END USER LICENSE AGREEMENT

THANK YOU (LICENSEE)  FOR CHOOSING TO USE THE BEVARA PRESERVE AND ACCESS SOFTWARE APPLICATIONS AND RELATED SERVICES PROVIDED BY BEVARA (COLECTIVELY “SOFTWARE”) PLEASE READ THIS END-USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE LICENSEE AGREES TO THE TERMS OF THIS EULA. IF LICENSEE DOES NOT AGREE, DO NOT DOWNLOAD, INSTALL, COPY, OR OTHERWISE USE THE SOFTWARE.

Licensee is granted a limited license to use this Software in accordance with the terms of this license. By accepting this Agreement licensee agrees to be bound by these Terms, or if use of Software is done on behalf of an organization, Licensee is agreeing to these Terms on behalf of that organization. Such Agreement is by between Licensee as “licensee” and Bevara Technologies, LLC, a company duly formed under the laws of Massachusetts USA, which registered and office located at 44 Waverly Street, Belmont, MA 02478, USA.

TERMS

I. LICENSE

  1. Licensee may install, use, access, display and run at a Single location (“Site”) as many copies of the Software as required.
  2. Licensee may not distribute copies of the Software or the accompanying documentation to third parties not located at the Site without written permission of Bevara Technologies, LLC.
  3. Licensee may not remove any proprietary notices, copyright notices, or trademarks on the Software or documentation.
  4. Licensee may not modify, decompile, disassemble, reverse engineer or translate the Software, except and only to the extent that such activity is expressly permitted herein this Agreement.
  5. Licensee may not rent, lease, lend or provide commercial hosting services with the Software.
  6. Licensee acknowledge that the Software is subject to U.S. export jurisdiction. Licensee agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.

II. Licensee Responsibilities

  1. Bevara is not responsible for any loss of the underlying material in any kind, therefore, Licensee should always keep an original version of the files.
  2. Data preserved by Bevara Preserve is done so with an accessor which must remain intact to be used. Licensee is responsible for maintenance of their bvr files, including sufficient channel coding to protect against media errors.
  3. Bevara does not guarantee that the preservation meets any standard of quality or service. Licensee bears the burden of confirming that the preservation meets their
    requirement.
  4. Some Content may be protected by third party intellectual property rights. Do not copy, upload, download or share content unless Licensee have the right to do so.

III. Software

Software may update automatically from time to time. So long as Licensee complies with these Terms, we give Licensee a limited, nonexclusive, nontransferable, revocable license to use the Software. Unless the following restrictions are prohibited by law, Licensee agrees not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

IV. Intellectual Property

  1. Bevara, Bevara Preserve, Bevara Access, and associated logos are trademarks of Bevara Technologies, LLC.
  2. The Software is protected by patent, copyright, trademark, and/or other US and foreign laws. These Terms do not grant Licensee any right, title or interest to Intellectual Property used by the Software, others’ content in the Services, Bevara trademarks, logos and other brand features. Any feedback provided to Bevara related to the Software may be used to Bevara’s advantage without any obligation to licensee.
  3. Licensee retains full right to the content of the material provided to the Software. These Terms do not give Bevara any rights to the underlying material except for the limited rights required to enable use of the Software.
  4. Bevara respects the intellectual property rights of third parties and in turn requests licensee also respects the intellectual property rights of third parties. Bevara responds accordingly to notices of legally compliant notices of alleged infringement, any such notices should be reported directly to Bevara using the below address. Bevara retains the right to remove, delete or disable any aspect of the software, content or otherwise infringing aspects of the Software and may terminate the license to the user. IP Infringement Notices should be directed to:

IP Agent
Maja Bystrom, CEO, Bevara Technologies, LLC  support@bevaratechnologies.com

  1. Under this Agreement, Licensee has access to source code for Bevara Access, however in the case of Bevara Preserve Licensee only has right to the access only the executable code. Licensee is not granted any right to decompile or otherwise manipulate Bevara Preserve. Any access to of modification of the Bevara Access source code must be done in compliance with the underlying license of GPAC found at (http://gpac.wp.mines-telecom.fr/) or by contacting GPAC directly for details.

