Branta End User License Agreement
Last Updated: December 6, 2023.
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (THE “LICENSEE” OR “YOU”) AND THE LICENSOR – BRANTA SOFTWARE LIMITED (“BRANTA” OR “WE“). USE OF THE SOFTWARE, CONTENT, AND SERVICES PROVIDED UNDER THE TERMS OF THIS EULA (THE “SOFTWARE”) CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL AND/OR USE THIS SOFTWARE. BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
The types of licenses provided with the Software are listed below. Only one license type can be applied to each Licensee. If you need to determine your license type, please visit our Support Center.
1. LICENSE GRANT
PERSONAL LICENSE. Unless otherwise provided for in your purchase order, this type of license permits software operation on one individual user account or one computer, workstation, or another digital electronic device that conforms to the system requirements of the Software as specified in the documentation. Therefore, the Software is licensed on a per computer basis, not per user, per site, or per company. For example, if a person uses 2 computers, to install and use the Software on each computer, the person must purchase 2 licenses. Except for the Free License, for the rights granted to the Licensee, the Licensee is bound to pay to Branta the applicable license fee. In accordance with the terms of this EULA, Branta grants you a limited, worldwide, non-exclusive, non-transferable right to use the Software. As part of the personal license, “use” means storing, loading, installing, executing, or displaying the Software exclusively for personal purposes, without rights of commercial replication and/or distribution either in full or as part of the derived software to any third parties. You may not modify the Software or disable any licensing or control features of the Software except as an intended part of the Software programming features. Unless otherwise provided for in your purchase order or unless terminated as described herein, the given EULA remains effective in perpetuity and in consideration of appropriate restrictions in accordance with applicable laws and regulations.
BUSINESS LICENSE. This type of license is intended for use by a company or another commercial entity and conveys the rights to install and use the Software for internal corporate, commercial, or business purposes (including internal business purposes such as the preparation of presentations or reports, creation of advertising or marketing materials, preparation or promotion of your products or services and similar internal business purposes).
Except for the Free License, for the rights granted to the Licensee, the Licensee is bound to pay to Branta the applicable license fee. This license is limited, non-exclusive, and is not transferable to any other organization or affiliate and, unless otherwise provided, permits software operation on a single computer. Unless otherwise provided for in your purchase order or unless terminated as described herein, the given EULA remains effective perpetually in consideration of appropriate restrictions in accordance with applicable laws and regulations.
2. FREE (TRIAL) VERSION
You may be granted the use of an evaluation copy of the Software free of charge for a finite period of time (“Free License” or “Free Copy”). Certain features and/or functionality in the Software may be locked or unavailable in the Free Copy. In order to benefit from all features and functionality of the Software, you must purchase a valid license activation key.
To use the Free Copy, you may also be required to create an account.
3. COMMERCIAL USE. EDUCATIONAL, NONPROFIT, AND GOVERNMENTAL LICENSE
Versions of the Software intended for private use (personal license) as well as trial versions may not be used for commercial purposes.
EDUCATIONAL ORGANIZATIONS: Branta may provide special pricing for educational organizations, for educational purposes only and not for commercial purposes. For this reason, users of this license should be employees or representatives of educational organizations or should be a student or a learner at any educational institution.
NONPROFIT AND GOVERNMENTAL ORGANIZATIONS: Branta May provide government and nonprofit organizations license offerings for eligible organizations, which provide special pricing and terms for noncommercial Software usage.
These offerings have specific eligibility guidelines, and your organization must sign up for membership to qualify. Please contact us at [email protected] to apply.
4. SUBSCRIPTION TERMS
When you purchase a Software license on a subscription basis, you acknowledge and agree that you are authorizing recurring payments to be made to Branta, and those payments shall be made by the method you have chosen at the recurring intervals chosen by you until the subscription is terminated by you or by Branta in accordance with this EULA. You will receive notice prior to each payment date, and, unless you terminate your subscription, it will be automatically renewed. Branta will automatically charge you the then-current rate for your subscription plan, plus applicable taxes, for every billing period of your purchase order.
