End User License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING Amadine. BY USING Amadine, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE SOFTWARE.
Amadine made available through the Internet download or the Mac App Store Service and App Store Service (collectively, "App Store Service(s)") are licensed, not sold, to you. Your license to the Amadine product that you obtain through the Internet download or the App Store Service is subject to your prior acceptance of this Amadine End User License Agreement. Your license to Amadine under this End User License Agreement is granted by BeLight Software, Ltd ("Licensor"), not Apple. Licensor reserves all rights in and to Amadine not expressly granted to you under this End User License Agreement.
BeLight Software, Ltd principal place of business is at:
Melnitskaya str. 26/2, office 305
1. Scope of License.
This license granted to you for Amadine by Licensor is limited to a non-transferable license to use the Licensed Application on any Apple-branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) or macOS X, as applicable (collectively, "Apple Device(s)") that you own or control and as permitted by the usage rules set forth in the Mac App Store, App Store and iBookstore Terms and Conditions (the "Usage Rules"). This license does not allow you to use Amadine on any Apple device that you do not own or control, and you may not distribute or make Amadine available over a network in violation of the Usage Rules. You may not rent, lease, lend, sell, redistribute or sublicense Amadine. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify or create derivative works of Amadine, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with Amadine). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
Amadine may provide for certain additional content and features available through in-app purchase(s) ("Purchased Content"). The terms of this License shall govern all such Purchased Content.
The terms of this license will govern any upgrades provided by Licensor that replace and/or supplement the original Amadine, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Licensor’s Rights.
You acknowledge and agree that the Software and Documentation is the proprietary, published and unpublished property of Licensor. You further acknowledge and agree that all rights, title and interest in and to the Software and Documentation are and shall remain with Licensor. This license conveys to You the right to install and use the Software and Documentation in accordance with the terms of this license. All rights not expressly granted here are reserved by BeLight Software. The Licensor will not transmit your personal information to any third party without your express consent.
This license is effective upon installing the software on any machine, and shall continue until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of Amadine and destroy all copies, full or partial, of Amadine.
4. Maintenance and Support.
Licensor is solely responsible for providing any maintenance and support services with respect to Amadine. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Amadine.
5. Third Party Beneficiary.
You agree that Licensor's official resellers, Apple, and Apple''s subsidiaries, are third-party beneficiaries of Amadine and that, upon the end-user's acceptance of the terms and conditions of the END USER LICENSE AGREEMENT, Licensor resellers and Apple will have the right (and will be deemed to have accepted the right) to enforce the END USER LICENSE AGREEMENT against the end user as a third party beneficiary thereof.
6. Third-Party Materials.
The Licensed Application may enable access to Apple, Licensor and/or third-party services and websites (collectively and individually, "Services"). Use of the Services requires Internet access and use of certain Services requires you to accept additional terms.
By using this software in connection with an iTunes Store account, you agree to the latest iTunes Store Terms and Conditions and Usage Rules, which you may access and review at:
You may NOT resell, sublicense or otherwise make available the Software Content for use or distribution separately or detached from a product or Web page. You may NOT a) create scandalous, obscene, defamatory or immoral works using the Software Content nor use the Software Content for any other purpose prohibited by law; b) use or permit the use of the Software Content or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Software Content or any part thereof; c) use the Software Content in electronic format, online or in multimedia applications unless the Software Content is incorporated for viewing purposes only, and no permission is given to download and/or save the Software Content for any reason; d) use any Software Content except as expressly permitted by this License; and e) use the Software Content related to identifiable individuals, products or entities for any commercial purpose or in a manner that suggests their association with or endorsement of any product or service.
Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third-Party Materials") or provide links to certain third-party web sites. By using the Services, you acknowledge and agree that Apple and Licensor are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. Apple and Licensor, their officers, affiliates and subsidiaries do not warrant, endorse or assume and will not have any liability or responsibility to you or any other person for any Third-Party Services, Third-Party Materials or web sites or any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.
7. Intellectual Property Rights.
Licensor, not Apple, shall indemnify, hold harmless and, at user request, defend user from and against any and all claims, damages, losses and liabilities that are attributable to such claim, of which Amadine infringes any third-party intellectual property right; provided that: (a) user gives Licensor prompt notice in writing of any such suit and permits Licensor, through counsel of its choice, to answer the charge of infringement and defend such claim or suit; (b) user provides Licensor information, assistance and authority to enable Licensor to defend such suit; and (c) Licensor shall not be responsible for any settlement made by user without Licensor's prior written permission.
8. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF Amadine IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Amadine AND ANY SERVICES PERFORMED OR PROVIDED BY Amadine ("SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO Amadine AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF Amadine, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY Amadine WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF Amadine OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN Amadine OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD Amadine OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Product Claims.
You acknowledge that Licensor, not Apple, is responsible for addressing any claims of the end user or any third party relating to the Licensed Application or the end-user's possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
10. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE Amadine, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails in its essential purpose.
Licensor provides a thirty (30) day money-back guarantee on Amadine that was purchased directly from Licensor. If, during this period, you are dissatisfied with the Software for any reason, Licensor will refund your money if you stop using and destroy all copies of the Software within thirty (30) days of the date of the original purchase.
If Amadine was purchased from App Store Service(s), you may notify Apple of any failure to conform to any applicable warranty, and Apple will refund the purchase price for Amadine; Apple will have no other warranty obligation whatsoever with respect to Amadine.
11. You may not use or otherwise export or re-export Amadine except as authorized by United States law and the laws of the jurisdiction in which Amadine was obtained. In particular, but without limitation, Amadine may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using Amadine, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purpose prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missile or chemical or biological weapons.
12. Amadine and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.
13. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Licensor relating to the use of Amadine and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Licensor. Any translation of this License is done for local requirements, and, in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
14. The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of Amadine. Your use of Amadine may also be subject to other local, state, national, or international laws.
Should any term of this license be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
If you have any questions regarding this Agreement or if you wish to request any information from the Licensor, please use the address and contact information included with this product to contact the Licensor, or by email:
© 2003-2020 BeLight Software, Ltd. All Rights Reserved. BeLight Software and Amadine are trademarks of BeLight Software, Ltd.