END-USER LICENSE AGREEMENT FOR BEYLUXE SERVICES
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity, hereafter referred to as "You") and the mentioned author (Beyluxe Communication S.R.l) of the website hosted on www.beyluxe.com, its subdomains and all software downloaded from this mentioned site and its subdomains including but not limited to Beyluxe Messenger (the "SOFTWARE), which include computer software, access to Beyluxe online services, and associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT").By accessing, installing, copying, or otherwise using the SOFTWARE or any portion thereof, you agree to be bounded by the terms of this EULA. If you do not agree to the terms of this EULA, do not access, install or use the SOFTWARE or any portion of the SOFTWARE.
SOFTWARE PRODUCT LICENSE/MODIFICATION OF THE EULA
All versions of the SOFTWARE are protected by copyright laws and
international copyright treaties, as well as other intellectual property
laws and treaties.
The sole property belongs to Beyluxe Communication S.R.l The SOFTWARE
may not be duplicated, sold, distributed or utilized in any manner not
described herein without the prior written consent of Beyluxe
Communication S.R.l
Parties interested in licensing the SOFTWARE for other than personal use
should contact Beyluxe Communication S.R.l
Beyluxe Communication S.R.l, reserves the right to modify the terms of
this EULA, including, but not limited to, adding fees and charges for
use of all or any portion of the SOFTWARE. Any changes, additions, or
deletions shall be effective immediately upon notice to you, which may
be given by any means, including, but not limited to:
(a) online posting through popup messages on Beyluxe, or
(b) online posting at www.beyluxe.com, or
(c) sending by electronic or conventional mail to any address here
provided by you to Beyluxe Communication S.R.l
Your use of Beyluxe after such notice has been given to you shall be
deemed to constitute acceptance of such changes, additions, or
deletions.
REFUNDS AND REBATES
Please note that Beyluxe Communication S.R.l will not refund or
rebate any portion of any purchase price or fees paid to Beyluxe
Communication S.R.l in connection with the use of the SOFTWARE or any
associated products or services, except as required by the laws of the
United States of America or the state of Florida, regardless of whether or
not you chose to use the SOFTWARE, associated products, or services, or you
are prevented from doing so because of a violation of this EULA.
EQUIPMENT USED WITH BEYLUXE
You agree that You shall be responsible for obtaining and maintaining all
telephone, computer hardware, or other equipment needed for access to
Beyluxe and all charges related thereto. You agree that Beyluxe
Communication S.R.l will not be responsible for any damages to such
equipment arising from the use of the SOFTWARE or any portion of the
SOFTWARE. SOFTWARE LICENSE
All versions of the SOFTWARE are protected by copyright laws and
international copyright treaties, as well as other intellectual property
laws and treaties. The sole property belongs to Beyluxe Communication S.R.l
The SOFTWARE may not be duplicated, sold, distributed or utilized in any
manner not described herein without the prior written consent of Beyluxe
Communication S.R.l Parties interested in licensing the SOFTWARE for other
than personal use should contact Beyluxe Communication S.R.l at
copyright@Beyluxe.com.
GRANT OF LICENSE
This EULA grants you the following rights:
Installation and Use:
You may install and use an unlimited number of copies of the SOFTWARE.
Reproduction and Distribution:
You may reproduce and distribute an unlimited number of copies of Beyluxe
Communicator but not any other part of the SOFTWARE including but not
limited to the beyluxe.com website contents and materials; provided that
each copy shall be a true and complete copy, including all copyright and
trademark notices, and shall be accompanied by a copy of this EULA.
Copies of Beyluxe Communicator may be distributed as a standalone product or
included with your own product as long as these copies are not sold or
included in a product or package that intends to receive benefits through
the inclusion of this part of the SOFTWARE.
Beyluxe Communicator may be included in any free or non-profit packages or
products.
RESTRICTIONS
You must maintain all copyright notices on all copies of the SOFTWARE.
LIMITATIONS
You may not modify, reverse engineer, decompile, or disassemble the
SOFTWARE, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
RENTAL
You may not rent or lease or lend the SOFTWARE.
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.
