Thank you for visiting the Albus Bit SIA ("we" or "Albus Bit") website, albusbit.com (the "Website"). This document ("Terms of Sale") is a legal agreement between you or the entity that you represent ("you") and Albus Bit, and governs your download and purchase of Albus Bit software products from the Website.
PLEASE NOTE THAT YOUR USE OF THE WEBSITE TO DOWNLOAD A SOFTWARE PRODUCT CONSTITUTES ACCEPTANCE OF THE TERMS OF SALE, AND TERMS AND CONDITIONS OF THE END USER LICENSE AGREEMENT PROVIDED BELOW. IF YOU DO NOT AGREE TO THE TERMS OF SALE, OR TERMS OF THE END USER LICENSE AGREEMENT, PLEASE EXIT THE WEBSITE WITHOUT CONTINUING THE ORDERING AND/OR DOWNLOADING PROCESS.
The purpose and intent of this Website is to provide information on software products (the "Software") that we make available for download and purchase through the Website.
We offer the Software for download on a free trial basis pursuant to an Evaluation License as set out in our End-User License Agreement set forth below ("EULA"). Your use of the copy of the evaluation version of the Software is subject to the applicable terms and conditions of the EULA.
After the expiration of the evaluation period, you may obtain through the Website a Commercial License of the Software pursuant to the Annual Subscription, Perpetual, or if applicable, the Free Edition, as set out in the EULA. Your use of the copy of the Software is subject to the applicable terms and conditions of the EULA.
Our authorized reseller, 2Checkout ("Distributor"), is responsible for sales of Commercial Licenses. Your purchase of a Commercial License is subject to any pricing or any special terms of sale that may be agreed between you and Distributor. You are responsible for providing Distributor with a valid credit card number or other acceptable means of payment to secure payment. Distributor reserves the right to cancel any order if the credit card number you provide is not valid.
THE following terms constitute a binding agreement between you and Albus Bit with respect to use of Albus Bit Products ("Licensed Software")
Albus Bit SIA ("Albus Bit") grants to you a non-exclusive, non-transferable, Evaluation License for trial and evaluation of the Licensed software, in binary object code form, for a period specified on the product sheet. This License begins upon downloading or installing the Licensed Software and expires at the end of the specified period ("Evaluation Period").
If you are not willing to use the Licensed Software, either the Free Edition or the Enterprise/ Single Administrator/ Site/ Multiple Site/ Single Consultant/ Unlimited Consultant Edition, after the Evaluation Period, delete all the copies installed in your computer with immediate effect. You are forbidden from using the Licensed Software for any other use or otherwise offering it for resale under the terms of this Section 1. Albus Bit retains all rights not specifically granted to you herein.
"Use" means storing, locating, installing, executing or displaying the Licensed Software according to the license procured by you.
"Single Installation License" means that the license key provided shall not be used for more than one concurrent Use of the Licensed Software.
Free Edition: Where applicable, if you choose to use the Free Edition beyond the Evaluation Period, the Licensed Software allows you to use the Free version features. Albus Bit grants you a non-exclusive, non-transferable, world-wide license to use the Licensed Software for no cost in perpetuity.
Annual Subscription License: As part of your choosing annual subscription license, Albus Bit grants you a fee-bearing, non-exclusive, non-transferable, world-wide license to Use the Licensed Software including user documentation, updates and upgrades to which you are entitled as well as any plug-ins provided to you during the period of your subscription, provided that such access and Use of the Licensed Software is in accordance with the Single Installation License granted by Albus Bit. Under the Subscription License, the Licensed Software is licensed only for a subscription period of one year. You must renew your license at least 10 days before the expiry of the subscription period in order to continue using the Licensed Software. If you do not renew the license, you agree to stop using the Licensed Software after end of the subscription period and remove the Licensed Software from your systems
Perpetual License: As part of your choosing perpetual license, Albus Bit grants you a fee-bearing, non-exclusive, non-transferable, perpetual, world-wide license to Use the Licensed Software including user documentation, updates and upgrades to which you are entitled as well as any plug-ins provided to you, provided that such access and Use of the Licensed Software is in accordance with the Single Installation License granted by Albus Bit.
