Please read this EULA carefully, as it outlines the terms and conditions upon which the Software is licensed for use.
One should not use the software, if do not agree to this EULA.
1. Definitions and interpretation
1.1 – In this EULA:
“EULA” refers to this end user licence agreement (including the preamble), and any amendments made to it with time;
“Computer” refers to a laptop, desktop similar computer in possession and control of the Licensee;
“Force Majeure” refers to an incident outside the control of affected party. This includes problems with the internet, power failures and changes to the law);
“Effective Date” refers to the date when the Licensee expresses agreement to the terms and conditions as detailed in the preamble to this EULA;
“Intellectual Property Rights” refers to all registered or unregistered intellectual property rights in the world, which include applications or rights of applications for such rights (and the “intellectual property rights” mentioned above cover copyright and related rights, trademarks, trade names, unfair competition rights, confidential information, business names, database rights, petty patents, trade secrets, service marks and patents);
“Licensor” means Webbee Inc, a Limited Liability Company located in Pakistan;
“Licensee” refers to the licensee of the Software under this EULA;
“Software” means Webbee SEO Spider including any Upgrade; and
“Upgrade” means an update, improvement or enhancement to the Software made by the Licensor. No patch will be introduced by the licensor.
2. Term of EULA
This EULA will be enforced on the Effective Date and will continue to be in force indefinitely, unless the contract is being terminated according to Clause 8.
3.1 – The Licensee can use the Software for their business, internal business or own private purposes and according to the provisions of this Clause 3.
3.2 – Subject to payment by the Licensee of relevant charges and fees with regard to the Software licence, and the Licensee’s adherence with Clause 3.4 and other provisions of this EULA, the Licensor gives the Licensee a non-transferable but useable licence to:
(a) download and install the Software on computers under ownership and control of the licensee on the condition that not more than two authorized users (one user authorized by Licensor, and one user authorized by the Licensee) will use the software at any time.
(b) use 2 instances of the Software anywhere in the world with one single licence as stated in 3.2(a);
3.3 – The Licensee does not have the right to:
(a) copy the Software or any part of the Software other than according to the licence granted in this Clause 3;
(b) sell, rent, resell, lease, supply, loan, distribute, publish, redistribute or re-publish the Software or any part of the Software;
(c) modify, adapt, alter, create derivative works of, or translate or edit, the Software or any part of the Software;
(d) decompile and/or reverse engineer the Software or any part of the Software;
(e) remove and/or circumvent the technological measures of the Software to prevent unauthorized use,
3.4 – All Intellectual Property Rights in the Software are and will remain the property of the Licensor.
4. Other Users
The Licensee can allow any other person to use the Software and its rights granted by the Licensee to the Licensor under the conditions specified by Licensor, as in clause 3.
5.1 – The Licensee must quickly apply to the Software every Upgrade released by the Licensor and supplied by the Licensor to the Licensee from time to time.
5.2 – The Licensor will have no restriction to provide support for the Software under Clause 10 or replace or repair the Software under Clause 10.2(c) with regard to any version of the Software that does not integrate recent Upgrades to the Software.
6. Limited warranties
6.1 – The Licensee warrants to the Licensor that it possesses the authority and legal right to enter into and perform its duties under this EULA.
6.2 – The Licensor warrants to the Licensee:
(a) that it has the authority and legal right to enter into and perform its duties under this EULA;
(b) that the usage of the Software by the Licensee according to the terms of this EULA will not violate the Pakistan Intellectual Property rights of any third party;
6.3 – The Licensee acknowledges that:
(a) the Software may not be free of errors and that non-material errors in the software will not result in a violation of this EULA;
(b) the Software has not been created to fulfill the specific requirements of the Licensee, and accordingly the Licensee will have the responsibility to ensure that the Software is fitting to meet the Licensee’s requirements.
6.4 – All of the parties’ accountabilities and duties with respect to the subject matter of this EULA are expressly outlined herein. To the maximum limit allowed by applicable law, no other terms regarding the subject matter of this EULA will be implemented into this EULA or any related contract.
7.1 – The exclusions and limitations of liability head off in this Clause 7:
(a) are subject to Clause 7.2; and
(b) govern all liabilities being issued under the EULA or with regard to the subject matter of the EULA, including liabilities being issued in contract, in tort (including oversight) and for breach of statutory duty.
7.2 – Nothing in the EULA will:
(a) exclude or limit the liability of a party for death or personal injury as a result of negligence;
(b) exclude or limit the liability of a party for fraud or fraudulent representation by that party;
(c) limit any liability of a party in ways that are not allowed under applicable law; or
(d) exclude any liability of a party that cannot be excluded under applicable law,
and, if you are a customer, any statutory rights you have, which cannot be limited or excluded, will not be impacted by the EULA.
7.3 – Where the Licensee is a consumer, the Licensor’s aggregate accountability to the Licensee will not be more than:
(a) the price you pay for the particular software item resulting in damage, or
i) $15 for Economy Package
ii) $45 for Silver Package
iii) $74 for Gold Package
iv) $129 for Bee Special Package
7.4 – The Licensor will not be accountable to the Licensee for any losses as a result of a Force Majeure Event.
7.5 – The Licensor will not be accountable to the Licensee for any business losses, such as damages to or loss of profits, revenue, income, production, use, anticipated savings, contracts, business, commercial opportunities or goodwill.
7.6 – Where the Licensee is a consumer, the Licensor will not be accountable to the Licensee for any indirect, special or consequential damage or loss.
7.7 – Where the Licensee is a consumer, the Licensor will not be accountable to the Licensee for any corruption or loss of data, software or database.
This EULA will terminate immediately if:
(a) the Licence expires;
(b) the Licensee violates any provision of this EULA;
(c) the Licensee:
(i) Its business comes to an end;
(ii) is bankrupted;
(iii) is or becomes unable to pay its debt on due dates;
(iv) becomes or is declared insolvent;
(d) the Licensee signs an agreement for ending up.
9. Effects of termination
9.1 – Upon termination all the provisions of this EULA will stop having effect, except that the following provisions will survive and continue to be effective (according to their terms or otherwise indefinitely): Clauses 1 and 7.
9.2 – Termination of this EULA will not impact any party’s accrued rights and accountabilities.
9.3 – Except as provided in this EULA, the Licensee will not be required to issue a refund upon the termination of this EULA.
10.1 – The Licensee will be provided email support by the Licensor during the period of the licence to resolve issues with the Software raised by the Licensee acting moderately.
10.2 – The Licensee acknowledges that:
(a) the Licensor’s restriction under Clause 10.1 is subject to such limits (as to time spent related to an issue and in relation to the Licensee on average) as the Licensor may evaluate from time to time;
(b) the Licensor’s sole restriction under Clause 10.1 is to make reasonable attempts to resolve issues mentioned by the Licensee;
(c) the Licensor, to the licensee or authorized user by licensee as per clause 3.2(a), will not give any on-site support under this EULA; and
(d) the Licensor does not represent or warrant that issues will be resolved through support services.
10.3 – The Licensor holds the right to subcontract any of its responsibilities to any third party under this Clause 10.