Version dated: 31 Mar 2018
The provisions of this End-User License Agreement ("Agreement") shall govern the relationship between Thermolab EOOD, Kesten 18, 1280 Novi Iskar, Bulgaria ("Licensor") and you and the organization you represent ("Customer", "You") with respect to the licensing by the Licensor of certain of its software and the provision by the Licensor of certain services. The Licensor is committed to providing quality web-based business operations and administrative software, with a focus on data management software.
Please read this Agreement carefully before clicking the "I Agree" button, downloading or using FormBolt ("Application").
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
If you have obtained a free version of the Application from Thermolab or from an authorized Thermolab reseller, then conditioned upon your compliance with the terms and conditions of this Agreement, Thermolab grants you a non-exclusive and non-transferable license to Execute the Application solely in executable form. For purposes of this Agreement, "Execute" and "Execution" means to load, install, and/or run the Application in order to benefit from its functionality as designed by Thermolab.
If you purchased a license to the Application from Thermolab or from an authorized Thermolab reseller, then conditioned upon your compliance with the terms and conditions of this Agreement, the Licensor grants you a revocable, nonexclusive, nontransferable, perpetual license to download, install and use the the number of copies of the Application for which you have paid solely for your personal or internal business purposes.
You may not copy, publish, sell, market, distribute, lend, lease, rent, or sublicense the Application or any software code contained within it. However, this license is not intended to prohibit or limit any fair use sanctioned by copyright law, such as permitted library and classroom usage. You may make back-up copies of the Application solely to the extent necessary for archival purposes.
Each copy of the Application is licensed, not sold. For purposes of this Agreement, the terms "purchase", "sell" and like terms refers to purchase or sale of a license to use the Application and not to a purchase or sale of title to or ownership of any rights or other interests in the Application. You own the media on which the Application is recorded, but you acknowledge and agree that Thermolab retains ownership of the Application itself and any related data or databases used by Thermolab or the Application (the "Database"), including all intellectual property rights therein. The Application and Database are protected by Bulgarian copyright law and international treaties.
You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Application as delivered to you. Thermolab reserves all rights in the Application and Database not expressly granted to you in this Agreement.
Other than the License granted to you, no rights in the APPLICATION are assigned or otherwise transferred to you.
We have a no refund policy on purchases of the "Application". We do this because we offer free, fully functional version of the "Application" this way you can download and try before you buy. This free version allows you to test the "Application" risk-free before you decide to make a purchase. Because there is no way to guarantee that the "Application" was actually removed from a system after it is installed, this allows us to help fight fraudulent activity.
We do not track or collect any information about you, your data, or your use of the APPLICATION. The Application will not download or install patches, upgrades, or any third party software without getting your permission.
SUPPORT, MAINTENANCE AND UPDATES
We are committed to providing product support, maintenance, and quality control as best as possible. Support and maintenance ("Maintenance") for the Application is available for Customers who have purchased the Paid license. Maintenance is available in accordance with Thermolab’s applicable Maintenance Policies then in effect and shall commence on delivery of the Application.
Maintenance is offered by the Licensor for a limited period of time, which the Customer explicitly specifies during the Purchase.
Maintenance is not offered for the Free license.
From time to time, Thermolab may, but has no obligation to, provide updates to the "Application". You are advised to update the "Application" regularly, or to set it to update automatically if that feature is available in your version of the "Application". If you are a paying customer with a current subscription purchased from Thermolab or a Thermolab authorized reseller, we will make available to you the standard updates and maintenance and support that we make generally available at no additional cost. Nothing in this Agreement entitles you to receive any support, maintenance, updates, upgrades, content or new versions of the "Application", unless you are a paying customer with a current subscription purchased from Thermolab or a Thermolab authorized reseller.
We warrant that the APPLICATION will provide the features and functions generally described in the product specification on our website when you purchased it and in the product documentation for a period of 90 days from payment of the License Fee. Media on which the APPLICATION is furnished, if any, will be free from defects in materials and workmanship.
We do not warrant that the Application or your ability to use it will be uninterrupted or error-free. To the extent permitted by applicable law, we disclaim any implied warranty of merchantability or fitness for a particular purpose.
LIMITATION OF LIABILITY
THERMOLAB'S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AMOUNTS PAID TO THERMOLAB BY YOU FOR THE SOFTWARE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
IN NO EVENT WILL THERMOLAB BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE APPLICATION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THERMOLAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE LICENSOR AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT THE PAID LICENSE FEE FOR THE APPLICABLE LICENSE, PRODUCT, OR SERVICE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
We may terminate this EULA immediately upon written notice if you commit any breach of this EULA. You may terminate this EULA at any time by giving us written notice. If this EULA is terminated for any reason: (a) you shall not be entitled to refund or repayment of the License Fee or any portion of it; and (b) you must immediately stop using the APPLICATION and permanently destroy any copies of the APPLICATION on your system(s).
If any part of this agreement is found to be invalid or unenforceable, the remaining terms will stay in effect. This agreement does not prejudice the statutory rights of any party dealing as a consumer.
This agreement will be governed by the laws of Bulgaria and the High Court of Bulgaria shall have exclusive jurisdiction in respect of any dispute or matter arising out of or in connection with it.
The customer understands and agrees that the Application includes Open Source Software ("OSS") components. A detailed list with the used open-source software is available at the end of this Agreement.
If you provide any ideas, suggestions, or recommendations regarding the Application or the Database ("Feedback"), Thermolab will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such Feedback as it sees fit, entirely without obligation or restriction of any kind. By providing Feedback, you grant Thermolab a worldwide, perpetual, irrevocable, sublicenseable, fully-paid and royalty-free license to use and exploit in any manner such Feedback. If you are using the Application in a business or for business purposes, you grant Thermolab the right to use your trade name (and the corresponding trademark or logo) on the FormBolt website and marketing materials to identify you as a customer.
If you have any questions regarding this Agreement, you may contact Thermolab at https://www.formbolt.com.