If your account has insufficient funds on the date the payment is due, your subscription will be canceled on the next day after the last day of the previous paid period.
Subscription fees are generally billed or charged in advance of the applicable subscription period. If a debit attempt is unsuccessful, we will make another attempt on the subscription expiration date and may make such attempts again within seven (7) calendar days of the expiration date. If any of these attempts are successful, your subscription will be renewed for a new term. The new subscription period will be calculated from the next day after the end date of the previous paid period.
Branta may change your plan’s rate or payment terms of your subscription each renewal term, and we will notify you of any change in advance and provide an option to cancel.
You should routinely check the information about the pre-paid license period or pre-paid access to the online services period, the prices, and other terms and conditions, as well as the current EULA and other documents related to Branta Software and services amendments.
5. REFUND
License fees are non-refundable.
6. USER ACCOUNT
To use the Software, you will be required to create a user account. This user account stores information about the products you have purchased, the subscription terms, your software activation codes, and other information about the products.
In registering your user account, you are responsible for the completeness and accuracy of the information provided therein. You are also solely responsible for all activities that occur under your account, including liability for losses incurred by Branta or third parties as a result of using your account, regardless of whether the account was used with your knowledge.
In the event of unauthorized use of your account, you agree to notify Branta immediately.
You may not use someone else's user account.
You have the right to delete your user account at any time, but in doing so you will lose access to the Software, which requires a user account to be used. You are given 30 calendar days during which time you may change your decision. After 30 calendar days, all information in your user account will be permanently deleted.
7. BUSINESS ADMINISTRATORS
If you are using the Software activation key that is provided to you by an organization, including but not limited to a business or any other commercial entity, educational organization, non-profit organization, or governmental organization (each, a “Business”), or if you were invited to use the Software by a Business, you acknowledge and agree that we may provide such Business with the ability to administer your Software activations and deactivations, and you acknowledge that Branta may provide to such Business administrators your email, Software activation information, Software use status (last use date) and operating system information. If you are a Business, you represent and warrant that you ensured the acceptance of the Terms of Use and EULA by the users invited by you to use the Software and that you received all consents required by applicable law in case you provide us with any data related to such users.
8. OWNERSHIP
The Software is owned and copyrighted by Branta. Your license confers no title or ownership in the Software and should not be construed as a sale of any right in the Software. Branta reserves all rights not expressly granted in this EULA.
9. COPYRIGHT
The Software and all rights, without limitation, including proprietary rights therein, are owned by Branta or its suppliers and are protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties. The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Branta and you will not acquire any rights to the Software except as expressly set forth in this license. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software.
10. RESTRICTIONS
You may not, directly or indirectly: (a) attempt to reverse compile, modify, translate, or disassemble the Software in whole or in part; (b) interfere or attempt to interfere with or disrupt the integrity, security, functionality, or performance of the Software or its components; (c) hack or otherwise attempt to gain unauthorized access to the Software; (d) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Software or any portion thereof available to any third party; (e) transmit through the Software any material that may infringe, misappropriate, or violate the rights of third parties; or (f) use the Software for any purpose or in any manner that is unlawful or is prohibited by this agreement.
11. NO OTHER WARRANTIES
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BRANTA DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
BRANTA OFFERS NO WARRANTY OF ANY THIRD-PARTY CONTENT, IF THE SOFTWARE CONTAINS SUCH CONTENT. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD-PARTY CONTENT. The Software automatically references, displays, links to, and provides web services related to sites and information located worldwide on the Internet. Because Branta has no control over such sites and information, Branta makes no guarantees as to such sites and information, including, but not limited to: (a) the accuracy, availability, sequence, completeness, currency, content, validity, or quality of any such sites and information or (b) whether they may contain unintended or objectionable content. By using the Software, you acknowledge that Branta makes no representations or warranties with regard to any sites or information displayed by or accessed through the Software.
The Software may contain advertising information from Branta or its partners.
