BIQE Batch Image Quality Enhancer 2.1.1.2

EULA - End User License Agreement

ALANIS SOFTWARE
Terms of Service and End User License Agreement

IMPORTANT: PLEASE READ THIS TERMS OF SERVICE AND END USER LICENSE AGREEMENT (AGREEMENT) CAREFULLY BEFORE USING THE ALANIS SOFTWARE SOFTWARE (REFERENCED HEREIN AS THE SOFTWARE). ALANIS SOFTWARE (ALANIS SOFTWARE AND ALSO REFERRED TO HEREIN AS THE LICENSOR) IS WILLING TO LICENSE THE SOFTWARE TO YOU AS AN INDIVIDUAL OR LEGAL ENTITY (REFERENCED HEREIN AS LICENSEE OR YOU) THAT WILL BE UTILIZING THE SOFTWARE AND ONLY ON THE CONDITION THAT YOU ACCEPT AND ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT APPLIES TO ANY UPDATES FOR THE SOFTWARE PROVIDED TO YOU BY ALANIS SOFTWARE, UNLESS OTHER TERMS SPECIFICALLY COVER THOSE ITEMS. BEFORE INSTALLING AND USING THE "SOFTWARE", YOU SHOULD CAREFULLY READ THIS AGREEMENT ("AGREEMENT") AND YOU MUST CLICK I ACCEPT OR I AGREE IF YOU FULLY ACCEPT AND AGREE TO ALL OF THE PROVISIONS OF THIS AGREEMENT. BY CLICKING I ACCEPT, OR I AGREE, OR OTHERWISE DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE, THESE ACTIONS ESTABLISH A LEGAL, ENFORCEABLE AND BINDING AGREEMENT BETWEEN YOU AND ALANIS SOFTWARE. IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT, YOU SHALL HAVE NO RIGHT TO DOWNLOAD OR USE THE SOFTWARE AND MUST IMMEDIATELY CEASE USING THE SOFTWARE AND DELETE OR REMOVE ALL ASSOCIATED FILES.
SOFTWARE LICENSE GRANT

SOFTWARE LICENSE GRANT
Subject to the terms and conditions of this Agreement, upon purchase of a License to the Software, Licensor grants and Licensee accepts a nonexclusive, nontransferable, non-assignable license to use Software solely in accordance with the terms and conditions of this Agreement, to be installed and/or deployed on the specific number of Hardware (as defined below) controlled by LICENSEE. Licensee may only use the Software in accordance with such specifications, each of which will be referred to as a licensed Hardware. LICENSEE may make one copy of the Software only for backup and archival purposes, only in machine readable form, provided that such archival copy is only used for archival purposes and never in a production environment and is marked with every notice on the original Installation of Software. The license described in this section shall be referred to as a Software License.
SCOPE OF LICENSE GRANT
Notwithstanding any references to purchase, the Software is licensed and not sold pursuant to this Agreement. This Agreement confers a limited license to the Software and does not constitute a transfer of title to or sale of all or a portion of the Software, and LICENSOR retains ownership of all copies of the Software and any documentation, product packaging that accompanies this Agreement is property of ALANIS SOFTWARE or its licensors and fully protected by copyright law. This Agreement governs all updates, releases, or enhancements to the Software that may be provided to you by ALANIS SOFTWARE. LICENSEE acknowledges that the Software contain trade secrets of LICENSOR, its suppliers or licensors, including but not limited to the specific internal design and structure of individual programs and associated interface information. Accordingly, except as otherwise expressly provided under this Agreement, LICENSEE shall have no right, and LICENSEE specifically agrees not to: (i) transfer, assign or sublicense its license rights to any other person or entity, or use the Software on any equipment other than the Hardware (as defined below), and LICENSEE acknowledges that any attempted transfer, assignment, sublicense or use shall be void; (ii) 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; (iii) 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; (iv) 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 LICENSEE; or (v) disclose, provide, or otherwise make available trade secrets contained within the Software in any form to any third party without the prior written consent of LICENSOR.
SOFTWARE INSTALLATION
You may use a License for the Software, with only one individual machine herein referred to as Hardware at a time. Should your license for the Software you use be designed for only one Hardware at a time you may transfer your license to Hardware in the event that you cease to use the Hardware on which the Software was originally installed. If you wish to protect multiple computers, you must obtain a separate paid license for each computer.

