IF YOU ARE A RESIDENT, OR IF YOUR COMPANY'S HEAD OFFICE IS LOCATED IN THE UNITED STATES, PLEASE READ THE "BINDING ARBITRATION AND CLASS ACTION WAIVER" SECTION BELOW. THIS SECTION AFFECTS THE TERMS FOR RESOLVING DISPUTES.
The terms of this license agreement constitute an agreement between you and Estimation Batisoft inc. These terms apply to the software named above and to all Estimation Batisoft inc. services or software updates (unless these services or updates are accompanied by new or additional terms of use, in which case, these different terms apply prospectively and do not modify your rights, or those of Estimation Batisoft inc., for software or services already updated). BY COMPLYING WITH THESE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE CONDITIONS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. FOR iOS AND IPAD USERS, RETURN IT TO APPLE INC. ("APPLE") FOR A REFUND OR CREDIT, IF APPLICABLE.
a) General. Users may install and use an unlimited number of copies of the software. Features may vary depending on the version and device capabilities.
b) Third-party terms of use. You must comply with applicable third-party contractual terms when using the software. The Services may integrate, be integrated with, or be provided with third-party services and content. We do not control these third-party services and content. You must read the terms of use and privacy policies that apply to these third-party services and content. If you access a Service using an Apple iOS or Android device, Apple Inc. or Google, Inc. will be, respectively, third-party beneficiaries of this agreement. However, these third-party beneficiaries are not parties to this agreement and are not responsible for providing or supporting the Services. You agree that your access to the Services using these devices is also subject to the terms of use set forth in the applicable third-party beneficiary's terms of service.
c) Third-party components. The software may include third-party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file(s) accompanying the software. Even if these applications are governed by other agreements, the disclaimer, limitations and exclusions of damages below also apply, to the extent permitted by applicable law.
d) Estimation Batisoft inc. Service Agreement. Certain features of the software provide access to or rely on online services. Use of these services (but not the software) is governed by the terms and privacy policies defined by the Estimation Batisoft inc. Service Agreement. Please read them carefully. Services may not be available in all regions. Estimation Batisoft inc. Service Agreement
e) Competitive benchmarking. If you are a direct competitor and access or use the software for competitive benchmarking, analysis, or intelligence gathering purposes, you waive against Estimation Batisoft inc., its subsidiaries and affiliated companies (including prospectively) any use, access and benchmarking test restrictions in the terms governing your software to the extent that your terms of use are, or purport to be, more restrictive than Estimation Batisoft inc.'s terms. If you do not waive these purported restrictions in the terms governing your software, you are not authorized to access or use this software.
If you download a preliminary or beta version of the software, it may not work properly. This version may be different from the commercialized version.
If you provide feedback to Estimation Batisoft inc. about the software, you grant Estimation Batisoft inc., free of charge, the right to use, share, and commercialize your feedback in any way and for any purpose. You will not provide feedback subject to a license that requires Estimation Batisoft inc. to license its software or documentation to third parties because Estimation Batisoft inc. includes your feedback. These rights do not terminate with this agreement.
a) Data collection. The software may collect information about you and your use of the software and send it to Estimation Batisoft inc. Estimation Batisoft inc. may use this information to provide services and improve products and services. You can disable most, but not all, of these scenarios as described in the product documentation. Some features of the software may also allow you to collect data from users of your applications. If you use these features to enable data collection in your applications, you must comply with applicable law, including providing appropriate notifications to users of your applications. You can learn more about data collection and use in the documentation and privacy statement. Your use of the software constitutes your consent to these practices. Estimation Batisoft inc. Privacy Statement
b) Personal data processing. To the extent that Estimation Batisoft inc. processes personal data or acts as a personal data processor in connection with the software, Estimation Batisoft inc. makes commitments in the European Union General Data Protection Regulation of online service terms for all customers as of May 25, 2018, at the following address: Estimation Batisoft inc. Commitments to Customers under GDPR
The software is not sold but licensed. Estimation Batisoft inc. reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may not (and have no right to): a) circumvent technical limitations of the software that only allow you to use it in certain ways; b) reverse engineer, decompile, or disassemble the software or attempt to derive the source code of the software, except and only to the extent required by third-party license terms governing the use of certain open source components that may be included in the software; c) remove, reduce, block, or modify notices from Estimation Batisoft inc. or its suppliers in the software; d) disclose software benchmark test results to a third party without prior written approval from Estimation Batisoft inc.; e) use the software for commercial, non-profit, or revenue-generating activities, unless you have commercial use rights under a separate agreement; f) use the software illegally, to create or propagate malicious software; or g) share, publish, distribute, or rent the software, or provide it as a standalone offering for use by third parties, or transfer the software or this agreement to a third party.
You may uninstall the software and install it on another device for use. You may share this license with multiple devices.
By accepting these license terms, you agree to follow these rules when using the software: a) Do nothing illegal. b) Do not engage in any activity that exploits, harms, or threatens to harm children. c) Do not send spam. Spam may take the form of unsolicited and mass-sent emails, posts, contact requests, unwanted or unsolicited texts or instant messages. d) Do not post or use the software to share inappropriate content or documents (involving, for example, nudity, bestiality, pornography, abusive language, violence, or criminal activities), publicly. e) Do not engage in fraudulent, false, or misleading activities (for example, asking for money under false pretenses, impersonating someone else, manipulating the software to increase the number of games or affect rankings, ratings, or feedback). f) Do not circumvent any access or availability restrictions of the software. g) Do not engage in activities that are harmful to you, the software, or other people (for example, transmitting viruses, harassment, posting terrorist content, communicating hate speech, or promoting violence against others). h) Do not infringe on the rights of others (for example, unauthorized sharing of copyrighted music or other copyrighted materials, resale or other distribution of Bing maps or photographs). i) Do not engage in activity that violates others' privacy. j) Do not help others break these rules.
