TERMS OF DELIVERY AND USE

These Terms of Delivery and Use (“Terms”) shall apply to BizMon software in object code form and any related documentation (“Product”) ordered and delivered to the licensee (“you”) by iBiz-solutions AB (“iBiz”).

You agree to be legally bound by these Terms by selecting the accepting option below or by using the Product. If you do not agree to these Terms, select the rejecting option below and do not download or use the Product.

General

You may download an evaluation version of the Product, in which case you are entitled only to evaluate the Product before purchasing a commercial version of the Product. When you download and purchase the commercial version of the Product, you shall first pay an applicable license fee with your credit card or other payment methods available. After the due payment, iBiz shall deliver you a registration code, which enables the operation of the Product.

It is important, and therefore you represent and warrant, that the identification and contact information you have provided to iBiz in connection with your order for the Product is accurate and complete. Otherwise iBiz may not be able to verify your payments and deliver you the necessary registration code. All identification and contact information will be subject to the privacy policy of iBiz.

You shall be responsible for acquiring at your own expense all necessary software, equipment and telecommunications for using the Product, inter alia Microsoft BizTalk Server and Microsoft SQL Server.

The Product is neither intended nor fit for the use of consumers but companies only. Furthermore, the Product is not designed to be fault-tolerant and therefore it is not intended for use in hazardous environments that require fail-safe performance, such as in connection with life critical applications and systems.

Licenses of Evaluation Version and Commercial Version

You have a limited, non-exclusive and non-transferable right to install and use one (1) copy of the Product and use it for monitoring of one (1) Microsoft BizTalk Server Group.

If you have downloaded an evaluation version of the Product, you are entitled to use the Product, free-of-charge, strictly for the sole purpose of evaluating the features and usability of the Product, during a period of sixty (60) days from the day you downloaded the Product.

If you have downloaded a commercial version of the Product, you are entitled to use the Product, subject to the payment of an applicable license fee, strictly for your internal business purposes only, during a period of one (1) year from the day you have received the registration code.

After each period the Product may disable itself automatically, and you shall discontinue using the Product and destroy the software copy you have installed. However, subject to availability of the Product, you may purchase a (new) commercial version from iBiz.

In addition, you shall not (i) make other one (1) back-up copy, modify, work around any technical limitations, decompile, disassemble, reverse-engineer, or create derivative works based on, the Product; or (ii) assign, transfer, sublicense, rent, or otherwise distribute or make available, the Product or your limited right to use the Product; save to the extent that otherwise expressly provided for by mandatory provisions of applicable law.

No Warranty, New Delivery

The Product is licensed strictly “AS IS” without any warranty, express or implied, whatsoever, including but without limitation to warranties of merchantability, fitness for any particular purpose, performance or non-infringement. You shall assume the entire risk for your use of the Product. iBiz shall have no obligation to provide you with maintenance, support or other consulting services, or upgrades of the Product.

However, if you have downloaded, and duly paid for, the commercial version of the Product, but there have been errors in the transmission that prevent the operation of the Product, and you are not able to reload the Product, you should inform iBiz without delay. iBiz shall then make the Product available for a new downloading over Internet, or send the Product via email or ordinary mail to you. In case of an ordinary mail, you shall bear the costs of shipping.

Property Rights and Confidentiality

Title, ownership and all intellectual property rights to the Product belong exclusively to iBiz or any supplier of iBiz. You are granted only a limited right to use the Product.
Aspects of the Product, including the specific design and structure, and registration codes enabling the use of the Product, are confidential and trade secrets of iBiz or any supplier of iBiz. You shall maintain such information as strictly confidential, and shall not disclose them to any third party or use them for any unauthorized purpose.

Limited Liability

Due to the fact that the Product is licensed to you strictly on an “AS IS” basis without any warranty, to the maximum event permitted by the applicable law neither iBiz nor any supplier of iBiz shall be liable for any damages whatsoever, including but without limitation to direct, indirect, special, consequential, punitive or incidental damages, and loss of revenue, profit or data. In any case the maximum liability of iBiz shall be EUR 100.00. These limitations of liability constitute an essential part of these Terms. However, should your authorized use of the Product violate any third party intellectual property rights, iBiz shall compensate you for the license fee you have paid provided that you inform iBiz of the suspected or actual violation without undue delay and discontinue the use of the Product.

Laws and Forum

This Agreement shall be governed by substantial laws of Sweden. Any and all disputes arising out of these Terms shall be intended to be settled amicably. In case an amicable settlement is not reached, the dispute shall be submitted to the District Court of Stockholm, Finland.
Please note that you must use the Product in compliance with applicable export and import laws, regulations and rules, if any.

Termination of License

Each license to the Product shall terminate immediately and without notice in case you are in breach of these Terms, with the exception of such provisions that by their nature are intended to survive the termination of these Terms. Furthermore, iBiz shall not be obligated to refund the license fee to you.

Entire Agreement, Amendments

These Terms constitute the entire agreement between you and iBiz , and shall supersede any previous written or oral agreements and understandings, in relation to the subject matter of these Terms. Any and all amendments to these Terms shall be made in writing and expressly accepted by both you and iBiz.