End-user license agreement for livetraker®
Important-read carefully: this end-user license agreement (“eula”) is a legally binding license agreement between the entity or organization you represent, or if you do not designate an entity or an organization in connection with a license purchase, you in your individual capacity on behalf of yourself (“you” or “your”) and bizroudllc for the livetraker software identified above and as further defined in this eula.
By paying the license(s) or subscription fee for the software without requesting a refund of such fee (in accordance with bizroundllc’s return and cancellation policies and procedures and/or the applicable return and cancellation policies of bizroundllc’s authorized resellers and distributors), or installing, copying, or otherwise using the software, such acts indicate your acceptance of this eula and your agreement to be bound by the terms and conditions of this eula. If you do not desire to accept this eula or agree to the terms of this eula, return the unused software to the place from which you obtained it for a full refund of the license or subscription fee.
The software is protected by u.S. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Bizroundllc and/or its suppliers or licensors, are and shall remain the owners of all intellectual property rights in the software. The software is licensed to you on a non-exclusive, non-assignable, non-transferable, limited, personal basis, not sold.
As indicated above, if you do not desire to accept this eula or agree to the terms of this eula, please see bizroundllc’s return and cancellation policies and procedures and/or the applicable return and cancellation policies of bizroundllc’s authorized resellers and distributors.
You acknowledge and agree: (a) that you are not an owner of the software or any copies of the software; (B) that you are a mere licensee of the software and any copies of the software without any right to further transfer or distribute the software or any copies of the software or provide access to the software in any manner without bizroundllc’s prior written consent; (C) not to challenge the enforceability or validity of this eula; And (d) not to initiate any proceedings inconsistent with the terms and conditions of this eula.
The software includes technology designed to prevent unauthorized use and copying, and technology to help you manage licenses or subscriptions. Such technology may prevent your use of the software if you do not follow the validation, installation, and/or license or subscription management process described in the software and documentation or the applicable authorized bizroundllc reseller or distributor documentation. Visit livetraker.Com helpdesk for information about validation and license management or visit the website of bizroundllc’s authorized resellers or distributors.
If you purchased access to the software on a subscription basis, your subscription to use or access the software may automatically renew under your subscription order. Your subscription will continue for the length of the initial subscription license term you selected and at the end of your prepaid subscription, it will automatically renew for additional prepaid periods of the same length unless you choose to cancel prior to that renewal, by calling your applicable reseller, distributor, or bizroundllc. Your account may be automatically charged (or you will be billed, as applicable) at the rates/list price in effect at the time of renewal. Because the software subscription may be pre-paid, changes made to your subscription (including cancellations) may not take effect until the end of your current billing period.
Ongoing access to a subscription to the software, if applicable, requires: (a) a recurring internet connection to activate, renew, and validate the subscription license, (b) your authorized reseller’s, distributor’s, or bizroundllc’s receipt of recurring subscription payments. If bizroundllc or its authorized resellers and distributors do not receive the recurring subscription payment, or cannot validate the subscribed license periodically, then the software may become inactive without additional notice until bizroundllc or its resellers and distributors receive the payment, or, the subscribed license is validated.
- “Computer” means a virtual or physical computer device that accepts information in digital or similar form and manipulates it for specific result based on a sequence of instructions.
- “Content” means any video, audio, data, music, still images, quizzes and any other output of the software and any video, audio, data, music, still images, quizzes or other input into the software.
- “Device” means a computer hardware system (whether physical or virtual) with a storage device or a mobile device capable of running the software. A hardware partition or blade is considered to be a device.
- “Internal network” means a private, proprietary network resource accessible only by employees and individual contractors (i.E., Temporary employees) of a specific corporation or similar business entity. Internal network does not include portions of the internet or any other network community open to the public, such as membership or subscription driven groups, associations and similar organizations.
- “Resellers and distributors” means a bizroundllc authorized partner, e-merchant or a portal, within which bizroundllc manages its software channel.
- “Software” means use of a copy of computer software identified above and associated media, library content and online services and a copy of the printed materials, and may include “online” or electronic documentation as well as licensed third party content. The software does not include source code.
- “Trial version” means a version of the software which may have limited features and is limited in terms of the length of time the software may be used and will cease operating after a predetermined amount of time (“the trial period”) due to an internal mechanism within the trial version. The software will notify you that the software is in trial mode, which may include, but would not be limited to, watermarking.
- “Your content” means the content resulting from your use of the software.
1. Grant of license and restrictions.
The following section applies to all versions of the software
1.1 general grant. If you obtained the software and any required software key(s) from bizroundllc or one of its authorized resellers or distributors and so long as you comply with the terms and conditions of this eula as a condition to the license granted herein, bizroundllc hereby grants you a non-exclusive, non-transferable, limited personal license to install and run one copy of the software in a manner consistent with its design, documentation, and your order. You may only use the software according to the license ordered by you and granted by bizroundllc. Bizroundllc offers several license types to meet the needs of its customers’ particular licenses that are offered for the software depending on the intended use of the software. Your order shall designate the specific application of the software which may include, a multi-user license, site license, enterprise license, or volume discount license, for example.
