BY ACCEPTING THIS AGREEMENT OR USING THE SOFTWARE, YOU AGREE TO ALL OF THESE TERMS. IF YOU DO NOT ACCEPT AND COMPLY WITH THESE TERMS, YOU MAY NOT USE THE SOFTWARE OR FEATURES.
Right of Use:
The owner of the data must be the licensee of the software. This software is not to be used by a third party (ie Consultant or consulting company) to manipulate data that it does not own. A third party can use the software on a customer’s data once it is licensed by the owner of the data.
How can I use the software?
We do not sell our software or your copy of it – we only license it. Under our license we grant you the right to install and run that one copy on one computer (the licensed computer) for use by one person at a time, but only if you comply with all the terms of this agreement. Our software license is permanently assigned to the licensed computer. Please refer to the Additional Terms for licenses and conditions that are specific to certain countries, Limited Rights Versions and Special Editions of the software. The components of the software are licensed as a single unit. You may not separate or virtualize the components and install them on different computers. The software may include more than one version, such as 32-bit and 64-bit, and you may install and use only one version at a time. Except for the permitted use described under "Remote Access" below, this license is for direct use of the software only through the input mechanisms of the licensed computer, such as a keyboard, mouse, or touchscreen. It does not give permission for installation of the software on a server or for use by or through other computers or devices connected to the server over an internal or external network. The software also is not licensed for commercial hosting. For more information on multiple user scenarios and virtualization, see the Additional Terms.
Can I transfer or reassign the software to another user or computer?
You may not transfer the software to another user. You may transfer the software directly to a third party only as installed on the licensed computer. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. You may not retain any copies. You may reassign this software license to a different computer any number of times, but not more than one time every 90 days. If you reassign, that other computer becomes the “licensed computer.” If you retire the licensed computer due to hardware failure, you may reassign the license sooner.
Does the software collect my personal information?
What does this agreement apply to?
This agreement applies to the software, the media on which you received the software, and also any BM Process Services Ltd. updates, supplements, and services for the software, unless other terms come with them.
Are there things I'm not allowed to do with the software?
Yes. Because the software is licensed, not sold, BM Process Services Ltd. reserves all rights (such as rights under intellectual property laws) not expressly granted in this agreement. In particular, this license does not give you any right to, and you may not: use or virtualize features of the software separately, publish, copy (other than the permitted backup copy), rent, lease, or lend the software; transfer the software (except as permitted by this agreement), attempt to circumvent technical protection measures in the software, reverse engineer, decompile, or disassemble the software, except if the laws where you live permit this even when our agreement does not. In that case, you may do only what your law allows.
What about upgrading or converting the software?
If you install the software covered by this agreement as an upgrade or conversion to your existing software, then the upgrade or conversion replaces the original software that you are upgrading or converting from. You do not retain any rights to the original software after you have upgraded and you may not continue to use it or transfer it in any way. This agreement governs your rights to use the upgrade software and replaces the agreement for the software from which you upgraded.
Does BM Process Services Ltd. provide a LIMITED WARRANTY for the software?
Yes, other than for trial software, which is licensed "as-is" and without express warranties, guarantees and conditions. BM Process Services Ltd. warrants that properly licensed software will perform substantially as described in any BM Process Services Ltd. materials that accompany the software. This limited warranty does not cover problems that you cause, or that arise when you fail to follow our instructions, or that are caused by events beyond BM Process Services Ltd.'s reasonable control. The limited warranty starts when the first user of your copy of the software acquires that copy, and lasts for 60 days. Any supplements, updates, or replacement software that you may receive from BM Process Services Ltd. during that year are also covered, but only for the remainder of that 60 day period. Transferring the software will not extend the term of the limited warranty. BM Process Services Ltd. gives no other express warranties, guarantees, or conditions. BM PROCESS SERVICES LTD. EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF YOUR LOCAL LAW DOES NOT ALLOW BM PROCESS SERVICES LTD.'S EXCLUSION OF IMPLIED WARRANTIES, THEN ANY IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY AND ARE LIMITED AS MUCH AS YOUR LOCAL LAW ALLOWS. IF YOUR LOCAL LAW REQUIRES A LONGER LIMITED WARRANTY TERM, DESPITE THIS AGREEMENT, THEN THAT LONGER TERM WILL APPLY, BUT YOU CAN RECOVER ONLY THE REMEDIES THAT ARE DESCRIBED IN THIS AGREEMENT. A section near the end of this agreement explains how you can make a claim under the limited warranty.