SOFTWARE TRANSFER
You may permanently transfer all of your rights under this EULA one time,
provided you retain no copies, you transfer all of the SOFTWARE (including
all component parts, the media and printed materials, any upgrades, this
EULA and, if applicable, the Certificate of Authenticity), you do not
receive any payment or other compensation for transferring the SOFTWARE and
the recipient agrees to the terms of this EULA. If the SOFTWARE portion is
an upgrade, any transfer must include all prior versions of the SOFTWARE.
REPLACEMENT, MODIFICATION AND UPGRADE OF THE SOFTWARE
Beyluxe Communication S.R.l reserves the right to replace, modify or upgrade
the SOFTWARE at any time by offering you a replacement or modified version
of the SOFTWARE or such upgrade and to charge for such replacement,
modification or upgrade. Any such replacement or modified software code or
upgrade to the SOFTWARE offered to you by Beyluxe Communication S.R.l shall
be considered part of the SOFTWARE and subject to the terms of this EULA
(unless this EULA is superseded by a further EULA accompanying such
replacement or modified version of or upgrade to the SOFTWARE). In the event
that Beyluxe Communication S.R.l offers a replacement or modified version of
or any upgrade to the SOFTWARE,
(a) your continued use of the SOFTWARE is conditioned on your acceptance of
such replacement or modified version of or upgrade to the SOFTWARE and any
accompanying superseding EULA and
(b) in the case of the replacement or modified SOFTWARE, your use of all
prior versions of the SOFTWARE is terminated.
TERMINATION
Without prejudice to any other rights, the Author of this Software (Beyluxe
Communication S.R.l) may terminate this EULA if you fail to comply with any
terms and conditions of this EULA. In such event, you must destroy all
copies of the SOFTWARE and all of its component parts.
SUPPORT SERVICES
Beyluxe Communication S.R.l, may provide you with support services related
to the SOFTWARE ("Support Services"), in its discretion. Use of Support
Services, if any, is governed by the Beyluxe Communication S.R.l, policies
and programs described in the user manual, in "online" documentation, and/or
other Beyluxe Communication S.R.l, provided materials. Any supplemental
software code provided to you as a part of Support Services shall be
considered part of the SOFTWARE and subject to the terms of this EULA. With
respect to technical information you provide to Beyluxe Communication S.R.l,
as part of the Support Services, Beyluxe Communication S.R.l, may use such
information for its business purposes, including for product support and
development. Beyluxe Communication S.R.l will not utilize such technical
information in a form that personally identifies you except to the extent
necessary to provide you with support.
Assisted support for the SOFTWARE is available by contacting the Online
Support Staff. This assistance is provided to you free of charge and Beyluxe
Communication S.R.l expressly disclaims any warranty for the support quality
and any advice is provided "as is" without warranty of any kind, either
express or implied, including, without limitation, the implied warranties or
merchantability, fitness for a particular purpose, or non-infringement. The
entire risk arising out of the provided support remains with you.
For more information on the SOFTWARE, visit the Beyluxe website at
www.beyluxe.com
STORAGE/MESSAGE LIMITATIONS
The amount of storage space per user is limited. Some messages may not be
processed due to space constraints, inbound or outbound message limitations.
You agree that Beyluxe Communication S.R.l is not responsible or liable for
the deletion or failure to process or store messages. Beyluxe Communication
S.R.l shall have no obligation to maintain any content in your account or to
forward messages to you or any third party.
COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited
to any images, photographs, animations, video, audio, music, and text
incorporated into the SOFTWARE), the accompanying printed materials, and any
copies of the SOFTWARE are owned by the Author of this Software: Beyluxe
Communication S.R.l The SOFTWARE is protected by copyright laws and
international treaty provisions. Therefore, you must treat the SOFTWARE like
any other copyrighted material.
DISCLAIMER OF
WARRANTIES
The Author of this Software (Beyluxe Communication S.R.l) expressly
disclaims any warranty for the SOFTWARE. The SOFTWARE and any related
documentation or other products or services of Beyluxe Communication S.R.l,
all of which are provided "as is" without warranty of any kind, either
express or implied, including, without limitation, the implied warranties or
merchantability, fitness for a particular purpose, or non-infringement. The
entire risk arising out of use or performance of the SOFTWARE, SOFTWARE
INFORMATION and other products or services of Beyluxe remains with you.
