END-USER LICENSE AGREEMENT FOR eBAHN®
BENTLEY PUBLISHERS' End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and BENTLEY PUBLISHERS for the BENTLEY PUBLISHERS software product(s) identified above which may include eBahn® Reader, eBahn® Content packs, associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING. BY CLICKING A BUTTON ACCEPTING THESE TERMS (IF APPLICABLE), INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE PRODUCT.
All rights not expressly granted are reserved by Bentley Publishers. You must treat the SOFTWARE PRODUCT and any elements thereof like any other copyrighted material (e.g. a book or musical recording). This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, USA. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
BENTLEY PUBLISHERS grants you the right to install and use one copy of the SOFTWARE PRODUCT, per Serial Number, on one computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows 2000, Windows XP] for your personal use only.
(b) Backup Copies.
You may make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions of the eBahn® Reader and unlicensed eBahn® Content Packs available for download from BENTLEY PUBLISHERS' websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, disassemble, or create derivative works of the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, lend, license or otherwise transfer ownership of this SOFTWARE PRODUCT without the express written consent of Bentley Publishers.
(e) Support Services.
BENTLEY PUBLISHERS may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
You may not use the SOFTWARE PRODUCT, or permit use of the SOFTWARE PRODUCT, on more than one computer, computer terminal, or workstation per Serial Number. You also may not use the SOFTWARE PRODUCT, or permit use of the SOFTWARE PRODUCT, in a network or other multi-user arrangement or on an electronic bulletin board system or other remote access arrangement.
You may not publicly perform or publicly display this SOFTWARE PRODUCT.
*(h) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
Without prejudice to any other rights, BENTLEY PUBLISHERS may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
4. E-MAIL ADDRESS REQUIRED FOR USE OF THE SOFTWARE PRODUCT.
You must supply Bentley Publishers with a valid e-mail address in order to Activate eBahn® Content Packs and receive Software Support for the Program. Your e-mail address will be used to create a Profile in the Member Center on our website if you do not already have a Profile. Bentley Publishers considers your information private and will not share or sell your email address or other personal information to any outside company.
5. INTERNET CONNECTION REQUIRED FOR USE OF THE SOFTWARE PRODUCT.
Use of software product requires "License Activation" wherein the product generates a "Device ID" based on specifications, serial numbers, and other unique information in your computer (but which does not contain this information directly), and sending this "Device ID" to the eBahn® license and activation server(s). These servers then communicate an "Activation Key" back to the software which allows the license to be activated for use on that device, using that specific Ethernet connection (physical or wireless). Information received by the Publisher in this transaction is considered private, and used only for license administration. If the computer on which you choose to install the SOFTWARE PRODUCT does not have an internet connection, you may be able to manually transmit the codes necessary for License Activation on another computer that does have an internet connection through the Bentley Publishers Member Center on our website (www.bentleypublishers.com).
6. eBAHN® LICENSE ACTIVATION AND DEACTIVATION GUIDELINES AND LIMITATIONS.
Each License includes one or more Serial Numbers (also called Sub-licenses). Each Serial Number is intended for use by the Original Purchaser only, and is not to be sold or shared. Each Serial Number can be Activated on only one computer at a time. At any time you may deactivate a Serial Number on your computer and then activate it again on the same or another computer ("Re-activation"). Each Serial Number, once activated can be re-activated a limited number of times per calendar year. The count of license re-activations does not accrue if unused. If you have deactivated a Serial Number the maximum number of time allowed, you will not be able to activate it again until January 1 of the following calendar year. The number of re-activations you are allowed to perform is visible in your Profile in the Bentley Publishers Member Center on our website (www.bentleypublishers.com).
7. NO WARRANTIES
BENTLEY PUBLISHERS expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided "As Is" without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. BENTLEY PUBLISHERS does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. BENTLEY PUBLISHERS makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. BENTLEY PUBLISHERS further expressly disclaims any warranty or representation to Authorized Users or to any third party.
8. LIMITATION OF LIABILITY
In no event shall BENTLEY PUBLISHERS be liable for any incidental or consequential damages (including, without limitation, lost profits, business interruption, or lost information) rising out of Authorized Users use of or inability to use the SOFTWARE PRODUCT, even if BENTLEY PUBLISHERS has been advised of the possibility of such damages. In no event will BENTLEY PUBLISHERS be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. BENTLEY PUBLISHERS shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
Bentley Publishers reserves the right to change, discontinue or disable access to the SOFTWARE PRODUCT, Bentley Publishers' services provided by the SOFTWARE PRODUCT ("SERVICES") or impose new or additional rules, policies, terms, or conditions on your use of the SOFTWARE PRODUCT and SERVICES, without notice or liability to you. Additional fees may apply for additional services and products offered by Bentley Publishers. In addition, we may change all or part of the EULA at any time. We may make changes to the EULA by posting the changed terms. YOUR CONTINUED USE OF SOFTWARE FOLLOWING BENTLEY PUBLISHERS' POSTING OF ANY CHANGED TERMS WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGED TERMS.
This license agreement represents the entire agreement concerning the SOFTWARE PRODUCT between you and BENTLEY PUBLISHERS and it supersedes any prior oral or written communications, representations, or understandings between the parties with respect to the SOFTWARE PRODUCT or any other subject matter covered by this EULA.
SAVE THIS LICENSE FOR FUTURE REFERENCE.
v.3.1.1, Effective: 2011-08-01