Universal Software License contract

of the “YAMBUU” program

 

 

All the effects related to the rights of usage of the computer program or software are subject to the terms of the Software License Contract described herein.

 

The licensee or user has the obligation to read this document carefully and once all of the clauses of this instrument have been understood, he/she will bestow his/her acceptance to the terms under the Software License Contract and will be able to download it for its respective use.

 

It is the obligation of the Licensee or User to carefully read the Application User Manual. Any negligence due to incorrect use of the tool will be full responsibility of the Licensee or User.

 

The conditions of the present Software License Contract, from now on referred to as “license”, must be fully understood and accepted before downloading or using the “YAMBUU” software.

 

Downloading and use of the “YAMBUU” software will be interpreted as unmistakable point of fact that the terms and conditions of this license have been accepted. If the conditions are not accepted, “YAMBUU” software should not be downloaded or used.

 

CONSIDERATIONS: The use and download of the present software can be used to reproduce the exclusive content specified herein. The license granted is exclusively for the reproduction of the material that is legally authorized to be reproduced through this legal instrument.

 

1. By means of this contract, a license for use is granted which under no circumstances implies sale of the software, whose use will be carried out solely under the terms of this Software License, under the backups, immersed documentation and any type of description that forms part of this License whether/be it in disc, read only memory of the computer, in any other backup or any other form.
    

2. The present license reserves all rights under the extent of authorization and use that are not expressly granted to the Licensee. The rights hereby granted solely include the use and utilization without the right to the commercialization of the software. The rights granted in compliance with the terms of the present License are related to any software update that substitutes and/or complements the original product of the Software, unless the aforementioned update withholds its own license.
    

3. The rights of ownership and intellectual property of any of the contents shown or logged in through the Software belong to the proprietors of the corresponding content. Such content is protected by the laws and treaties active with regards to intellectual property and copyright and are subject to the conditions of use hereby specified. Therefore, this License does not grant any right for the use and/or exploitation of such content.
    

4. “YAMBUU”, is a software that adds security and control over the information shared by users through mails immersed in the application.
    

5. “YAMBUU” is not a mail client server, hence does not save, copy or duplicate the content of the mail or its attachments. That is to say, it does not possess this information under any form in its database or platforms.
    

6. “YAMBUU” does not know nor have access to the contents of the information.

 

2. Allowed uses, limitations and restrictions of the License.

 

A. In accordance with the terms and conditions of this License, a non-exclusive and limited license is granted to install and use a copy of the “YAMBUU” software. This license does not allow the license software to be found in more than one computer at the same time nor for it to be available through a network to be used by multiple computers at a time.

 

B. The User will not be able to and agrees not to allow third parties, including those working under him/her such as collaborators, employees or having any other relationship with the User, whether it be due to commercial effects or any other nature, to copy, decompile, invert, disassemble, or try to obtain the source code, nor to decipher, modify or create tasks derived from the software nor from any of its parts, with the exception of the cases expressly permitted under the terms of this license.

 

C. The rights granted by this License will expire automatically without warning in the case of non-compliance from the part of the User to any of the terms hereby mentioned, suffice for this purpose the sole consideration of knowledge, when an infringement to this License has been detected, whether in direct form or by an exogenous event related to the application, without prejudice to action and all the actions that must be carried out, including legal actions, to compensate for the harm afflicted.

On the other hand, in case of a new version of the software turning up which implies modifications to the previous one, the present contract will subsist as long as it is within the term of validity of the granted license. In the case that the new version of the software is not compatible with the operating system used by the User, the User will be alerted such that the necessary adjustments be carried out in order for the “YAMBUU” software to work normally, being his/her full and exclusive responsibility to carry them out.

 

D. “YAMBUU” Software does not have direct access, nor does it save as a database the mails which, due to the effects of the program, pass by circulation through the system, which the User shares through email.

E. The application has an access code and the User is fully responsible for its correct handling by keeping all the safeguards of its management such that any access to the account will be granted in terms of its good use.