YOU EXPRESSLY AGREE THAT USE OF Beyluxe Communicator IS AT YOUR OWN RISK. NO
WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE
CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR
USE OF Beyluxe Communicator IS GIVEN OR ASSUMED BY Beyluxe Communication
S.R.l ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND
TERMS ARE HEREBY EXCLUDED. Beyluxe Communication S.R.l MAKES NO WARRANTY
THAT Beyluxe Communicator WILL MEET YOUR REQUIREMENTS, OR THAT Beyluxe
Communicator WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
NO LIABILITY FOR DAMAGES
In no event shall the author of this Software be liable for any special,
consequential, incidental or indirect 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 this product, even if the Author of this
Software (Beyluxe Communication S.R.l) is aware of the possibility of such
damages and known defects.
REGISTRATION
Beyluxe Communicator is a freeware product. It may be used free of charge.
However some services provided by this product are not free and the prices
for using such services are provided on the website www.beyluxe.com.
Beyluxe Communication S.R.l reserves all rights to start charging for using
this product or any related services at any time without a previous notice.
UNINSTALL
By uninstalling the SOFTWARE all files and folders created by the SOFTWARE
will be removed. Make sure to backup the received and history log files
before you remove Beyluxe from your computer if you want to preserve them.
The author (Beyluxe Communication S.R.l) is not responsible of any damages
or loss of any files stored in these and other of your folders.
CHAT SERVICE
The chat service available on or through this SOFTWARE is provided to you by
Beyluxe Communication S.R.l on an "AS IS" basis subject to the provisions
contained herein for your private personal use only. Any other use or
attempt to use Beyluxe for commercial purposes, promotion of products and
services, or other such purposes, directly or indirectly, by you or by a
third party is prohibited
CHILDREN UNDER 13
Please note that Beyluxe as well as the Beyluxe Web site, network, system,
software, service, servers, various directories and listings, various
message and news boards, tools, information and databases, are NOT FOR USE
BY CHILDREN UNDER 13 YEARS OF AGE. If it comes to Beyluxe Communication
S.R.l's attention through reliable means that a registered user is a child
under 13 years of age, Beyluxe Communication S.R.l will cancel that user's
account.
PROHIBITED ACTIONS
You agree that you will not:
1- harass, threaten, abuse, defame, embarrass or cause distress or
discomfort upon another Beyluxe participant;
2- transmit via Beyluxe any information, data, text, files, links, software,
chat, content, communication or other materials and terms of
expression("Information") that are offensive, racial, discriminating,
unlawful, information or instructions concerning illegal activities,
harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise
objectionable;
3- transmit via Beyluxe any Information that infringes any patent,
trademark, trade secret, copyright or other proprietary right;
4- disrupt the normal flow of Information on or through Beyluxe or otherwise
act in a manner that negatively affects other participants;
5- post or transmit any unsolicited advertising, promotional materials, or
any other forms of solicitation;
6- intentionally or unintentionally violate any applicable local, state,
national or international law;
7- translate, decompile, reverse engineer, disassemble, modify, copy, alter,
merge into other software, reproduce, rent, lease, lend, distribute,
remarket or otherwise dispose of the SOFTWARE or SOFTWARE INFORMATION or any
part thereof in any manner other than as authorized by this EULA or by a
separate written agreement between You and Beyluxe (Beyluxe Communication
S.R.l).
8- Impersonate any person, leader, Beyluxe official, administrator, helper
or host.
CERTAIN RISKS
You acknowledge that there are certain risks inherent to the use of Beyluxe.
These include, but are not limited to, disclosure of confidential
information (including personal details), the improper operation of Beyluxe
(such as failing to function or to function correctly), and the risk that
third parties directly or impersonating themselves as someone they are not,
will contact you or attempt to contact you as a result of Beyluxe
Communication S.R.l's provision of and/or your use of Beyluxe.
IF YOU PUBLISH PERSONAL INFORMATION, THERE IS A POSSIBILITY THAT THIRD
PARTIES COULD HARASS YOU, ATTEMPT TO CONTACT YOU, AND, TRY TO HARM YOU.
THEREFORE, IT IS IMPORTANT THAT YOU CAREFULLY CONSIDER THE RISK BEFORE
DISCLOSING AND PUBLISHING PERSONAL INFORMATION AND THAT YOU UNDERSTAND THAT
ANY SUCH DISCLOSURE AND PUBLISHING ARE MADE BY YOU AT YOUR OWN RISK.
