WILD BISHOP is a Belgian SRL company registered under the number 0733520235 and having its registered address at Le Pôle Image de Liège, rue de Mulhouse 36, 4020 Liège, Belgique.
VAT number: 0733.520.235
© Wild Bishop and wild bishop logos are trademarks or registered trademarks of Wild Bishop SRL in Europe, U.S, and/or other countries. All rights reserved.
End User License Agreement
IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING AND USING WILD BISHOP SOFTWARES. IT IS VERY IMPORTANT THAT YOU CHECK THAT YOU ARE PURCHASING WILD BISHOP SOFTWARE FROM AN APPROVED SOURCE OTHERWISE YOU HAVE NO LICENSE TO USE THE SOFTWARE AND THE LIMITED WARRANTY IN THIS END USER LICENSE AGREEMENT DOES NOT APPLY. ASSUMING YOU HAVE PURCHASED FROM AN APPROVED SOURCE, DOWNLOADING, INSTALLING OR USING WILD BISHOP OR WILD BISHOP-SUPPLIED SOFTWARE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
WILD BHISHOP (WILD BISHOP STUDIO - WBS), OR ITS AFFILIATE LICENSING THE SOFTWARE ("WBS") IS WILLING TO LICENSE THIS SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU PURCHASED THE SOFTWARE FROM AN APPROVED SOURCE AND THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT PLUS ANY ADDITIONAL LIMITATIONS ON THE LICENSE SET FORTH IN A SUPPLEMENTAL LICENSE AGREEMENT ACCOMPANYING THE PRODUCT OR AVAILABLE AT THE TIME OF YOUR ORDER (COLLECTIVELY THE "AGREEMENT"). TO THE EXTENT OF ANY CONFLICT BETWEEN THE TERMS OF THIS END USER LICENSE AGREEMENT AND ANY SUPPLEMENTAL LICENSE AGREEMENT, THE SUPPLEMENTAL LICENSE AGREEMENT SHALL APPLY. BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ARE REPRESENTING THAT YOU PURCHASED THE SOFTWARE FROM AN APPROVED SOURCE AND BINDING YOURSELF TO THE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, THEN WILD BISHOP IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND (A) YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, AND (B) YOU MAY RETURN THE SOFTWARE (INCLUDING ANY UNOPENED CD PACKAGE AND ANY WRITTEN MATERIALS) FOR A FULL REFUND, OR, IF THE SOFTWARE AND WRITTEN MATERIALS ARE SUPPLIED AS PART OF ANOTHER PRODUCT, YOU MAY RETURN THE ENTIRE PRODUCT FOR A FULL REFUND. YOUR RIGHT TO RETURN AND REFUND EXPIRES 30 DAYS AFTER PURCHASE FROM AN APPROVED SOURCE, AND APPLIES ONLY IF YOU ARE THE ORIGINAL AND REGISTERED END USER PURCHASER. FOR THE PURPOSES OF THIS END USER LICENSE AGREEMENT, AN "APPROVED SOURCE" MEANS (A) WILD BISHOP; OR (B) A DISTRIBUTOR OR SYSTEMS INTEGRATOR AUTHORIZED BY WILD BISHOP TO DISTRIBUTE / SELL WILD BISHOP SOFTWARE AND SERVICES WITHIN YOUR TERRITORY TO END USERS; OR (C) A RESELLER AUTHORIZED BY ANY SUCH DISTRIBUTOR IN ACCORDANCE WITH THE TERMS OF THE DISTRIBUTOR'S AGREEMENT WITH WILD BISHOP TO DISTRIBUTE / SELL THE WILD BISHOP SOFTWARE AND SERVICES WITHIN YOUR TERRITORY TO END USERS.
THE FOLLOWING TERMS OF THE AGREEMENT GOVERN CUSTOMER'S USE OF THE SOFTWARE (DEFINED BELOW), EXCEPT TO THE EXTENT: (A) THERE IS A SEPARATE SIGNED CONTRACT BETWEEN CUSTOMER AND WILD BISHOP GOVERNING CUSTOMER'S USE OF THE SOFTWARE, OR (B) THE SOFTWARE INCLUDES A SEPARATE "CLICK-ACCEPT" LICENSE AGREEMENT OR THIRD PARTY LICENSE AGREEMENT AS PART OF THE INSTALLATION OR DOWNLOAD PROCESS GOVERNING CUSTOMER'S USE OF THE SOFTWARE. TO THE EXTENT OF A CONFLICT BETWEEN THE PROVISIONS OF THE FOREGOING DOCUMENTS, THE ORDER OF PRECEDENCE SHALL BE (1) THE SIGNED CONTRACT, (2) THE CLICK-ACCEPT AGREEMENT OR THIRD PARTY LICENSE AGREEMENT, AND (3) THE AGREEMENT. FOR PURPOSES OF THE AGREEMENT, "SOFTWARE" SHALL MEAN COMPUTER PROGRAMS, INCLUDING FIRMWARE AS PROVIDED TO CUSTOMER BY AN APPROVED SOURCE, AND ANY UPGRADES, UPDATES, BUG FIXES OR MODIFIED VERSIONS THERETO (COLLECTIVELY, "UPGRADES"), ANY OF THE SAME WHICH HAS BEEN RE-LICENSED UNDER THE WILD BISHOP SOFTWARE TRANSFER AND RE-LICENSING POLICY (AS MAY BE AMENDED BY WILD BISHOP FROM TIME TO TIME) OR BACKUP COPIES OF ANY OF THE FOREGOING.
