INSTALLING AND USING INCREDIBUILD™ OR INCREDIBUILD PRO™ OR INCREDIBUILD ENTERPRISE™ (the “INCREDIBUILD SOFTWARE”) INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, WHICH ARE A LEGAL AGREEMENT BETWEEN YOU, AS EITHER AN INDIVIDUAL OR A BUSINESS ENTITY (“YOU” or “YOUR”) AND INCREDIBUILD SOFTWARE LTD. (“IB”). READ ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“SOFTWARE LICENSE AGREEMENT”) PRIOR TO INSTALLING OR USING THE INCREDIBUILD SOFTWARE. THIS SOFTWARE LICENSE AGREEMENT IS SUBJECT TO CHANGE WITHOUT NOTICE, AND THE CURRENT TERMS OF THE LICENSE ARE THOSE PUBLISHED HEREWITH. THIS SOFTWARE LICENSE AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH IB RELATING TO THE INCREDIBUILD SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST DELETE THE SOFTWARE FROM YOUR HARDWARE.
LICENSE: The Incredibuild Software and the accompanying files, lists, and data (the “Documentation”) are licensed, not sold, to you. Incredibuild Software includes Agent package, IncrediBuild Coordinator, and Solutions (i.e., software modules used by developers or build servers to initiate a build or a computer intensive process named IncrediBuild for Visual Studio, IncrediBuild for Make & Build, IncrediBuild for DevTools), as well as any updates of the Incredibuild Software. Subject to the terms of this Software License Agreement, you have a license (the “License”) as follows: (i) a perpetual, non-exclusive and non-transferable right to use the Agents and IncrediBuild Coordinator, and (ii) a non-exclusive and non-transferable right to use the Solutions for a limited time agreed between you and IB. You may use the Incredibuild Software on a number of computers, in accordance to and not exceeding the number of concurrent installations stated in the purchase order (the “Purchase Order”) of the Incredibuild Software. The Incredibuild Software is “in use” on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard drive, or other storage devices) of that computer.
IB also grants you with a non-exclusive, non-transferable, with the right to terminate at any time and free of charge license to use Incredibuild Free Dev™, provided you download and use only one copy of the software into a single computer in your organization (i.e., same legal entity in any form of organization). All terms and conditions applied herein to the Incredibuild Software shall also apply to the Incredibuild Free Dev™, mutatis mutandis.
You agree to use your best efforts to prevent misuse of the Incredibuild Software and protect the contents of the Incredibuild Software and Documentation from unauthorized disclosure or use. IB reserves all rights not expressly granted to you.
EMBEDDED SOFTWARE: You acknowledge that the Incredibuild Software licensed hereunder contains third party component that is licensed pursuant to its own terms and conditions (“Embedded Software”) by its third party licensor, as specified below. A copy or location of the license associated with such Embedded Software is provided below. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMBEDDED SOFTWARE IS PROVIDED BY THE THIRD PARTY LICENSOR “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE THIRD PARTY LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY PECUNIARY LOSS) HOWEVER CAUSED AND ON ANY THEORY OR LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF OR INABILITY TO USE THE EMBEDDED SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
LIMITATION ON USE: You may not, directly or indirectly: modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), create derivative works based on, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Incredibuild Software or the Embedded Software; or copy (except for archival purposes as set forth above), rent, lease or distribute rights to the Incredibuild Software or the Embedded Software; use the Incredibuild Software or the Embedded Software for timesharing or service bureau purposes; or remove any proprietary notices or labels on the Incredibuild Software or the Embedded Software. You may transfer your rights under this Software License Agreement on a permanent basis provided you transfer all copies of the Incredibuild Software and all written materials, and the recipient agrees to the terms of this Software License Agreement.
TITLE: As between the parties, title, ownership rights, and intellectual property rights in and to the Incredibuild Software, and any copies or portions thereof, shall remain in IB and its Licensors or third parties to which IB has lawfully assigned or sold its rights. The Incredibuild Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to any software, data, information, text, pictures, images, or other content accessed through the Incredibuild Software, including, but not limited to the Embedded Software, is the property of the applicable owner and may be protected by applicable copyright or other law.
DISCLAIMER OF WARRANTY: THE INCREDIBUILD SOFTWARE AND ANY SERVICES THAT YOU RECEIVE FROM IB ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. IB AND ITS SUPPLIERS, LICENSORS AND VENDORS, HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE INCREDIBUILD SOFTWARE AND THE ACCOMPANYING PRODUCT MANUAL(S) AND WRITTEN MATERIALS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
LIMITATION OF LIABILITY: You assume the entire risk as to the quality and performance of the Incredibuild Software. IB assumes no liability for the cost of any service or repair if the Incredibuild Software is defective. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL IB, ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL IB, ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF IB’S LIST PRICE FOR A LICENSE TO THE INCREDIBUILD SOFTWARE PAID BY YOU, EVEN IF IB, OR ITS SUPPLIER, LICENSOR OR VENDOR, SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
TERMINATION: In the event of your material breach of any term of this Software License Agreement, IB may, at its sole discretion, terminate this Software License Agreement, the License granted herein, and your right to use or access the Incredibuild Software at any time. On termination, you must destroy all copies of the Incredibuild Software.
VERIFYING COMPLIANCE: You agree to keep all usual and proper records relating to the Incredibuild Software you run. We may request that you conduct an internal audit of all copies of the Incredibuild Software in use throughout your organization, comparing the number of copies of the Incredibuild Software in use to the number of effective licenses issued in your name under the Purchase Order, at any time up to one year after the authorization number expires. Following any audit, you agree to deliver to us a written statement signed by your authorized representative, certifying that either (i) you have sufficient licenses to permit all usage disclosed by the audit or (ii) you have ordered sufficient licenses to permit all usage disclosed by the audit. By requesting an audit, we do not waive our rights to enforce this Software License Agreement or to protect our intellectual property by any other means permitted by law.
EXPORT CONTROL: You acknowledge that the laws and regulations of the United States, as well as other foreign authorities, may restrict the export and re-export of certain commodities and technical data, including the Incredibuild Software and Documentation. You agree not to export or re-export the Incredibuild Software and Documentation in any form without the appropriate United States and foreign governmental licenses.
USE OF DATA: Upon registration to use the License to the Incredibuild Software, IB will request that you provide, inter alia, contact information. IB uses this information to provide you with the license file to the Incredibuild Software and contact you to provide you with important information, required notices and marketing promotions. IB also reserves the right to use your name and logo to present you as a customer in IB’s website and other social media advertising or marketing promotions IB makes from time to time.
MISCELLANEOUS: This Software License Agreement and the terms stated in the invoice, where available, represent the complete agreement concerning this License between the parties and supersede all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Software License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
CHOICE OF LAW AND JURISDICTION: This Software License Agreement shall be governed by and construed exclusively under and pursuant to the laws of Israel, exclusive of the laws relating to conflict of laws. The Courts in Tel Aviv, Israel shall have exclusive jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts. The parties specifically disclaim the UN Convention for Contracts for the International Sale of Goods.
Created and produced by IncrediBuild. http://www.IncrediBuild.com
Portions of the IncrediBuild Software utilizes QuickLZ (under a commercial license to be found at: www.quicklz.com/order.html).