Terms of Service
Beepify END USER SOFTWARE LICENSE AGREEMENT
IMPORTANT: YOU SHOULD CAREFULLY READ THIS LEGAL AGREEMENT BEFORE INSTALLING THIS PACKAGE. BY INSTALLING Beepify, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE THAT YOU WILL BE LEGALLY BOUND BY THEM. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU, DO NOT CONTINUE TO INSTALL THIS SOFTWARE.
Customer is identified on Order Form, which is filled out by Customer when purchasing Beepify products. Order Form can be a written form or electronic form. By signing written Order Form or electronically submitting the Order Form, Customer represents and warrants that Customer has read, understands and agrees to be bound by the terms of this Agreement.
Beepify LICENSE TERMS
1.SOFTWARE LICENSE GRANT
Subject to the terms and conditions of this Agreement, upon payment of all license fees owed for the Software, Beepify grants and Customer accepts a nonexclusive, nontransferable, non-assignable (unless such prohibition is otherwise prohibited by local law), limited license to use the Software solely in accordance with the terms and conditions of this Agreement.
2.1. LICENSE FOR BEEPIFY (ANNUAL FEE, SUBSCRIPTION-BASED)
Beepify license is subscription-based, that is, annual license fee is paid by Customer to Beepify for such license.
Beepify license allows Customer to use Beepify on up to 1 computers and mobile devices.
If Customer uses several Beepify accounts then Customer shall acquire number of Beepify licenses equal to number of Beepify accounts the Customer uses and stay current on Annual payments for each account.
2.5. Free Trials.
Beepify may provide free or trial versions of Beepify software to Customer, at Beepify's discretion. Beepify reserves the right, in its sole and absolute discretion, to restrict, limit or terminate the use of free or trial versions of any of the Beepify Products by any individual, entity or group of entities. Customer's right and license to access, use, execute, and deploy any free or trial versions of Beepify Products are not guaranteed for any period of time.
3. COMMON PROVISIONS FOR ALL Beepify LICENSES
COPYRIGHT/OWNERSHIP OF PROGRAM: Beepify is the proprietary product of Beepify and its licensors and it is protected by copyright, trade secret and other intellectual property laws.
Customer acquires only the right to use Beepify and does not acquire any rights, express or implied, in Beepify or media containing Beepify other than those specified in this License.
Beepify, or its licensor, shall at all times retain all rights, title, interest, including intellectual property rights, in Beepify and media.
TRADEMARKS: Beepify (R) is pending registered trademark owned by Beepify. Any unauthorized use of this trademark and/or trade names or any other intellectual property owned by Beepify or its licensors is prohibited.
NO MODIFICATION OR REVERSE ENGINEERING: Customer shall not remove any product identification, copyright notices, or other notices or proprietary restrictions from Beepify.
Customer shall not cause or permit reverse engineering, disassembly, or decompilation of Beepify.
MULTIPLE OSes on ONE COMPUTER: If a computer has more than one copy of Operating System installed on it (including Virtual Machines) then each instance of Operating System shall be considered to be a separate computer for purposes of this License Agreement.
UPGRADES: Minor fixes and upgrades shall be provided to Customer for no additional fee if Customer acquired Beepify license. Minor release is defined as releases whose Major version number (first number in version string) is the same as Major version number of Beepify license at time of purchase.
Upgrade to Major releases of Beepify shall require payment. Major release is defined as a release where Major version number is not the same as Major version number of the version that Customer originally acquired.
Example: Customer bought Beepify license for ver 7.9.25. She may update for free to versions 7.9.27, up to 7.9.99. But upgrading to ver 8.30 and higher will require payment. <
Both Minor and Major updates are included in Subscription-based Licenses (Beepify) for no additional fee, as long as Customer remains current on payments for said Licenses.
SUPPORT: Beepify shall provide online support to Customers who are current on their Annual Subscription payments for Subscription-Based licenses. Support shall be provided by Customer filing a ticket with Beepify Online Support system at Beepify.kayako.com and proving additional information and logs, as requested by Beepify support representative. Bug fixes are not guaranteed but Beepify shall make reasonable to fix defects that are fixable. In any case, the only recourse available to Customer who is not satisfied with Beepify support shall be not renewing Subscription.
Customers who use acquired licenses that require no annual payments shall not be entitled to Support, but Beepify may provide support to such Customers at its own discretion.
AUTOMATIC RENEWAL: Customer who acquired Subscription-based licenses (Beepify) hereby agrees that once Annual Subscription Fee is due, Beepify shall charge it automatically to Customer's credit card that was stored by Beepify in its database from the original purchase. Annual Subscription Fee is charged at the beginning of the annual term for which it is paid.
Annual Subscription Fee is charged at the beginning of the annual term for which it is paid.
Customer is allowed to terminate Annual Subscription at any time. Such termination shall result in termination of Beepify license for all computers and mobile devices of Customer.