Conditioned upon compliance with the terms and conditions of the Agreement, WILD BISHOP grants to Customer a nonexclusive and nontransferable license to use for Customer's internal business purposes the Software and the Documentation for which Customer has paid the required license fees to an Approved Source. "Documentation" means written information (whether contained in user or technical manuals, training materials, specifications or otherwise) pertaining to the Software and made available by an Approved Source with the Software in any manner (including on CD-Rom, or on-line). In order to use the Software, Customer may be required to input a registration number or product authorization key and register Customer's copy of the Software online at WILD BISHOP website to activate their license.
Customer's license to use the Software shall be limited to, and Customer shall not use the Software in excess of, a single person/user or such other limitations as are set forth in the applicable Supplemental License Agreement or in the applicable purchase order which has been accepted by an Approved Source and for which Customer has paid to an Approved Source the required license fee.
For evaluation or beta copies for which WILD BISHOP does not charge a license fee, the above requirement to pay license fees does not apply.
This is a license, not a transfer of title, to the Software and Documentation, and WILD BISHOP retains ownership of all copies of the Software and Documentation. Customer acknowledges that the Software and Documentation contain development secrets of WILD BISHOP or its suppliers or licensors, including but not limited to the specific internal design and structure of individual programs and associated interface information.
Customer specifically agrees not to:
- transfer, assign or sublicense its license rights to any other person or entity (other than in compliance with any WILD BISHOP relicensing/transfer policy then in force), and Customer acknowledges that any attempted transfer, assignment, sublicense or use shall be void;
- Make error corrections to or otherwise modify or adapt the Software or create derivative works based upon the Software, or permit third parties to do the same;
- Reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction or except to the extent that WILD BISHOP is legally required to permit such specific activity pursuant to any applicable open source license;
- Publish any results of benchmark tests run on the Software;
- Use or permit the Software to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of WILD BISHOP
- Disclose, provide, or otherwise make available development secrets contained within the Software and Documentation in any form to any third party without the prior written consent of WILD BISHOP. Customer shall implement reasonable security measures to protect such trade secrets.
To the extent required by applicable law, and at Customer's written request, WILD BISHOP shall provide Customer with the interface information needed to achieve interoperability between the Software and another independently created program, on payment of WILD BISHOP's applicable fee, if any. Customer shall observe strict obligations of confidentiality with respect to such information and shall use such information in compliance with any applicable terms and conditions upon which WILD BISHOP makes such information available.
Software, Upgrades and Additional Copies
NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT: (1) CUSTOMER HAS NO LICENSE OR RIGHT TO MAKE OR USE ANY ADDITIONAL COPIES OR UPGRADES UNLESS CUSTOMER, AT THE TIME OF MAKING OR ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID LICENSE TO THE ORIGINAL SOFTWARE AND HAS PAID THE APPLICABLE FEE TO AN APPROVED SOURCE FOR THE UPGRADE OR ADDITIONAL COPIES; AND (2) THE MAKING AND USE OF ADDITIONAL COPIES IS LIMITED TO NECESSARY BACKUP PURPOSES ONLY.
Customer agrees to maintain and reproduce all copyright, proprietary, and other notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software. Except as expressly authorized in the Agreement, Customer shall not make any copies or duplicates of any Software without the prior written permission of WILD BISHOP.
Term and Termination
The Agreement and the license granted herein shall remain effective until terminated. Customer may terminate the Agreement and the license at any time by destroying all copies of Software and any Documentation. Customer's rights under the Agreement will terminate immediately without notice from WILD BISHOP if Customer fails to comply with any provision of the Agreement. Upon termination, Customer shall destroy all copies of Software and Documentation in its possession or control. All confidentiality obligations of Customer, all restrictions and limitations imposed on the Customer under the section titled "General Limitations" and all limitations of liability and disclaimers and restrictions of warranty shall survive termination of this Agreement. In addition, the provisions of the sections titled "U.S. Government End User Purchasers" and "General Terms Applicable to the Limited Warranty Statement and End User License Agreement" shall survive termination of the Agreement.
Customer grants to WILD BISHOP and its independent accountants the right to examine Customer's books, records and accounts during Customer's normal business hours to verify compliance with this Agreement. In the event such audit discloses non-compliance with this Agreement, Customer shall promptly pay to WILD BISHOP the appropriate license fees, plus the reasonable cost of conducting the audit.
Limitation of Liability
The aggregate total liability of WILD BISHOP and its suppliers shall not exceed the price paid by customer to any approved source for the software as from the day of the event or circumstances giving rise to the liability.
Under no circumstances, including but not limited to, delay in delivery, breach of contract, breach of warranty, negligence, tort, strict liability, or use of WILD BISHOP Products and under no legal theory, whether in tort, contract or otherwise shall WILD BISHOP be liable to Customer or any other person or entity for any consequential, special, indirect, incidental or consequential damages, including but not limited to, loss of profits, loss of clientele, loss of turnover loss of revenue, loss of savings, loss of business, damage to or corruption of data, loss of revenue, loss of information, third parties claims or claims for labor, even if any such person or entity has been advised of the possibility of such damages.