VI. Termination

  1. Licensee may terminate use of the Bevara Software at any time. Bevara may terminate use of the Software at any time without notice.
  2. Bevara may terminate this Licence immediately by written notice to Licensee if:
    • Licensee commits a material or persistent breach of this Licence which Licensee fails to remedy (if remediable) within 14 days after the service of written notice requiring Licensee to do so; or
    • a petition for a bankruptcy order to be made against Licensee has been presented to the court; or
    • where Licensee is a company, Licensee becomes insolvent or unable to pay Licensee debts (within the meaning of section 123 of the Insolvency Act 1986), enter into liquidation, whether voluntary or compulsory (other than for reasons of bona fide amalgamation or reconstruction), pass a resolution for Licensee winding-up, have a receiver or administrator manager, trustee, liquidator or similar officer appointed over the whole or any part of Licensee assets, make any composition or arrangement with Licensee creditors or take or suffer any similar action in consequence of Licensee debt.
  3. Upon termination for any reason:
    • all rights granted to Licensee under this Licence shall cease;
    • Licensee must cease all activities authorised by this Licence;
    • Licensee must immediately pay to the Licensor any sums due to the Licensor under this Licence; and
    • Licensee must immediately delete or remove the Software from all computer equipment in Licensee possession, and immediately destroy all copies of the Software then in Licensee’s possession, custody or control and, in the case of destruction, certify to the Licensor that Licensee have done so.

VI . Warranty “AS IS”

TO THE FULLEST EXTENT PERMITTED BY LAW, BEVARA AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH LICENSEE.

VII. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEVARA BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF COMMUNITY PROFESSIONAL LOUDSPEAKERS OR ANY SUPPLIER, AND EVEN IF COMMUNITY PROFESSIONAL LOUDSPEAKERS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MULTIMEDIA TECHNOLOGIES SUCH AS PROVIDE HEREIN ARE OFTEN COVERED BY INTELLECTUAL PROPERTY WHICH MAY BE DIFFICULT TO IDENTIFY. BY INSTALLING THIS SOFTWARE LICENSEE ACKNOWLEDGE THAT THERE MAY BE AN INSTANCE IN WHICH THERE IS AN ALLIGATION OF INFRINGEMENT AND THAT THERE MAY BE ADDITIONAL SURCHARGE APPLIED TO THE USE OF THE SOFTWARE. BEVARA IS IN NO WAY LIABLE FOR ANY INFRINGINGMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR INFRINGING USE OF THE SOFTWARE.

VIII. Disputes Resolution

  1. Before filing a claim against Bevara, Licensee agrees to try to resolve the dispute informally by contacting Maja Bystrom, CEO, Bevara Technologies, LLC support@bevaratechnologies.com If a dispute is not resolved within 45 days of submission, Licensee or Bevara may bring a formal proceeding.
  2. Arbitration. Licensee and Bevara agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
  3. Opt-out of Agreement to Arbitrate. Licensee can decline this agreement to arbitrate by notifying Bevara Technologies via email to support@bevaratechnologies.com within 30 days of first accepting these Terms.
  4. Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held Belmont Massachusetts or any other location we agree to.
  5. Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Bevara will pay all arbitration fees for claims less than $75,000. If Licensee receives an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay Licensee $1,000 in addition to the award. Bevara will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that Licensee’s claim is frivolous.
  6. Exceptions to Agreement to Arbitrate. Either Licensee or Bevara may assert claims, if they qualify, in small claims court in Middlesex County, Massachusetts or any United States county where Licensee lives or works. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
  7. No Class Actions. Licensee may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
  8. Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to Licensee or licensee claim, Licensee and Bevara agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Middlesex County, Massachusetts. Both Licensee and Bevara consent to venue and personal jurisdiction there.

IX. Entire Agreement

These Terms constitute the entire agreement between Licensee and Bevara with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

X. Waiver, Severability & Assignment

Bevara’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. Licensee may not assign any of Licensee rights under these Terms, and any such attempt will be void. Bevara may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

XI. Modifications

Bevara may revise these Terms from time to time without notice to Licensee. By continuing to use or access the Services after the revisions come into effect, Licensee agree to be bound by the revised Terms.  Current terms of service may be found on the website www.bevaratechnologies.com.

XII. Force Majeure

Notwithstanding anything else contained in this License Agreement, neither Party shall be liable for any delay in performing its obligations hereunder if such delay is caused by circumstances beyond the reasonable control of the Party so delaying including but not limited to strikes, lock outs, labor disputes, acts of God, war, riot, civil commotion, malicious damage, acts of terrorism, compliance with any law or government order, rule, regulation or direction, accident, fire, flood or storm and such party shall be entitled (subject to giving the other party full particulars of the circumstances in question and to using its best endeavors to resume full performance without avoidable delay) to a reasonable extension of time for the performance of such obligations

XIII. RESERVATION OF RIGHTS AND OWNERSHIP

Bevara reserves all rights not expressly granted to Licensee in this EULA. The Software is protected by copyright and other intellectual property laws and treaties.

XIV. GOVERNING LAW

This License Agreement shall be governed by the laws of the Commonwealth of Massachusetts and the United States of America.