What if BM Process Services Ltd. breaches its warranty?
If BM Process Services Ltd. breaches its limited warranty, your only remedy is the repair or replacement of the software. We also have the option to refund to you the price you paid for the software instead of repairing or replacing it. Prior to refund, you must uninstall the software and return it to BM Process Services Ltd. with proof of purchase.
What if BM Process Services Ltd. breaches any part of this agreement?
IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES FROM BM PROCESS SERVICES LTD., YOU CAN RECOVER ONLY DIRECT DAMAGES UP TO THE AMOUNT THAT YOU PAID FOR THE SOFTWARE. YOU MAY NOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES. The damage exclusions and limitations in this agreement apply even if repair, replacement or a refund for the software does not fully compensate you for any losses or if BM Process Services Ltd. knew or should have known about the possibility of the damages. SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES, SO THOSE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IF LOCAL LAW ALLOWS YOU TO RECOVER OTHER DAMAGES FROM BM PROCESS SERVICES LTD, EVEN THOUGH WE DO NOT, YOU CANNOT RECOVER MORE THAN YOU PAID FOR THE SOFTWARE.
- LICENSE RIGHTS AND MULTI USER SCENARIOS
- Computer: In this agreement, "computer" means a hardware system (whether physical or virtual) with a storage device capable of running the software. A hardware partition or blade is considered to be a computer.
- Multiple or pooled connections: You may not use hardware or software to multiplex or pool connections, or otherwise allow multiple users or multiple computers or devices to access or use the software indirectly through the licensed computer.
- Use in a virtualized environment: If you use virtualization software, including client hyper-v, to create one or more virtual computers on a single computer hardware system, each virtual computer, and the physical computer, is considered a separate computer for purposes of this agreement. This license allows you to install only one copy of the software for use on one computer, whether that computer is physical or virtual. If you want to use the software on more than one computer, you must obtain separate copies of the software and a separate license for each copy. Content protected by digital rights management technology or other full-volume disk drive encryption technology may be less secure in a virtualized environment.
- Remote access: The user that primarily uses the licensed computer is the "primary user." The primary user may access and use the software installed on the licensed device remotely from any other device, as long as the software installed on the licensed device is not being used non-remotely by another user simultaneously. As an exception, you may allow others to access the software simultaneously only to provide you with technical support.
- BINDING ARBITRATION AND CLASS ACTION WAIVER
- Application: This section applies to any dispute EXCEPT IT DOES NOT INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, BM PROCESS SERVICES LTD.'S, OR EITHER OF OUR LICENSORS' INTELLECTUAL PROPERTY RIGHTS. Dispute means any dispute, action, or other controversy between you and BM Process Services Ltd. concerning the software (including its price) or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.
- Notice of Dispute: In the event of a dispute, you or BM Process Services Ltd. must give the other a Notice of Dispute, which is a written statement of the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by Canadian mail to BM Process Services Ltd. Corporation, ATTN: LCA ARBITRATION, 34 Edgeford Road NW Calgary AB T3A2S6. BM Process Services Ltd. will send any Notice of Dispute to you by Canadian mail to your address if we have it, or otherwise to your e-mail address. You and BM Process Services Ltd. will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or BM Process Services Ltd. may commence arbitration.
- UPDATES AND UPGRADES
- Updates and Upgrades: You may only obtain updates or upgrades for the software from BM Process Services Ltd. or authorized sources. Certain upgrades, support, and other services may be offered only to users of genuine BM Process Services Ltd. software. TRIAL SOFTWARE IS LICENSED "AS-IS," AND YOU BEAR THE RISK OF USING IT. BM PROCESS SERVICES LTD. GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, BM PROCESS SERVICES LTD. EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- SUPPORT AND REFUND PROCEDURES
- BM Process Services Ltd. provides limited support services for properly licensed software as described at http://www.bmprocessservicesltd.com.
- WARRANTY PROCEDURES
- United States and Canada: You need proof of purchase for service under the limited warranty. For limited warranty service or information about how to obtain a refund for software acquired in the United States and Canada, send email to email@example.com.