If termination has occurred 30 days or less since the last renewal date then the full refund of unused year shall be issued. If termination has occurred after 30 days since the last renewal then no money shall be refunded, but Beepify shall not charge the customer's credit card on the next renewal cycle.
AUTOMATIC TERMINATION FOR NON-PAYMENT: If Annual Subscription fee is not paid on time or if payment of Annual Subscription fee is reversed by any means (including void, refund, chargeback) then License becomes null and void and in addition to that Beepify has a right to delete all Customer's data from Beepify servers, if Customer's account remains unpaid for more than 30 days.
Personal data of Customers that purchase Beepify licenses is stored on Beepify servers in the data center located in USA.
Beepify recognizes the GDPR and is fully compliant with its requirements. Please view our GDPR compliance page for more details: https://Beepify.com/gdpr
The data stored consists of data that customers or their agents enter into the Beepify license purchase web page and data collected from Customer's computers by License Activation and Monitoring.
Customer hereby allows Beepify to store such data on Beepify's servers. This data shall be used for purchase, refund and chargeback tracking, activation and reactivation of Beepify licenses, and other customer service purposes.
Personal data stored on Beepify servers shall not be sent to other companies or individuals, except for cases when sending of such data is required by Beepify business processes or for enforcement of this License Agreement and recipient of data is not expected to divulge or misuse received data. For instance, credit card purchases require sending personal Customer data and his credit card data to Credit Card processor and such data sharing shall be allowed under this clause.
Customer allows Beepify to send infrequent product update newsletters and promotional offers to the e-mail and postal addresses stored by Beepify, but Customer shall have an option to unsubscribe from such email newsletters and offers.
Customer also allows Beepify to present infrequent offers of Beepify and 3rd party software on post-update web page that is shown when user installs new version of Beepify.
ONLINE LICENSE ACTIVATION AND MONITORING: Customer hereby agrees to Online License Activation and Monitoring process for all Beepify licenses. In this process Beepify checks the validity of Customer's Beepify license by contacting the Beepify server at *.Beepify.com via the Internet and sending data that uniquely identifies Customer's computer. Customer also agrees that Online Activation and Monitoring will be used to enforce provisions of this Agreement.
TRANSMISSION OF DATA IN AUTOUPDATE: Beepify checks Beepify Systems server www.Beepify.com for its new versions approximately once a day. If it finds a version that is newer than the version that you have, Beepify will offer you to upgrade. The checking of new version results in various data related to computer and license to be transmitted to Beepify server and maybe stored on this server. Customer hereby allows such transmissions to occur.
Beepify Web Site utilizes Google Analytics features, including Remarketing with Google Analytics, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting and Customer consents to this.
TERMINATION: This License is effective until terminated. Customer may terminate this Agreement at any time by uninstalling Beepify and deleting all its files. This License will terminate immediately without notice from Beepify if Customer fails to comply with any provision of this License agreement. Upon termination or expiration of this License you must uninstall Beepify and delete all its files.
License shall automatically terminate when Customer receives a refund of license fee or payment for license is reversed by Credit Card or Bank or any payment processor operating on behalf of Customer.
UNINSTALL INSTRUCTIONS: Customer may uninstall all Beepify distributions at any time by going to Control Panel, clicking Add/Remove Software selecting Beepify and clicking the Remove button. Beepify may be uninstalled at any time by deleting all files in Beepify and My Beepify Data folders from the Portable Disk.
NO WARRANTIES OF ANY KIND: Beepify IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEEPIFY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN BEEPIFY WILL MEET YOUR REQUIREMENTS OR OPERATE IN AN ENVIRONMENT CREATED BY YOU OR THAT THE OPERATION OF BEEPIFY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT BEEPIFY ERRORS WILL BE CORRECTED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF BEEPIFY IS WITH YOU.
LIMITATION OF LIABILITY: NEITHER BEEPIFY SYSTEMS NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY BEEPIFY INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, REVENUE, DATA, INCURRED BY CUSTOMER OR ANY THIRD PARTY, EVEN IF SIBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXPORT LAW ASSURANCE: Customer shall comply fully with all laws and regulations of the United States and other countries (Export Laws) to assure that neither Beepify, nor any direct products thereof are Exported, directly or indirectly, in violation of Export Laws, or are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. If Beepify has been rightfully obtained by you outside of the United States, you agree that you will not re-export Beepify nor any other technical data received, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained Beepify.
JURISDICTION AND DISPUTES: This Agreement shall be governed by the laws of Commonwealth of Quebec. All disputes hereunder shall be resolved in the applicable state or federal courts of Quebec. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
In any litigation arising out of this Agreement or related to use or function of Beepify shall be entitled to all legal costs and attorney's fees incurred in mediation, arbitration, suit and on appeal.
SEVERABILITY: If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect.
COMPLETE AGREEMENT: This License constitutes the entire agreement between the parties with respect to the use of Beepify and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Beepify Systems.
CUSTOMER HEREBY ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.