Terms and Conditions
1) Preamble: This Agreement, effective on date of purchase, governs the relationship between the user, a private person or company, (hereinafter: Licensee) and Frondiz Limited, a duly registered company in New Zealand (Hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using "Bugify" (hereinafter: The Software) created and owned by Licensor, as detailed herein
2) License Grant: Licensor hereby grants Licensee a single, non-assignable & non-transferable, without the rights to create derivative works, non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running The Software.
2.1) Limited: Licensee may use The Software for the purpose of:
- 2.1.1) Running The Software on Licensee’s Server;
- 2.1.2) Publishing The Software’s output to Licensee and 3rd Parties;
- 2.1.3) Distribute Verbatim Copies of The Software’s output;
- 2.1.4) May not modify The Software in any way;
- 2.1.5) May not distribute or share in any form, the source-code of The Software.
2.2) Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
2.3) Site: Licensee may use The Software on 1 Server.
3) Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee:
- 3.1) became insolvent or otherwise entered into any liquidation process; or
- 3.2) exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or
- 3.3) Licensee was in breach of any of this license's terms and conditions and such breach was not cured, immediately upon notification; or
- 3.4) Licensee in breach of any of the terms of clause 2 to this license; or
- 3.5) Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.
4) Payment: In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee, via any mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.
5) Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to time, with Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor may provide any update or fix free of charge; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.
- 5.1) Upgrades: for the purpose of this license, an Upgrade shall be a material amendment in The Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase The Software under version 1.X.X, an upgrade shall commence under number 2.0.0. The Licensor shall require a fee for Upgrades.
- 5.2) Updates and Fixes: for the purpose of this license, an update shall be a minor amendment in The Software, which may contain new features or minor improvements and shall be marked as a new sub-version number (or sub-sub-version number). For example, should Licensee purchase The Software under version 1.1.X, an upgrade shall commence under number 1.2.0.
6) Support: The Software is provided under an AS-IS basis and without any support, updates or maintenance, unless explicitly stated. Nothing in this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in The Software. However, the Licensee may request support for a fee.
- 6.1) Bug Notification: Licensee may provide Licensor of details regarding any bug, defect or failure in The Software promptly and with no delay from such event; Licensee shall comply with Licensor's request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.
- 6.2) Feature Request: Licensee may request additional features in The Software, provided, however, that (i) Licensee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the feature solely by himself.
7) Liability: To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of The Software’s actions, failure, bugs and/or any other interaction between The Software and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code.
- 8.1) Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
- 8.2) No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that The Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on License’s Server.
9) No Refunds: As The Software is provided as full, un-obfuscated source-code, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.
10) Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
11) Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, costs or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.
12) Contact: Licensor may be contacted via the contact form on bugify.com or one of the following methods:
- 12.1) Physical address: 2178 South Head Road, Helensville RD 1, Auckland 0874, New Zealand.
- 12.2) Postal address: PO Box 633, Kumeu, Auckland 0841, New Zealand
- 12.3) Phone: +64 9 9722567