You should also note that the file transfer, the private calls and the
webcam conferences you establish on or through Beyluxe will be stamped with
your IP address, thus allowing third parties to view it, and/or use it for
harmful, unlawful, or distressing purposes.
Without limitations to the generality of the aforesaid and foregoing, due to
the nature of Internet, computers, data flow, and other technical and
economical practicalities, Beyluxe Communicator as, like most computer data
and Internet applications, is vulnerable to various security issues and
hence should be considered unsecured. By using the Beyluxe Communicator and
the Internet in general, you may be subject to various risks, including
among others eavesdropping, sniffing, spoofing, forgery, spamming,
"imposturing", tampering, breaking passwords, harassment, fraud, electronic
trespassing, hacking, nuking, system contamination including without
limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or
harmful access and/or retrieval of information and data on your computer and
other forms of activity that may even be considered unlawful. Information
received or delivered on and through Beyluxe Communicator may be subject to
other security or privacy hazards or may not reach its destination or reach
an erroneous address or recipient. Beyluxe Communicator is not different
than other applications in this respect.
INFORMATION
You must evaluate, and bear the risk associated with, the accuracy,
completeness or usefulness of any Information received on or through Beyluxe
Communicator. Beyluxe Communication S.R.l shall not be obligated to actively
monitor the Information users deliver or send on or through Beyluxe
Communicator and shall not be responsible for any Information received on or
through Beyluxe Communicator.
THE INFORMATION ON BEYLUXE COMMUNICATOR MAY INCLUDE INAPPROPRIATE MATERIAL.
BY ENTERING BEYLUXE COMMUNICATOR YOU UNDERTAKE FULL RESPONSIBILITY FOR:
(A) DETERMINING WHETHER THE INFORMATION COMPLIES WITH YOUR NEEDS
(B) DETERMINING WHETHER YOU HAVE ADEQUATE LEGAL RIGHTS TO STORE, REPRODUCE
OR OTHERWISE USE THE INFORMATION IN ANY MANNER CONTEMPLATED BY YOU
(C) COMPLIANCE WITH ANY LEGAL OBLIGATIONS, INCLUDING BUT NOT LIMITED TO,
OBLIGATIONS IMPOSED BY COPYRIGHT, SECRECY, DEFAMATION, DECENCY, PRIVACY AND
EXPORT LAWS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ENTER BEYLUXE
COMMUNICATOR.
Beyluxe Communication S.R.l DOES NOT WARRANT OR GUARANTEE:
1- that any Information received on or through Beyluxe Communicator will be
free of infection by viruses, worms, Trojan horses or anything else
manifesting contaminating or destructive properties;
2- that the Information received on or through Beyluxe Communicator will not
contain adult-oriented material, or material which some individuals may deem
objectionable;
3- that the functions or services performed by Beyluxe Communication S.R.l
will be uninterrupted or error-free or that defects in Beyluxe Communicator
will be corrected. It is the sole responsibility of the user to isolate
software and Information, execute anti-contamination software and otherwise
take steps to ensure that software or Information, if contaminated or
infected, will not damage user's information or system.
Beyluxe Communication S.R.l MAKES NO REPRESENTATIONS AS TO THE SUITABILITY
OF THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH BEYLUXE COMMUNICATOR
FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY,
CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS.
ALL SUCH INFORMATION IS SOLELY PROVIDED BY THE USERS. THE INFORMATION
DELIVERED OR RECEIVED ON OR THROUGH BEYLUXE COMMUNICATOR IS NOT REVIEWED,
CONTROLLED OR EXAMINED BY Beyluxe Communication S.R.l IN ANY WAY BEFORE IT
APPEARS ON BEYLUXE COMMUNICATOR. Beyluxe Communication S.R.l DOES NOT
ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION.
USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF THEIR MESSAGES AND MAY BE
HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE CONTENTS OF THEIR MESSAGES
(INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS).
IN NO EVENT SHALL Beyluxe Communication S.R.l BE LIABLE TO ANY PARTY FOR ANY
DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY
OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY,
USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF BEYLUXE
COMMUNICATOR EVEN IF Beyluxe Communication S.R.l SHALL HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY
TO YOU.