12. THIRD-PARTY ACKNOWLEDGMENTS
Portions of the Software may utilize or include third-party software and other copyrighted material. The use of such material is governed by their respective terms. Certain software libraries and other third-party software included with the Software are free software and licensed under the terms of the GNU Library Lesser General Public License (LGPL). The LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS OF PURPOSE.
13. YOUR INFORMATION AND BRANTA'S PRIVACY POLICY
Branta may collect certain data and information from you in connection with your use of the Software and otherwise in connection with this EULA. All such data and information will be collected and used by Branta in accordance with the Branta Privacy Policy, which you acknowledge.
14. BRANTA SUPPORT CENTER
We are available to help you in any way we can to make your Software experience the best. Should you need assistance or if you are unable to find an answer to your question, please feel free to contact our Support Team at [email protected]
To respond to your queries, Branta may from time to time ask you to provide information on your user data and experience, which will be used to assess Software usability and thereby improve and enhance our products and services. The primary purpose of collecting personal and other user information in these cases is to provide you with secure, smooth, efficient, and customized maintenance services. For example, Branta may collect and use personal data related to you, as permitted or necessary to: provide technical support, customer support, and troubleshoot problems; inform you about service updates and issues; verify your identity; protect your and Branta’s interests. Such data may include the following information: your full name (company name), email address, and phone number. Additionally, our Support Team may request the special log files that include program error messages, the version of the Branta program in question and its activation status, and the technical specifications of your computer. This information is required to provide the necessary technical support and continue our research and development process.
Branta uses this information in strict compliance with the relevant Privacy Policy.
15. CONTENT
You agree and acknowledge that any information, data, text, photos, videos, or other materials (hereinafter referred to as the “Content”), whether publicly or privately provided to Branta in utilization of Branta software, services, or support (such as for the purposes of Branta providing support services to you), shall be the sole responsibility of the person from whom such Content has been obtained. This means that you shall be solely responsible for all Content uploaded, posted, provided, or otherwise transmitted by you via the Branta websites or products and file-sharing or file-hosting services and for the validity, legitimacy, completeness, applicability, and copyright compliance of that Content. Branta shall not control any user Content. By posting, uploading, providing, or otherwise transmitting your Content to or through Branta websites or products, you grant Branta a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, archive, copy, modify, cache, encode, reproduce, distribute, transmit, synchronize, display, create derivative works from, and publicly perform such Content in connection with the performance of this EULA.
16. UPGRADE AND UPDATE
“Software Upgrade” (also known as a “Major Upgrade”) is a newer or improved version of the Software that offers a significant change or major improvement over your current version. Some of these versions may be provided as a component of your license subscription while others may be provided for an additional charge.
“Software Update” (also known as a “Minor Update”) is a download of the Software that provides fixes for discovered bugs and malfunctions and/or provides minor software improvements. These versions are provided by Branta within the period a particular version of the Software is being developed.
Branta does not guarantee the provision of updates for versions of the Software developed earlier and does not guarantee the operability and compatibility of the earlier purchased Software on devices, operating systems, and browsers that were released after the purchase of the Software. However, Branta will continue to provide technical support (consultations and other help) in relation to the earlier purchased programs in accordance with the original system requirements, up to a point where selected versions reach end-of-life as determined and published by Branta.
Before using any Upgrade or Update to earlier purchased Software, you shall ensure that the upgraded or updated Software can be used on a particular device in accordance with the system requirements of the upgraded or updated program.
Any Upgrades or Updates are provided by Branta at its sole discretion without liabilities of any kind.
17. SEVERABILITY
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
18. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL BRANTA, ITS AFFILIATES, OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF BRANTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BRANTA's LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
19. INDEMNIFICATION
You will indemnify, defend, and hold Branta, its affiliates, directors, officers, and employees harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against Branta (and Branta's directors, officers, employees, and affiliates) by a third party to the extent that such Action is based upon or arises out of (a) the use of the Сontent or data you provided to Branta; (b) your noncompliance with or breach of this agreement; (c) your use of the Software; or (d) your violation of applicable law or any third-party right, including, without limitation, any privacy, intellectual property, or another proprietary right. This indemnification obligation will survive termination of this agreement. You may in no event enter into any settlement or like agreement with a third party that affects Branta’s rights or binds Branta in any way, without the prior written consent of Branta. Branta reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Branta in asserting any available defenses.