In addition to all other terms and conditions of this Agreement, you shall not: (i) install one copy of the Licensed Software on more than one CPU; (ii) remove any copyright, trademark or other proprietary notices from the Licensed Software or its copies; (iii) make any copies except for one back-up or archival copy, for temporary emergency purpose; (iv) rent, lease, license, sublicense or distribute the Licensed Software or any portions of it on a standalone basis or as part of your application; (v) modify or enhance the Licensed Software; (vi) use the Licensed Software in a computer-based services business or publicly display visual output of the Licensed Software or use the Licensed Software for the benefit of any other person or entity; (vii) reverse engineer, decompile or disassemble the Licensed Software; or (viii) allow any third parties to access, use or support the Licensed Software.
As part of subscription license and perpetual license, Albus Bit provides support that includes email support for problem reporting, product updates, upgrades and online access to product documentation at no additional cost for the period of subscription.
Albus Bit owns all right, title and interest in and to the Licensed Software. Albus Bit expressly reserves all rights not granted to you herein, notwithstanding the right to discontinue or not to release any Licensed Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or characteristics of the Licensed Software. The Licensed Software is only licensed and not sold to you by Albus Bit.
The Licensed Software contains proprietary information of Albus Bit that are protected by the laws of the Republic of Latvia and you hereby agree to take all reasonable efforts to maintain the confidentiality of the Licensed Software. You agree to reasonably communicate the terms and conditions of this Agreement to those persons employed by you who come into contact with or access the Licensed Software, and to use reasonable efforts to ensure their compliance with such terms and conditions, including but not limited to, not knowingly permitting such persons to use any portion of the Licensed Software for a purpose that is not allowed under this Agreement.
Albus Bit does not warrant that the Licensed Software will be error-free. Except as provided herein, the Licensed Software is furnished "as is" without warranty of any kind, including the warranties of merchantability and fitness for a particular purpose and without warranty as to the performance or results you may obtain by using the Licensed Software. You are solely responsible for determining the appropriateness of using the Licensed Software and assume all risks associated with the use of it, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
In no event will Albus Bit be liable to you or any third party for any special, incidental, indirect, punitive or exemplary or consequential damages, or damages for loss of business, loss of profits, business interruption, or loss of business information arising out of the use or inability to use the program or for any claim by any other party even if Albus Bit has been advised of the possibility of such damages. Albus Bit's entire liability with respect to its obligations under this agreement or otherwise with respect to the Licensed Software shall not exceed the amount of the license fee paid by you for the Licensed Software.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying or returning to Albus Bit all copies of the Licensed Software in your possession. Albus Bit may terminate this Agreement for any reason, including but not limited to your breach of any of the terms of this Agreement. Upon termination, you shall destroy or return to Albus Bit all copies of the Licensed Software and certify in writing that all known copies have been destroyed. All provisions relating to confidentiality, proprietary rights, non-disclosure, and limitation of liability shall survive the termination of this Agreement.
This Agreement sets forth Albus Bit's entire obligation and End User’s exclusive rights with respect to the Software and, except to the extent otherwise specifically provided in a purchase order or other written communication or advertising signed or jointly issued by both parties with respect to the Software, supersedes any conflicting terms of any purchase order and any other communication or advertising with respect to the Software. No failure of either party to exercise or enforce any of its rights under this EULA will act as a waiver of those rights. If any provision of this EULA is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this EULA will not be affected. This EULA will be governed by the laws of the Republic of Latvia, without regard to its choice of law principles. You agree that exclusive jurisdiction for any claim or dispute arising out of or in connection with this EULA resides in the Courts of the Republic of Latvia. This Agreement and the underlying licenses may not be assigned without completely removing the software installation from the assignor, notifying and providing Albus Bit with the assignee contact information (for support purposes), and is subject to the assignee agreeing to and complying with the terms and conditions of this Agreement and the Licensing Policy.