BUSINESS THAT CONNECTS END-USER LICENSE AGREEMENT
This is a legally binding agreement between you (either an individual or a single entity), referred to herein as "YOU", and BUSINESS THAT CONNECTS LTD, referred to herein as "BTC". This Application entitled Business That Connects and all documents and materials included in it are referred to herein as the "APPLICATION" or the "DOCUMENTS". Opening or using all or any portion of this Application indicates your acceptance of all the terms and conditions of this End-User License Agreement referred to herein as "EULA" and that this agreement is equivalent to a written agreement signed by you. By selecting the box "I AGREE" or performing a similar electronic function, you are providing your acceptance of the terms of this agreement. This agreement is enforceable against you and any legal entity that obtained the Application and on whose behalf it is used. If you do not agree to the terms of this agreement, please do not use this Application.
IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THIS APPLICATION OR THE DOCUMENTS IN HARD COPY, DIGITAL FORM OR ANY OTHER MEDIUM WHETHER EXISTING OR NOT YET EXISTING, EXCEPT AS SPECIFICALLY PERMITTED BELOW.
The use of this Application is governed by the terms and conditions set forth herein. Please read them carefully. This EULA is applicable to all of the Documents included in the Application and to the Application in its whole part. You are deemed to have read, understood and accepted the terms of this EULA when you use the Application.
1. LIMITED LICENSE. Only the individual that is set to use the Application, as indicated by the user information provided, will have the license to use the Documents. Use by any other person, company, affiliate, corporation, Limited Liability Company, trust, or other separate legal entity will be at the risk of the individual. It is strongly recommended that each and every user has their own log in. This includes companies that may be affiliated to you by ownership or otherwise. The license granted herein shall remain in effect perpetually, but shall terminate upon your use of the Application beyond the scope licensed herein or upon your violation of any term or condition hereof. All protections with which Business That Connects is provided under this EULA shall survive the termination of your license to use the Application.
2. PROPRIETARY RIGHTS. Business That Connects and its suppliers retain all title, ownership, and intellectual property rights in the Application, including but not limited to all supporting documentation, files, marketing material, images, multimedia and applets. The Application is protected by copyright and other intellectual property laws and by ineulational treaties. The Application may include security measures designed to control access and prevent unauthorized copying and use. You agree not to interfere with any such security components. Business That Connects permits you to use or otherwise benefit from the functionality or intellectual property of the Application only in accordance with the terms of this EULA. Use of third party material included in the Application may be subject to the terms and conditions typically found in the party's own license agreement.
3. CONFIDENTIALITY. Each party agrees that it shall not disclose to any third party any information concerning the customers, trade secrets, methods, processes or procedures or any other confidential, financial or business information of the other party which it learns during the course of its performance of this EULA, without the prior written consent of such other party. This obligation shall survive the cancellation or other termination of this EULA. The Application contains trade secrets and proprietary know-how that belong to Business That Connects and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE APPLICATION, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS EULA, MAY BE ACTIONABLE AS A VIOLATION OF BUSINESS THAT CONNECTS���S TRADE SECRET RIGHTS.
4. NON-TRANSFER OF RIGHTS. You may not rent, lease, sell, sublicense, assign or transfer your rights in the Application, or authorize any portion of the Application to be copied onto another individual or legal entity's computer.
5. DISTRIBUTION. You may not unpack or remove Documents and distribute them in any way. Distribution of the full and complete unaltered Application is allowed provided that Business That Connects has given you prior written authorization (through your participation in any of Business That Connects��� partner programs) and that all trademarks, ownership and copyright notices remain in the Application.
7. RESTRICTIONS. You may not: (i) modify or create any derivative works of the Application or documentation, including customization, any modifications or enhancements, translation or localization without Business That Connects' express written consent; (ii) reverse engineer, decompile, disassemble, make or otherwise attempt to derive the source code of the Application, or the underlying ideas or algorithms of the Application; (iii) attempt to gain unauthorized access to Documents, Business That Connects server or any other service, account, computer system or network associated with the Application or with Business That Connects, it's affiliates, Brokers, partners and customers; (iv) remove or alter any trademark, logo, copyright or other proprietary notices or symbols in the Application; (v) block, disable, or otherwise affect any advertising, banner window, tab, link to websites and services, or other features that are part of the Application; (vi) incorporate, integrate or otherwise include the Application or any portion thereof into any Application, program or product; (vii) use the Application in any way that violates this EULA or any law; or (viii) authorize or assist any third party to do any of the things described in this section.