20. TERMINATION
20.1. Without prejudice to any of its rights, Branta may at any time terminate this EULA of its own accord, including, but not limited to, if it is obligated to do so in accordance with applicable law, the requirement of a government body or another authorized person or if Branta decides to terminate the provision of the Software in your area.
20.2. If Branta terminates this EULA of its own accord, it will use reasonable efforts to notify you through your personal account or via the email address you provided no later than 30 calendar days prior to the termination date.
If we are able, we may also offer to replace your Software with other products with similar functionality provided by Branta, if such products are available.
If it is not possible to allow you to complete any prepaid period of use, we will arrange a refund in accordance with our Refund Policy.
The above statements regarding notification, replacement, and refund do not apply to the (i) Software provided by Branta free of charge; and (ii) termination of this EULA and/or your use of the Software subject to your non-compliance with the terms of this EULA.
20.3. If you fail, or Branta suspects that you have failed, to comply with any of the provisions of this EULA, Branta may, without notice to you: (i) terminate this EULA without any replacement or refund, and you will remain liable for all amounts due to Branta up to and including the date of termination; and/or (ii) terminate your license to the Software (including, without limitation, deactivate your Software license key); and/or (iii) preclude your access to Branta products and/or services.
20.4. You may stop using the Software at any time for any reason upon written notice to Branta. Except as otherwise set forth in the Refund Policy, termination does not entitle you to a refund of any prepaid or unused fees and you agree to promptly pay all unpaid fees due through the end of the applicable license period.
20.5. Upon any termination of this EULA for any reason, all provisions regarding indemnification, liability, and limits thereon, and any provisions which expressly or by their nature are required to survive such termination in order to achieve their purpose, shall so survive until it shall no longer be necessary for them to survive in order to achieve their purpose.
21. GENERAL PROVISION
21.1. This is the entire agreement between you and Branta, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this EULA. If any part of this EULA is found to be void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms.
21.2. If you have ordered the Software through Branta's authorized partner or reseller, you acknowledge and agree that: (i) the terms of this EULA shall apply to the exclusion of all other varying terms and conditions of the relevant partner or reseller; (ii) any refund requests should be directed to the relevant partner or reseller and, in case of your eligibility to receive a refund, that partner or reseller will be solely responsible for refunding the appropriate amounts to you; (iii) Branta's partners and resellers are not authorized to make any promises or commitments on Branta's behalf, and Branta is not bound by any obligations to you other than as set forth in this EULA.
21.3. Branta shall not be liable for failure or delay of performance of its obligations resulting from any condition beyond Branta's reasonable control, including but not limited to, a strike, blockade, governmental action, war, act of terrorism, riot, natural disaster, or failure or diminishment of power or telecommunications or data networks or services.
21.4. Branta may provide translations of the EULA or other Branta terms or policies. Translations are provided for informational purposes and if there is an inconsistency or conflict between a translation and the English version, the English version will control.
21.5. Branta reserves the right to make amendments to this EULA. These amendments will take effect immediately after they are posted on the Branta website. Branta also has the right to upgrade, update, modify, and/or discontinue the Software (including any part or function thereof) at any time at its sole discretion. If we discontinue the Software in its entirety, we will use reasonable efforts to notify you in accordance with clause 21.2, and, according to your written request, we may check your eligibility to receive a refund, per our Refund Policy, and may provide you with a pro rata refund for any unused fees for the Software that you prepaid.
21.6. This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed exclusively in accordance with the laws of the State of Wyoming, USA.
Read more: https://www.Branta.pro/eula-general.html © Branta.pro
