Boecillo editora Multimedia, S. A. (BeM)
Software Licence "DICCIONARIO TESOROS"
Please read this Software Licence contract carefully for "DICCIONARIO TESOROS" (hereinafter referred to as LICENCE) before proceeding with the purchase. The use of the Software for "DICCIONARIO TESOROS" shall be interpreted as an unequivocal fact with regard to which you accept the terms and conditions of this Licence. If you do not accept these conditions click on the button "I DO NOT ACCEPT"
1. General: BeM grants you (does not sell you) a licence for using the software exclusively under the terms of this Licence, whether on disc, computer read-only memory (ROM), on any other support or format. BeM reserves all rights not expressly granted to you. The use rights granted in this contract only refer to intellectual property rights exclusive to BeM and do not include any other intellectual property right or patent owned by third parties.
2. Permitted Uses and Restrictions of the Licence. This Licence allows installing and using the Software "DICCIONARIO TESOROS" on the one piece of equipment (computer). It is strictly prohibited to use or install it on a network which permits its use on various computers at the same time. You may make a copy on a legible format by computer purely for back-up copy purposes provided that it contains all the information regarding author's rights and copyright or other rights relating to the property contained on the original. Unless expressly permitted in this Licence or by the legislation in force, you may not copy, decompile, obtain the code of or disassemble the Software "DICCIONARIO TESOROS". Nor are you permitted to modify or create work derived from, or based on the software or on any of its parts.
The Software "DICCIONARIO TESOROS" is not intended for using in aviation navigation activities, systems for air traffic control, hospital installations or other equipment in which a software failure could cause death, personal serious injury or serious environmental damage.
3. Transfer. It is expressly prohibited to rent, lease, lend or distribute BeM Software. Nevertheless, the rights contained in this Licence can be permanently transferred and once only provided that: a) you transfer the totality of the BeM Software, including all the components, original supports, printed documentation and this Licence to a third party; b) no copy is kept, either total or partial, of the BeM Software, including the copies stored on a computer or on any other storage device and c) the other party EXPRESSLY reads and accepts the terms of this Licence.
4. Consent for Data Use. You declare that you agree to BeM compiling and using technical information and other related information which includes, of a purely illustrative and non-limitative nature, the technical features of your computer, system software, applications and peripheral devices, which is compiled periodically as part of software updating services, product technical support and other services (if existing) which are provided in relation with the BeM Software or for the purposes of verifying compliance with the terms of this Licence.
5. Licence Expiry. This Licence is valid until it is cancelled or finalised . The rights granted to you by this Licence shall automatically be cancelled, without prior notice, by BeM if any of its terms are breached. Once the Licence is no longer in force you must stop using the BeM Software and destroy any copies, total or partial, of this software.
6. Limited Warranty for the Supports. BeM guarantees that the support on which BeM software is recorded and distributed has no material and manufacturing defects in normal conditions of use and during a period of ninety (90) days as from the initial retail purchase. Your only right under this section, as decided by BeM, shall be the refund of the purchasing price of the product which contained the BeM software or the replacement of the BeM software, which will be returned to BeM with a copy of the receipt.
This limited warranty and any warranties including implied warranties and/or conditions related to the supports, including implied warranties and / or tradeability conditions, satisfactory quality or suitability for a specific purpose, are limited to the duration of ninety (90) days as from the date of the retail purchase. Some laws do not permit limitations with regard to the duration of the implied warranties, as such in this case the aforementioned limitation may not be applicable. The limited warranty provided in this section is the only one which is offered and replaces any others (if there were any), derived from any type of documentation or package. This limited warranty grants you specific rights. You may also have other rights depending on the applicable inalienable right.
7. Exclusion of Warranties. You expressly recognise and accept that the use of BeM software (as defined above) is done so exclusively at your own risk and that you fully assume the risk with regard to satisfactory quality, output, accuracy and effort. With the exception of the stipulations in the limited warranty on the abovementioned support and up to the limits permitted by the legislation in force, BeM software is supplied "exactly as presented", with all its possible defects and without any type of guarantees. BeM excludes any guarantees and/or conditions, whether specific, implied or legal, including, of a purely illustrative and non-limitative nature the warranties and/or implied conditions of tradeability, satisfactory quality, suitability for a specific purpose, accuracy, enjoyment and the non-breaching of third party rights, all with regard to BeM software. Without affecting your use and enjoyment of BeM software, BeM does not guarantee that the functions contained on the BeM software satisfy your requirements, that the BeM software functions uninterruptedly or without errors or that the defects of the BeM software shall be corrected. No written or verbal information or advice provided by BeM or by an authorised representative of BeM shall constitute any guarantee. Taking into account that the implied standard in some countries does not permit the exclusion of implied warranties or limitations from the legally provided consumer rights, the above exclusion may not be applicable.
8. Limitation of Liability. BeM shall not, under any circumstances, be liable within the legal limitations for personal injury or financial loss or general damage, nor for special damages, direct or indirect, including, of a purely illustrative and non-limitative purpose, financial loss, damage due to a loss of data, the interruption in the business activity or any other type of damage or commercial losses resulting from or related to the use or incorrect use of BeM software, regardless of how it has been caused and independent of the theory of civil liability (contractual or extra-contractual liability or others) and even if BeM has been informed of the possibility of this damage. Some countries do not permit the limitation of liability to personal injury, financial loss or general damage, direct or indirect and, as such, this limitation may not be applicable. BeM's total liability for damages (other than those covered by the legislation in force in the case of personal injury) shall not, under any circumstances, exceed the quantity of four euro (€4.00). The aforementioned limitations shall be applicable even if the cited repair breaches it fundamental objective.
9. Control of Exports. You shall not be able to use, nor export or re-export, BeM software unless in the format permitted by the legislation in force in the Kingdom of Spain and in the country in which the BeM software was obtained. Likewise, you are obliged not to use the BeM software for any purpose prohibited by Spanish legislation, including, of a purely illustrative and non-limitative nature, the development, design, manufacture or production of missiles or nuclear, chemical or biological weapons.
10. Applicable Law and Independence of the Stipulations. This Licence is of a civil nature and shall be governed and interpreted according to its own set of clauses and, in their absence, by the Civil Code and the applicable standards of the Kingdom of Spain. This Licence shall not be governed by the convention of the United Nations regarding contracts for the international sale of goods, the application of which is expressly excluded. If, for any reason, a competent court were to declare any provision or part of this Licence as unenforceable or ineffective this shall not affect the overall validity of this Licence.
11. Whole Contract; Language. This Licence constitutes the complete agreement between the parties with regard to the use of BeM software as granted by the Software Licence in this document and replaces all other previous or current agreements related to its purpose. This Licence can only be modified by written agreement signed by BeM. The translations of this Licence are awarded for the purpose of satisfying the demands of local users and, in the event of any conflict arising between the version in Spanish and any other of the versions in other languages, the Spanish version shall always prevail.
12. APPLICABLE JURISDICTION. The parties, expressly relinquishing their own jurisdiction - except for anything applicable to it as required by law - submit to the Courts of Valladolid (Spain) for the resolution of any conflicts.