SOFTWARE USE
Subject to the terms and conditions of this Agreement, upon purchase of a license to Software, ALANIS SOFTWARE grants and you accept a non-exclusive, nontransferable, non-assignable license to use Software in accordance with its documentation, only for your own use solely on the specific number of computers that you have licensed. In the event that you make any unauthorized modifications to the Software, ALANIS SOFTWARE'S obligations to provide support services are null and void and may also constitute a breach of this Agreement.
You acknowledge and agree that ALANIS SOFTWARE may occasionally send you administrative communications regarding your account or the Software via email.

TERMS AND CONDITIONS GENERAL TERMS APPLICABLE TO SOFTWARE
The Software and its structure, organization, source code, and documentation contain valuable trade secrets of ALANIS SOFTWARE and its licensors, and accordingly you agree not to (and agree not to allow your affiliates, employees, agents, or third parties to) (1) sublicense, lease, rent, loan, transfer, or distribute the Software or any derivative thereof to any third party, (2) modify, adapt, translate, or prepare derivative works from the Software, (3) decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Software, (4) decrypt data or extract portions of the Software's files for use in other applications, (5) remove, obscure, or alter ALANIS SOFTWARE'S or any third party's trademarks or copyright or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software, (6) 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 ALANIS SOFTWARE, or (7) publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Software. LICENSEE shall be responsible and liable for the actions of its affiliates, employees, and agents. In addition, certain third party code may be provided with the Software. The third-party license terms accompanying such code, which may be found at in the license.txt file located in the root installation directory, and not the terms of this Section, will govern your use of such code.
TERMS OF USE
The Software is intended and offered only for lawful use by individuals or organizations with the legal capacity and authority under applicable law to enter into a contract for such products or services. ALANIS SOFTWARE does not offer the Software to minors or where prohibited by law. By registering for and/or by using the Software, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement to adhere to this Agreement, and that you will use the Software only in accordance with these Terms and Conditions and with all applicable laws. If an individual is registering or using the Software on behalf of an entity or organization, that individual warrants, represents, and covenants to ALANIS SOFTWARE that such individual is duly authorized to agree to these Terms and Conditions on behalf of the organization and to bind the organization to them.
ACCEPTABLE USE AND CONDUCT
The Software is made available to you for use in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. You may not sell or distribute the Software to any third party. Any unauthorized use of the Software is a violation of this Agreement. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
(1) You may not use the Software for any unlawful purpose. The Software may not be used in violation of your country's import/export control regulations. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import as may be required;
(2) Licensee is solely responsible for Licensee's (and its employees, consultants and other affiliates of Licensee, for purposes of this section, collectively, the Licensee) conduct. The Software is made available to Licensee for Licensee's use in compliance with all applicable laws, rules and regulations (including local, state, national and international laws and regulations) and must not infringe or violate third party rights. Licensee may not sell or distribute the Software to any third party.
You agree to indemnify, defend, and hold harmless ALANIS SOFTWARE, its officers, directors, employees and its suppliers from any and all loss, cost, liability, and expense arising from your use of the Software, or your violation of th ese terms. You agree to reimburse ALANIS SOFTWARE for any costs or fees related to its enforcement of this Agreement, including without limitation the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by ALANIS SOFTWARE.
FAIR USE POLICY
ALANIS SOFTWARE SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF THE SOFTWARE TO USERS WHO ARE DEEMED BY ALANIS SOFTWARE TO BE USING THE SOFTWARE IN A MANNER NOT REASONABLY INTENDED BY ALANIS SOFTWARE OR IN VIOLATION OF LAW OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO SUSPENDING OR TERMINATING THE LICENSE TO USE THE SOFTWARE.
