This agreement expresses the terms and
conditions on which you may use this software program and associated
documentation that Betamakers is furnishing or making available
to you with this agreement. Please review the following terms
and conditions of this license agreement carefully before installing
or using the software.
By viewing the license
details in the Customer System, installing, copying or otherwise
using the software, you and/or your company is accepting and
agreeing with the terms of this license agreement. If you are
not willing to be bound by this agreement, do not view the license
details in the Customer System, install or use the software.
Various copyrights and other intellectual property rights protect
the software. This agreement is a license agreement that gives
you limited rights to use the software and not an agreement
for sale or for transfer of title. The author retains all rights
not expressly granted by this agreement. The author forbids,
under any circumstances, the unauthorized reproduction of the
software or use of illegally obtained software. Making illegal
copies of the software is prohibited. Individuals who violate
copyright law and software licensing agreements may be subject
to criminal or civil action by the owner of the copyright.
Pursuant to this License Agreement Betamakers grants you ("licensee"),
a non-exclusive, perpetual (under the terms of the specific
license type purchased) license to use the licensed program
("the software") provided that such use does not violate the
terms of this Agreement. Betamakers reserves the right to terminate
this agreement and hence the software license at any time.
Licensee may download, install, setup and use the software on
one licensed hostname/IP address. Any person or entity who obtains
or uses a copy of the software under or through this agreement
agrees to be bound thereby. The Software is licensed only to
the Licensee. Licensee may not rent, lease, sub-license, sell,
assign, pledge, transfer or otherwise dispose of the Software
in any form, on a temporary or permanent basis, without the
prior written consent of Betamakers.
The Software may not be used for anything that would represent
or is associated with an Intellectual Property violation, including,
but not limited to, engaging in any activity that infringes
or misappropriates the intellectual property rights of others,
including copyrights, trademarks, service marks, trade secrets,
software piracy, and patents held by individuals, corporations,
or other entities.
The software and related user documentation are protected under
International copyright laws. All rights, title, and interest
in and to the software, including associated intellectual property
rights, are and shall remain with Betamakers. This agreement
does not convey to the licensee an interest in or to the software,
but only a limited right to use the software, revocable in accordance
with the terms of this agreement.
Unless otherwise agreed in writing, each purchased license is
valid for one domain/hostname/IP address which is set during
installation or first access of the product. Only one active
installation is permitted per license and additional licenses
must be purchased for use on additional domain names/hostnames/IP
addresses. Installation onto a local and/or private system for
testing, training or development is permitted so long as it
is not used publicly.
Licensee may not use, copy, modify, or distribute the software
or software license (electronically or otherwise), or any copy,
adaptation, transcription, or merged portion thereof, except
as expressly authorized by this agreement (see Modification
below) or through prior, written consent. Licensee may not alter,
remove, or make less visible, in any way, the copyright notice
embedded in the software, including but not limited to, HTML
generated pages and the source code files unless approved in
writing or by purchasing the relevant service to allow removal.
Distribution of the software from any location other than an
official Betamakers site or an authorized mirror, in modified
or non-modified form, is strictly prohibited and in violation
of this agreement unless through prior, written permission.
You are granted permission to make modifications to the software
for your own use or the use of others, under the following conditions:
- All ownership rights of original source code are retained
- All ownership rights of modified source code are retained
by the author of the modifications.
- Should you provide Betamakers with your modifications
i.e. whether via Email or Forums etc.
- Betamakers reserve the right to redistribute the modifications
and/or implement the modifications into the original product.
- You do not modify or make less visible, in any way,
the copyright notice as noted in the Restrictions section
of this license agreement.
- You may only distribute modified files in complete form
so long as modifications released do not alter, remove,
or make less visible, in any way, the copyright notice embedded
in the software, including but not limited to, HTML generated
pages and the source code files or break any of the terms
set out in this agreement.
The software is being provided AS IS and Betamakers makes no
warranty as to its use or performance. Betamakers and its associates
do not and cannot warrant the performance or results licensee
may obtain by using the software. Betamakers and its associates
make no warranties, express or implied, as to non-infringement
of third-party rights, merchantability, or fitness for any particular
purpose. In no event will Betamakers or its associates be liable
to licensee for any consequential, incidental, or special damages,
including any lost profits or lost savings, even if an Betamakers
representative has been advised of the possibility of such damages,
or for any claim by any third party.
We endeavor to make all the information on our websites, and
especially that relating to our products, as accurate as possible.
However, Betamakers does not warrant that product descriptions
or other content of this site is accurate, complete, reliable,
current, or error free.
Some jurisdictions do not allow the exclusion or limitation
of incidental, consequential, or special damages, or the exclusion
of implied warranties or limitations on how long an implied
warranty may last, so that all or some of the above limitations
may not apply to all licensees.
Limitation of Liability
Neither party shall be liable for any indirect, incidental,
special, punitive, or consequential damages, or any loss of
profits, revenue, data, or data use. Our maximum liability for
any damages whether in contract or tort will not exceed the
fees which you have paid to us or are payable to us for this
order, and if such damages result from your use of the software
or technical support, the liability shall be limited to the
fees paid or payable for the software or technical support.
If you use this site and relevant services/products, you are
responsible for maintaining the confidentiality of your account
and password and you agree to accept responsibility for all
activities that occur under your account or password. Betamakers
reserves the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in their sole discretion.
Terms and Termination
This agreement is effective upon licensee's execution of this
agreement, and shall continue until terminated. You may terminate
it at any other time by deleting the software together with
all copies, modifications and merged portions in any form. It
will also terminate upon conditions set forth elsewhere in this
agreement or if you fail to comply with any term or condition
of this agreement. This includes the cancellation of payment
if required for the software (for example in the case of leased
licenses). You agree upon such termination to delete the software
together with all copies, modifications and merged portions
in any form.
Betamakers may terminate this agreement at any time for any
reason. Upon such termination by Betamakers, licensee agrees
to destroy all copies or portions of the software under its
You may not sell, sublicense, assign or transfer the license
or the software except as expressly provided in this agreement.
Any attempt to otherwise sublicense, assign or transfer any
of the rights, duties or obligations hereunder is null and void.
If any provision of this agreement is declared void or unenforceable
by any judicial authority, this shall not nullify the remaining
provisions of the agreement which shall remain in full force
and effect. This agreement is governed by laws of the United
States. Any dispute arising out or in connection with this agreement
including any question regarding its existence, validity or
termination, shall be referred to and finally resolved by arbitration
under United States law.
Betamakers has the right to change this agreement at any time.
Any changes will be posted here on the company website and it
is your responsibility to check for changes.
Last Updated: Sunday, 1 September, 2013