1.2 general use. Except as otherwise provided in this eula and so long as you comply with the terms and conditions of this eula as a condition to the license granted herein, you are licensed to install and run one copy of the software on one licensed device (the first licensed device) for use by one person at a time. Provided that you comply with all the terms and conditions of this eula and when required by the software, you present a valid, authorized, and activated software key, you may also install and run a second copy of the software on a second licensed device for use only by you for your internal business or individual use only, whichever is applicable. Only one person at a time may use the software on each licensed device and the two licensed devices may not be used simultaneously by that one person. The components of the software are licensed as a single unit, and you may not separate or virtualize the components and install them on different devices. By way of clarity, if this license has been entered into by an entity or organization, the copies of the software licensed hereunder may only be used for the internal business purposes of the licensee entity or organization.
1.3 restrictions on secondary use by multi-user licensees. If the software was obtained under a bizroundllc multi-user license program by any licensee, the second copy of the software made under section 1.2 must be used solely for the benefit and business of that multi user licensee.
1.8 backup copy. So long as you comply with the terms and conditions of this eula as a condition to the license granted herein, you are licensed to make a reasonable number of backup copies of the software, provided, your backup copies are not installed or used for other than archival purposes.
2. Description of other rights and limitations.
Bizroundllc’s grant to you of a non-exclusive, nontransferable, limited personal license to install and use the software in a manner consistent with its design, documentation, and your order, is further conditioned upon your compliance with all of the following conditions:
2.1 limitations on reverse engineering, de-compilation, and disassembly. You may not reverse engineer, decompile, translate, localize or disassemble the software.
2.2 separation of components. The software is licensed as a single product. Its component parts may not be separated for use on more than one computer. You may not unbundle or repackage the software for distribution.
2.3 no rental. You may not rent, license, assign, transfer, time share, host, lend, sublicense, distribute, or lease the software, or any access code or any licenses associated with the same for any purpose, except as otherwise expressly provided in this eula.
2.4 no software license transfers.
2.4.1 you may not transfer this license under any circumstances without bizroundllc’s prior written consent/approval, any such consented to or approved transferee must acknowledge, accept and agree in writing to be bound by the terms and conditions of this eula.
2.4.2 you may not transfer licenses on a short term basis or transfer temporary rights to use the software without bizroundllc’s prior written consent/approval.
2.4.3 the software and any copies of the software key or key codes related to the software and bizroundllc’s trademarks may not be copied, reproduced, distributed, used, posted, modified, adapted, prepare derivatives of or displayed in any form or manner on any online auction sites or any other site or material of any kind without the express prior written permission of bizroundllc.
Any transfer or posting made in violation of the requirements, conditions, or restrictions of this section will be void and may result in termination of this eula.
2.5 term and termination. The term of this eula granted to you for the use of the software is for 1 year, renewable automatically, but without prejudice to any other rights, bizroundllc may terminate this eula, if you fail to comply with any of the terms and conditions of this eula, which includes, but would not be limited to, your unauthorized reproduction, copying, distribution, modification, adaptation or the making of a derivative of or display of the software or any of the key codes associated with the same. In such event, upon such termination you must destroy all copies of the software and any key codes associated with the same and all of its component parts and you must provide bizroundllc in writing your certification as to the same.
2.6 trial version. This section 2.7 and its subparagraphs apply, in addition to the license granted in section 1 above, and solely if you have received a valid copy of a trial version of the software from bizroundllc or its resellers or distributors.
2.6.1 subject to the terms and conditions of this eula, bizroundllc grants to you a non-exclusive license to install a copy of the trial version on a single computer strictly for your internal evaluation and review purposes and not for production purposes.
2.6.2 you shall not: (a) in the aggregate install or use more than one copy of the trial version; (B) download the trial version under more than one username, if applicable; (C) alter the contents of a hard drive or computer system to enable the use of the trial version for an aggregate period in excess of the trial period for which you may evaluate the trial version;(D) disclose the results, if any, of the software performance benchmarks obtained using the trial version to any third party without bizroundllc’s prior written consent; Or (e) use the trial version for a purpose other than the sole purpose of determining whether to purchase a license to the software. Notwithstanding the foregoing, you are strictly prohibited from installing or using a copy of the trial version for any commercial training purposes.
2.6.3 your licensed rights to install and use a copy of the trial version under this section 2.6 will immediately terminate upon the earlier of: (a) the expiration of the trial period, or (b) such time that you purchase a license to the software. Bizroundllc reserves the right to terminate your license to a copy of the trial version at any time in its sole discretion. To the extent that any provision in this section 2.6 is in conflict with any other term or condition in this eula, this section 2.6 shall supersede such other terms and conditions with respect to the trial version only, but only to the extent necessary to resolve the conflict.