The Software is designed to serve the needs of particular types of users, i.e. individual consumers or business accounts. If you have purchased a license that is inappropriate for your actual usage, ALANIS SOFTWARE may require you to switch to an appropriate license. Otherwise, ALANIS Software reserves the right to terminate or suspend your license to use the Software, without prior notice, in the event of a violation of this policy.
INTELLECTUAL PROPERTY
You acknowledge that ALANIS SOFTWARE or third parties own all right, title, and interest in and to the Software, portions thereof, or software or content provided through or in conjunction with the Software, including without limitation all intellectual property rights. Except for the license granted in this Section, all rights in and to the Software are reserved, and no implied licenses are granted by ALANIS SOFTWARE.
CONFIDENTIALITY
The Software is a trade secret of LICENSOR and is proprietary to LICENSOR. LICENSEE shall maintain Software in confidence and prevent disclosure of Software using at least the same degree of care it uses for its own similar proprietary information, but in no event less than a reasonable degree of care. LICENSEE shall not disclose Software or any part thereof to anyone for any purpose, other than to employees for the purpose of exercising the rights expressly granted under this Agreement. License shall not, and shall not allow any third party to, decompile, disassemble or otherwise, reverse engineer or attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats, or programming or interoperability interfaces of Software or of any files contained or generated using Software by any means whatsoever. The obligations under this paragraph shall survive any termination of the Agreement.
LICENSEE INDEMNITY
LICENSEE agrees to indemnify and defend LICENSOR, and hold it harmless from all costs, including attorney's fees, arising from any claim that may be made against LICENSOR by any third party as a direct or indirect result of any use by LICENSEE of the Software,
SUPPORT
ALANIS SOFTWARE is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Software will be corrected.
TERM AND TERMINATION
This Agreement is effective upon your download of and access to the Software. You may terminate this Agreement at any time by destroying the Software.
This Agreement automatically terminates if you fail to comply with its terms and conditions. ALANIS SOFTWARE reserves the right to refuse or discontinue participation to any user at any time at its sole discretion. You agree that, upon such termination, you will destroy and permanently erase all copies of the Software.
DISCLAIMER OF WARRANTIES
THE SOFTWARE AND ANY THIRD PARTY SOFTWARE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALANIS SOFTWARE AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE AND SUCH THIRD PARTY SOFTWARE. ALANIS SOFTWARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. ALANIS SOFTWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN STATEMENT, INFORMATION, OR ADVICE GIVEN BY ALANIS SOFTWARE OR ITS RESPECTIVE EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL CREATE ANY WARRANTIES. YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD AND/OR USE OF THE SOFTWARE E AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ALANIS SOFTWARE, OR ITS SUPPLIERS, RESELLERS, PARTNERS, OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SOFTWARE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF ALANIS SOFTWARE AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO ALANIS SOFTWARE FOR THE SOFTWARE. IF THE SOFTWARE IS PROVIDED WITHOUT CHARGE, THEN ALANIS SOFTWARE AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE, FROM INABILITY TO USE THE SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. LICENSOR SHALL NOT BE LIABLE FOR DAMAGES TO LICENSEE'S HARDWARE AND SOFTWARE, LOSS, DESTRUCTION OR CORRUPTION OF LICENSEE'S DATA, LOSS OF REVENUE OF PROFITS AS A RESULT OF LICENSEE'S USE OF THE SOFTWARE.

MISCELLANEOUS PROVISIONS
You acknowledge and agree that the Software which is the subject of this Agreement may be controlled for export purposes. You agree to comply with all import/export laws and regulations of the country of your residence. You assume sole responsibility for any required import/export approval and/or licenses and all related costs and for the violation of any import/export law or regulation. This Agreement shall be governed by the laws the Russian Federation, exclusive of its conflicts of laws provisions and without regard to the United Nations Convention on Contracts for the International Sale of Goods, and any suit under this Agreement shall exclusively be brought in a court of the city of Novosibirsk, the Russian Federation. The failure of ALANIS SOFTWARE to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by ALANIS SOFTWARE. Yo u may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of ALANIS SOFTWARE. ALANIS SOFTWARE may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning.
CONTACTING ALANIS SOFTWARE
Users with questions about this Agreement may contact ALANIS SOFTWARE at: support@alanis-software.com mailto:support@alanis-software.com