALLING THE SOFTWARE CLIENT SOFTWARE (THE "SOFTWARE"), YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE “DO NOT AGREE” BUTTON WHICH INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS LICENSE AGREEMENT AND WILL NOT COMPLETE INSTALLATION OF THE SOFTWARE.
BY ENTERING INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE (EVEN IF YOU’RE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN AUTHORIZED USER WHO IS UNDER 18 YEARS OF AGE) AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE.
THE TERMS OF THIS AGREEMENT MAY BE AMENDED, SUPPLEMENTED OR MODIFIED AT ANY TIME BY SOLE PROPRIETOR IN ITS DISCRETION, WHEN DE UPDATES OR UPGRADES THE SOFTWARE PRODUCT EFFECTIVE UPON PRIOR NOTICE AS FOLLOWS: Sole Proprietor will post the revised version of this Agreement here: www.botbeetle.com.
If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with Section 7 below.
Your installation and use of any of Sole Proprietor’ updates, upgrades or modifications to the Software, shall conclusively demonstrate your acceptance of such changes.
Sole Proprietor may change, modify, suspend, or discontinue any aspect of the Software at any time. Sole Proprietor may also impose limits on certain features or restrict your access to parts or all of the Software Product without notice or liability.
1. LIMITED USE LICENSE
If you agree to this License Agreement, you may install the Software onto your computer. Subject to your agreement to and continuing compliance with this License Agreement, Sole Proprietor hereby grants, and you hereby accept, a limited, non-exclusive license to (a) install the Software on one or more computers owned by you or under your legitimate control, and (b) use the Software in conjunction with the Service for your non-commercial purposes only. All use of the Software is subject to this License Agreement and to the Terms of Use agreement (the “ Terms of Use”), both of which you must accept before you can use the Software.
2. LICENSE RESTRICTIONS AND LIMITATIONS
The limited, personal use license granted to you in Section 1 is subject to the following restrictions and limitations as well as all other terms and conditions of this Agreement (collectively, the “License Limitations”). You agree that you will not, under any circumstances:
a. sell, sublicense, assign, rent, lease, or otherwise transfer the Software, except as expressly permitted by this Agreement;
b. reverse engineer, decompile, disassemble or otherwise derive source code from the Software or reduce the Software to a human-readable form, except to the extent that such actions are expressly permitted by applicable law or publish or share same with anyone;
c. copy, photocopy or reproduce the Software, in whole or in part; provided, however, that you may make one (1) copy of the Software for archival purposes only;
d. modify, translate or create derivative works based on or utilizing the Software, Service or Software experience, or any portion thereof or publish or share same with anyone;
e. remove or tamper with any copyright or other proprietary notices contained in or relating to the Software;
f. use other unauthorized third-party software, tools or content designed to modify the Software;
g. modify, or allow or cause to be modified, any files that are a part of the Software in any way not expressly authorized by Sole Proprietor in writing in each instance;
h. create any other software or content that incorporates the Software or Service or any portion thereof;
i. sell, grant a security interest in or transfer reproductions of the Software to other parties in any way not expressly authorized herein, or rent, lease or license the Software to others; or
j. disclose any unused or pending features you may find in the Software, which are confidential trade secrets of Sole Proprietor.
3. COPYRIGHTS, TRADEMARKS AND PROPRIETARY RIGHTS
a. Botbeetle® and certain related names and logos are unregistered trademarks, service marks and/or trade names of Sole Proprietor. These and all other trademarks, service marks and trade names used in or in connection with the Software (the “Marks”) are proprietary rights owned by Sole Proprietor or its licensors.
b. All rights and title in and to the Software, the Service, the Site, your Account on Site are owned by Sole Proprietor or its licensors. The Software are protected by Republic of Belarus and other international intellectual property laws. Sole Proprietor reserve all rights in connection with the Software, including, without limitation, the exclusive right to create derivative works there from, and you agree that you will not create any work of authorship based on the Software except as expressly permitted by Sole Proprietor.
You acknowledge and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Software. You further acknowledge and agree that you shall have no ownership or other property interest, and you acknowledge and agree that all rights are and shall forever be owned by and inure to the benefit of Sole Proprietor.
4. TEST PERIOD
Sole Proprietor provides for a 30-day test period, during which you study and test the Software version obtained on the computer that you intend to use to install and continue to use the Software.
At the end of the test period, you make the final decision about paying for the right to use the software or to refuse to use it.
If during the test period you find flaws and / or errors in the Software, but still decides to acquire the right to use the software, it means that you are willing to accept these errors and flaws. If you decide to purchase the right to use the software without studying and testing, or you study and test the Software in an amount insufficient to test the functionality of all its functions, this means that you acquire the right to use the software at your own risk. Any error messages in the software will be accepted by Sole Proprietor, but he does not guarantee that he will be able to correct them.
5. LICENCE FEE
The amount of remuneration is determined by Sole Proprietor and depends on the period of use of the software. Information about the Reward is located at https://botbeetle.com
In case of early termination of the license agreement, both at your initiative and at the initiative of Sole Proprietor, the return of the license fee to you is not carried out.
FEES ARE PAYABLE IN ADVANCE AND ANY UNUSED SUBSRIBTIONS IS NON REFUNDABLE AND NON TRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON.
Sole Proprietor may revise the pricing for the Software at any time. All fees are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. Sole Proprietor may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Website.
6. PATCHES AND UPDATES
Sole Proprietor may deploy or provide patches, updates and modifications to the Software that must be installed for you to continue to use the Software.
7. TERMINATION
This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) permanently destroying all copies of the Software in your possession or control; (ii) removing the Software from your hard drive. Sole Proprietor may terminate this Agreement at any time for any reason license expiration date or no reason. Upon termination for any reason, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Software in your possession and control and remove the Software from your hard drive.
8. WARRANTY DISCLAIMER
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SOLE PROPRIETOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
9. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, SOLE PROPRIETOR SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. SOLE PROPRIETOR SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING, WITHOUT LIMITATION, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL SOLE PROPRIETOR BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. USE OF THE SOFTWARE IS AT YOUR SOLE RISK.
10. EQUITABLE REMEDIES
You hereby agree that Sole Proprietor would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that Sole Proprietor shall be entitled, without bond or other security or proof of damages, to appropriate equitable remedies in any court of competent jurisdiction with respect to any breach of this Agreement, which equitable remedies shall be in addition to such other remedies as Sole Proprietor may otherwise have available under applicable law. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
11. GOVERNING LAW; DISPUTE RESOLUTION
a. Negotiations - To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement (“Dispute”), you and Sole Proprietor agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Sole Proprietor will send its notice by email to you at the email address you have provided to create your account. You will send your notice to Sole Proprietor by submitting a Support Ticket through Customer Support at botbeetle.com.
b. Binding Arbitration - If you and Sole Proprietor are unable to resolve a Dispute through informal negotiations, either you or Sole Proprietor may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the jurisdiction of Republic of Belarus courts.
c. Restrictions - You and Sole Proprietor agree that any arbitration shall be limited to the Dispute between Sole Proprietor and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
d. Exceptions to Negotiations and Arbitration - You and Sole Proprietor agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Sole Proprietor’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY CLICKING “I AGREE” AND/OR INSTALLING THE SOFTWARE AND USING THE SOFTWARE, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