 

3. Transfer prohibition. The present software cannot be object of any agreement or settlement that implies hiring, renting, lending, selling, redistributing nor sublicensing of the Software, and the prohibition extends to not keeping any copy, total or part of the Software licensed, including copies stored in a computer or any other storage device, including the prohibition of using the Software for the development of any other similar and/or analog software. Furthermore, it is expressly prohibited to carry out a breakup and/or carry out breakup simulations of the components of the Licensed Software since they have been supplied as part of a unit and as such, cannot no be nor will be broken up from such unit nor distributed as independent applications.

 

4. Consent for the use of data. The Licensee as user of the Licensed Software expresses and consents that at present or in the future, diagnostic, technical and any other related type of information be collected, kept, processed and used, including information of non-limitative nature, information on the computer, system, applications and peripherals which are collected periodically as part of the Software updating processes, technical support of the product and other services supplied in relation to the Software or with the purpose of verifying the fulfillment of the terms of the present license. This information will be used exclusively in order to improve the product or in order to provide other services or technologies.

 

5. License expiration. The present License will expire once its validity expires. The rights granted by this license will also automatically lose validity without warning if any of the terms of this License are not fulfilled by the Licensee.

 

6. The User, in the case of license expiry, will be able to check without limitations his/her emails in full form through the free exempt special version.

 

7. Warranty exclusion. The licensee expressly acknowledges and accepts that the use of “YAMBUU” software is carried out under his/her exclusive risk, being fully aware of its content, elements and other instruments inherent to the software; therefore, takes on to him/herself that which is related to satisfactory quality, performance, and the accuracy within the limits permitted by law, since the licensed software is supplied with the technical conditions of development for this type of products, without being assertive but merely limited to possible shortcomings which are normal and amendable in this type of applications.

 

The installation of this software can affect the functionality of the software, applications or services provided by third parties. The user also acknowledges that the licensed software and the services are not destined to nor are adequate to be used in situations or environments in which failures, delays, errors or inaccuracies in the content, the data or the information provided by the licensed product or the services could cause personal injury, serious physical harm, or serious damage to the environment, including, without being assertive but merely limited to, activities in nuclear plants, air navigation, communication systems, air traffic control equipment, hospital facilities or weapons equipment.

 

In the case of there being an eventuality that the licensed software is not executed normally due to problems derived from the User, especially in the systems being used, leading to defects in the application, the full cost of all the necessary services, repairs and corrections will be of his/her full responsibility, taking into account that the regulations in some countries does not allow the exclusion of implicit warranties or limitations to the rights legally provided to the consumer.

 

8. Limit of responsibility. There will be no responsibility in any case that could be ascribed to the Software holder, within international legal limits, agreements and standards of personal or moral harm or lost profits or damages, nor of special damages, direct or indirect, including, without being assertive but merely limited to damages due to the loss of benefits or data, the interruption of business or any other type of damage or commercial loss resulting from or related to the use or misuse of the licensed software, whatever may have been the cause that produced it, and independently from the theory of liability due to non-fulfillment of the contract, wrongdoing or others, or even if information has been given on the possibility of this damage.

 

9. Software Administration as End User. “YAMBUU” Software and the related documentation are considered “commercial items”, pursuant with International Trade Regulations, constituting “computer software for commercial use” and “documentation of computer software for commercial use”. Computer software for commercial use and documentation of computer software for commercial use is marketed under the guidelines, estates and inherent regulations, national as well as international, applicable to these events, such that the User, acknowledges full validity in the License Contract hereby established and which fully adheres to taking advantage of the alternative and possibility of Use of this License.

 

10. Applicable Law and Independence of the stipulations. The present license will be governed and interpreted according to the applicable laws under Copyright and Regulations of Intellectual Property. If, for any reason, a competent court of law declares non demandable or ineffective any disposition of the present License or part of it, the rest of the License will maintain full validity and effect.

 

11. Integral Contract. The present License constitutes the full agreement for use with respect to “YAMBUU” Software. The translations of this License are carried out with the aim to meet the demands of the users and, in the case any conflict arising between the English version and any version in other languages, the former will always prevail, to the extent that it does not oppose local legislation of its jurisdiction.