In no event shall Beyluxe Communication S.R.l be liable to anyone for any
delays, inaccuracies, errors or omissions with respect to the Information or
the transmission or delivery of all or any part thereof, for any damage
arising therefrom or occasioned thereby, or for the results obtained from
the use of the content of messages.
ROOMS
MONITORING
By installing or using this software, you consent to allow Beyluxe
Communication S.R.l to monitor or record any or all of your activities and
communications while using the software. You also agree that Beyluxe
Communication S.R.l does not need to give you any notice of such monitoring
or recording. Such monitoring or recording, however, will only take place
under the circumstances set forth in the Beyluxe Privacy Statement, as
amended from time to time, which you can view at www.beyluxe.com.
MISCELLANEOUS
1- Beyluxe Communication S.R.l shall not be obligated but reserves the right
and the sole discretion to
(a) make improvements, corrections, adaptations, conversions and/or any
other change in the SOFTWARE and to any part thereof and/or to a revised or
new Terms of Use;
(b) change, limit, terminate or cease to provide at any time, temporarily or
permanently, the SOFTWARE functionality or any part thereof, including but
not limited to, to any room, nickname or robot, to all users or any number
thereof including without limitation, the access to Beyluxe Communicator and
or the web site granted to you or to any other user, at any time, including
but not limited while you are chatting or sending or delivering Information,
without notice, for any reason or no reason;
(c) conduct scans for unsecured proxies, Trojan horses, viruses or any other
means for interrupting the normal flow of information on Beyluxe
Communicator and deny or reject any connection to Beyluxe Communicator of
any user or any number thereof, using such unsecured proxies, Trojan horses,
viruses or any other means of interrupting the normal flow of information on
Beyluxe Communicator;
(d) nominate any person who may not be an Beyluxe employee to monitor, using
his own discretion, any chat room and to allow him to deny or terminate
access granted to you or any other user, without notice, at anytime,
including while you are chatting or delivering or sending information.
Beyluxe may cancel such nomination, at any time for any reason or no reason;
(e) refrain from publishing on this Site and delete from this Site any
Information or material provided for display or sent or delivered from any
user;
(f) establish a new operating and usage policy for Beyluxe Communicator and
change it at any time for any reason or no reason;
(g) cancel, change, hold, de-list, introduce different options and features
to different users or refrain from publishing Beyluxe numbers or any other
details of the users using Beyluxe Communicator, at any time.
2- Beyluxe Communication S.R.l may change from time to time, the Terms of
Service including these Terms of Use. You agree that your use of Beyluxe
Communicator and any other services, beyond a period of 30 days after a
notice of such change has been provided on the Beyluxe network or Web site
for the first time, shall constitute your consent to the new or revised
Beyluxe Terms of Service.
3- In case of contradiction between any provision of the End User License
Agreement ("EULA") and any provision of this document, the provision of the
EULA shall prevail, unless the provision of this document reflects narrower
responsibility on behalf of Beyluxe Communication S.R.l than the relevant
provision of the EULA. In case of contradiction between any provision of
this document and any provision of the help file or other Beyluxe help file,
or the Usage Notices the provision of this document shall prevail, unless
the provision of the Beyluxe help file or usage notices reflect narrower
responsibility on behalf of Beyluxe Communication S.R.l than the relevant
provision of this document in which case the narrower provisions will
control.
4- Any reference made in this document to Beyluxe Communication S.R.l shall
be deemed to have been made to Beyluxe Communication S.R.l, its
subsidiaries, successors, assignees, affiliates as well as any company that
controls Beyluxe Communication S.R.l, directly or indirectly, and any other
subsidiary of that controlling company. GOVERNING LAW AMENDMENTS
5- The most recent and complete End User License Agreement (EULA) is
available at www.beyluxe.com. In case of any conflict between any terms in
the EULA that is distributed with the program and the EULA at
www.beyluxe.com, then the EULA at www.beyluxe.com will be controlling.
In enforcing, interpreting and for all other purposes, this Agreement will
be governed by the substantive laws of the State of Florida and in the event
of a dispute arising hereunder, you agree to be bound by the exclusive
jurisdiction of the federal and state courts located in the State of
Florida, County of Sunrise. If a court determines any remedy provided to you
under this Agreement has failed of its essential purpose, the limitations of
liability and exclusion of damages and warranties above shall not be
affected and remain in full force and effect.