You must comply with all national and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. If you want to learn more about export restrictions, see: Estimation Batisoft inc. Export
You represent and warrant that (a) you are not located in a country subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country; and (b) you are not listed on any United States government list of prohibited or restricted parties.
Estimation Batisoft inc. is not required under this agreement to provide support services for the software. Any support is provided "as is," "with all faults," and without any warranty. You acknowledge that Apple has no obligation to provide maintenance and support services for the software.
The software may periodically check for, download, and install updates for you. You may only obtain updates from Estimation Batisoft inc. or authorized sources. Estimation Batisoft inc. may need to upgrade your system to provide you with updates. You agree to receive these automatic updates without additional notification. Updates may not include or support all existing software features, services, or devices.
This section applies if you reside (or, if your company's head office is located) in the United States. If a dispute arises between you and Estimation Batisoft inc., you and Estimation Batisoft inc. agree to try to resolve it informally within 60 days. If the dispute cannot be resolved this way, you and Estimation Batisoft inc. agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act ("FAA"), and not to bring lawsuits before a judge or jury. The decision will be made by a neutral arbitrator. Class actions and arbitrations, lawsuits brought by a private attorney or attorney general, and any other proceedings in which a person acts as a representative are not permitted. Combining individual proceedings without the consent of all parties is also prohibited. The complete arbitration agreement contains more terms. You and Estimation Batisoft inc. agree to these terms. Arbitration Agreement
This agreement, along with any other terms that Estimation Batisoft inc. may provide for supplements, updates, or third-party applications, constitutes the entire agreement for the software.
If you acquired the software in the United States or Canada, the laws of the state or province in which you live (or, in which your company's head office is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of law principles, except for arbitration, which is governed by the FAA. If you acquired the software in another country, that country's laws apply, except for arbitration, which is governed by the FAA. If United States federal jurisdiction is available, you and Estimation Batisoft inc. consent to the exclusive jurisdiction and venue of the federal court in King County, Washington, for all disputes heard in court (except arbitration). Otherwise, you and Estimation Batisoft inc. consent to the exclusive jurisdiction and venue of the Superior Court of King County, Washington, for all disputes heard in court (excluding arbitration).
iOS or iPadOS users agree that Apple and its subsidiaries are third-party beneficiaries of this agreement, and that Apple has the right to enforce this agreement.
Estimation Batisoft inc., and not Apple or Android, is responsible for handling any claims relating to the software or your possession and/or use of the software. In the event of a third-party claim that the software or your possession and use of this software infringes its intellectual property rights, Estimation Batisoft inc., and not Apple or Android, will be solely responsible for the investigation, defense, resolution, and dismissal of intellectual property infringement claims.
This agreement describes certain rights recognized by law. You may have other rights, including consumer rights, under the laws of your state, province, or country. Regardless of your relationship with Estimation Batisoft inc., you may also have rights with respect to the party from whom you acquired the software. This agreement does not modify these other rights if the laws of your state, province, or country do not permit it to do so. For example, if you acquired the software in one of the regions below, or if the country's law applies, the following provisions apply:
a) Australia. You have statutory warranties under Australian Consumer Law and nothing in this agreement can affect these rights.
b) Canada. If you acquired this software in Canada, you may stop receiving updates by disabling the automatic update feature, by disconnecting your device from the Internet (However, if and when you reconnect to the Internet, the software will resume checking for and installing updates.), or by uninstalling the software. The product documentation, if any, may also specify how to disable updates for your specific device or software.
c) Germany and Austria. i. Warranty. The validly licensed software will work substantially as described in all Estimation Batisoft inc. materials that accompany the software. However, Estimation Batisoft inc. gives no contractual warranty regarding the licensed software. ii. LIMITATION OF LIABILITY. In case of gross negligence or willful misconduct, claims based on product liability law, as well as in case of death or personal or physical injury, Estimation Batisoft inc. is liable in accordance with statutory law. Subject to clause ii above, Estimation Batisoft inc. will be liable for minor negligence only if Estimation Batisoft inc. breaches material contractual obligations, compliance with which facilitates the proper performance of this agreement, breach of which could compromise the purpose of this agreement and compliance with which a party may constantly rely (also called "cardinal obligations"). In other cases of minor negligence, Estimation Batisoft inc. will not be held liable.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY. YOU ASSUME THE RISKS ASSOCIATED WITH ITS USE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESTIMATION BATISOFT INC. OFFERS NO EXPRESS WARRANTIES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY WARRANTIES UNDER LOCAL LAWS THAT THIS AGREEMENT CANNOT MODIFY. TO THE EXTENT PERMITTED BY LOCAL LAWS, ESTIMATION BATISOFT INC. EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IF YOU CAN RECOVER DAMAGES DESPITE THE PRECEDING DISCLAIMER, YOU MAY OBTAIN UP TO $5.00 FROM ESTIMATION BATISOFT INC. AND ITS SUPPLIERS, ONLY FOR DIRECT DAMAGES. YOU CANNOT CLAIM ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PROFIT-LOSS DAMAGES. This also applies even if Estimation Batisoft inc. or Apple (for iOS or iPadOS users) knew or should have known of the possibility of damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.
If you have questions, complaints, or claims regarding the software, please contact Estimation Batisoft inc. at 1-866-766-3313