You acknowledge that the trial version may have limited features, function for a limited period of time, and/or have other limitations not present in a non-trial version of the software. Notwithstanding anything to the contrary in this eula, the trial version is provided to you on an “as is” basis, and bizroundllc disclaims any warranty or liability obligations to you of any kind.
3. Intellectual property rights.
This eula is for the licensed use and access to the software and not an agreement for sale. You acknowledge that irrespective of any use of the word, “subscription” “purchase”, “reseller”, or the like hereunder, no ownership rights are being conveyed to you under this eula or otherwise and you agree that all rights, title, and interests, including, but not limited to, all copyrights, trade secret rights, patent and trademark rights, whether foreign or domestic, in and to the software (including, but not limited to, any source or object code, images, photographs, animations, video, audio, music, text, and apps incorporated into the software), the accompanying printed materials, and any copies of the software, are owned by and shall remain the sole property of bizroundllc or its suppliers or licensors.
4. Injunctive relief.
The parties agree that if you utilize or otherwise use any of the software in an unauthorized manner, or breach the remaining terms and conditions of this eula, that such use or breach would have a devastating and serious impact on bizroundllc’s continuing ability to compete profitably and would, therefore, result in immediate and irreparable injury, loss or damage to bizroundllc. The parties agree that in such event, in addition to bizroundllc’s right to recover damages for a breach of this eula, bizroundllc shall be entitled to obtain a temporary restraining order or a preliminary injunction from a court of competent jurisdiction, without posting of bond or other security or proof of actual damages, to prevent you, your employees, agents, consultants, or independent contractors from engaging in any further use copying, reproduction, distribution, modification, adaptation, or making of derivative works or display of the software or the continued breach of the remaining terms and conditions of this eula .
6. Limited warranty.
Bizroundllc warrants (the “limited warranty”) that: (a) the software will be in good working order for a period of ninety (90) days from the date of receipt; And (b) any hardware accompanying the software, if any, will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the software and hardware, if any, are limited to ninety (90) days and one year, respectively.
8. Customer remedies.
Bizroundllc’s and its suppliers’ or licensor’s entire liability and your exclusive remedy shall be, at bizroundllc’s option, either: (a) return the license fee paid; Or (b) repair or replacement of the software or hardware that does not meet bizroundllc’s limited warranty and which is returned to bizroundllc with a copy of your receipt. This limited warranty is void if failure of the software or hardware has resulted from accident, abuse, or misapplication. Any replacement software or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the united states, neither these remedies nor any product support services offered by bizroundllc are available without proof of purchase from an authorized international source.
9. No other warranties.
Except for the limited warranty expressly set forth in section 7 above, to the maximum extent permitted by applicable law, bizroundllc and its suppliers, and licensors disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, of accuracy, quiet enjoyment, non-infringement of third party rights with regard to the software, content, or library content and any accompanying hardware.
10. No liability for consequential damages.
To the maximum extent permitted by applicable law, in no event shall bizroundllc or its suppliers, or licensors, be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software, content, or library content, even if bizroundllc has been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
As stated above, paying the license or subcription fee for the software without requesting a refund of such fee in accordance with bizroundllc’s return and cancellation policies and procedures and/or the applicable return and cancellation policies of bizroundllc’s authorized resellers and distributors, or installing, copying, or otherwise using the software, indicates your acceptance of this eula and your agreement to be bound by the terms and conditions of this eula as a licencee.
Bizroundllc and livetrakery are registered trademarks of bizroudllc in the united states and/or other countries. Windows is a trademark owned by microsoft corporation. Mac is a trademark owned by apple, inc. All other trademarks are the property of their respective owners.
If you do not agree to the foregoing terms and conditions, you do not have a right to download, install, access or use the licensed software.
Licenses are perpetual and never expire.
Licenses comes with a 1 year of free upgrades and Premium support.
Major upgrades (ie: from V3 to V4) are NOT included, but you will be able to access to new versionat a discounted price
Livetraker is available for purchase on our web site are downloadable, functional, and try-before-you-buy version, that has all functionalities of full version and no expiration
We provide free trial to let you fully evaluate our products before you make a purchase decision.
Please use the trial period to make sure that the software meets your needs before purchasing a license.
During your trial period, our support staff is available to assist in installation and configuration via email or telephone. We strongly recommend that all customers download, install, and test the trial version of any product prior to making a purchase.
If you purchase Livetraker, after your payment has cleared your license to use the software will be activated.
Once the license is activated, no refunds will be given. We have this policy since it would be impossible for you to return your registered version of our software
for same reason Customer agree to NOT open a claim / dispute at Paypal® or other payment processor when already asked for issuing license