8. PUBLICITY. You shall not refer to the existence of this EULA in any press release, website, advertising or any publicly distributed or accessible material, without the prior written consent of Business That Connects.
9. PRIVACY
(a) APPLICATION IMPROVEMENT PROGRAM. By participating in the Business That Connects Application Improvement Program, you allow Business That Connects to collect anonymous information relating to your use of the Application, such as the frequency of your use of the Application and of certain features, and information on errors occurring during your use of the Application. This anonymous usage data will be used to diagnose performance issues and improve the reliability of the Application and its features. This data will not be tied to any information that would personally identify you.
(b) PERSONAL INFORMATION. You may be asked to provide certain information that will be used to personalize certain Documents, send your Business That Connects information via email or mail, and customize some information presented to you through the Application. For example, you may be asked for your agents personal information, which could be used by the Application to provide you with relevant Documents and/or related contract information. All personal and billing information is transmitted using the secure SSL protocol. Both personal and non-personal information collected by the Application is safeguarded according to the highest privacy and data protection standards adopted worldwide, and will not be shared or given without your consent as described in our Privacy Policy (available at http://www.Business That Connects.com/privacy/index.html).
13. LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, BUSINESS THAT CONNECTS AND ITS EMPLOYEES, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS EULA OR THE USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED.
14. DISCLAIMER OF WARRANTY. YOU ACCEPT THE APPLICATION "AS IS" AND WITH ALL FAULTS (IF ANY). BUSINESS THAT CONNECTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUSINESS THAT CONNECTS MAKES NO WARRANTY OR REPRESENTATIONS WHATSOEVER REGARDING THE CONTENT OF THE DOCUMENTS AND YOUR USE OF THE DOCUMENTS, OR THE SUITABILITY OF THE DOCUMENTS TO MEET YOUR SPECIFIC NEEDS. THE DOCUMENTS ARE DETAILED, BUT GENERIC IN FORM.
Business That Connects makes no warranties with respect to the Documents as described above and as such, there should be no reason for you to bring any grievance against Business That Connects. However, if you do bring any action, claim, suit, threat or demand against Business That Connects, and you do not substantially prevail, you shall pay Business That Connects��� entire attorney fees and costs attached to such action. In the same token, if Business That Connects is forced to take legal action to enforce this EULA or any of its rights described herein or under any state or federal law, you will pay Business That Connects��� attorney fees and costs.
15. VIOLATIONS OF THIS EULA. Business That Connects reserves all rights not specifically granted to you above. Business That Connects will have the right to proceed against you in the event that you infringe against Business That Connects��� rights. Any use not within the precise scope of the license set forth herein will be considered an infringement. You acknowledge and agree that Business That Connects��� damages in the event of your violation of this EULA will be substantial and that Business That Connects will suffer irreparable harm in such event. As such, Business That Connects shall have the right to obtain equitable remedies, including but not limited to recovery of damages, obtaining injunctions, recovering statutory damages, recovering attorney fees, and any other available legal remedy.
16. TERMINATION. Business That Connects shall have the sole and exclusive right to immediately terminate this EULA and suspend your license to use the Application should you fail to perform any obligation required under this EULA, engage in activity that Business That Connects deems harmful to its well-being or if you become bankrupt or insolvent. This EULA takes effect upon your installation of the Application and remains effective until terminated. Upon termination of this EULA by Business That Connects, you shall return to Business That Connects the original and all copies of the Applications Documents.
17. WAIVER & SEVERABILITY. Business That Connects' waiver of any breach of this EULA shall not constitute an amendment to this EULA or Business That Connects' waiver of subsequent breaches. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of this EULA, which will remain valid and enforceable according to its terms.
19. ELECTRONIC NOTICES. You consent that Business That Connects may provide you with information and notices regarding the Application and Business That Connects via the email address you designate for the Application or thereafter. Business That Connects may provide notices to you via (i) email if you have provided Business That Connects with a valid email address, or (ii) by posting the notice on the Business That Connects website or the Application download site which Business That Connects owns and operates. You may withdraw your consent for electronic notices.
20. AMENDMENTS. Business That Connects reserves the right to unilaterally amend all offers, pricing terms or other matters pertaining to the Application, Business That Connects��� website or this EULA. No course of dealing or trade usage shall be deemed to amend the terms of this EULA.
22. COMPLETE AGREEMENT. This is the entire EULA between Business That Connects and you relating to the Application and it supersedes any prior representations, discussions, undertakings, warranties, communications or advertising relating to the Application.
For inquiries please contact:
BUSINESS THAT CONNECTS, Foxhall Business Centre, Foxhall Road, Nottingam, NG7 7LH.
