This License Agreement is a legal agreement between you (either an individual or legal entity) and Incredible Bee Ltd., a limited liability company established and existing under the laws of Austria (hereinafter ‘Incredible Bee') for the use of MainMenu.
The MainMenu Software (the computer programs in machine readable object code form issued by Incredible Bee pursuant to this License Agreement) together with the Documentation (all manuals, user documentation and other related materials pertaining to the MainMenu Software) and/or other materials distributed with the MainMenu disk image, CD or any other media containing these materials) is licensed, not sold, to you by Incredible Bee, and Incredible Bee reserves all rights not expressly granted to you within this license agreement. Under no circumstances shall source code of MainMenu be made available to you by Incredible Bee. The MainMenu Software and Documentation are collectively referred to as 'MainMenu'.
By downloading, installing, copying or otherwise using all or any portion of the MainMenu Software you agree to be bound by the terms of this License Agreement. If you do not agree to this License Agreement, do not use the MainMenu Software. If you purchased MainMenu and do not agree to this License Agreement, you may obtain a refund of the purchase price provided that you a) do not use the MainMenu Software, and b) if you have purchased your copy from elsewhere than the www.incrediblebee.com website, forthwith return your purchased copy of MainMenu with proof of payment to the location from which it was obtained.
Incredible Bee may, at its sole discretion, grant you a Demo License, a Commercial License, a Site License and / or a Not for Resale (NFR) License. Unless otherwise stated, the Demo License Terms as set out under (A) are applicable to your use of MainMenu if you have not purchased or otherwise rightfully obtained a Commercial License, a Site License or an NFR License for MainMenu. The Demo License Terms are also applicable to your use of MainMenu on any computers that are not covered under any Commercial Licenses, Site Licenses or NFR Licenses you may have. The Commercial License Terms as set out under (B) are applicable to your use of MainMenu if you have rightfully obtained a Commercial License for MainMenu. The Site License Terms as set out under (C) are applicable to your use of MainMenu if you have rightfully obtained a Site License for MainMenu. The NFR License Terms under (D) are applicable to your use of MainMenu if you have been provided with an NFR License of MainMenu by Incredible Bee or its subsidiaries.
Incredible Bee grants you a non-exclusive, non-transferable license to use MainMenu for time-limited evaluation purposes, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend MainMenu to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void. MainMenu may be used for 15 days from the first time you run MainMenu. Upon lapse of such period all of or part of the functionality of MainMenu will be disabled automatically. Incredible Bee may, at its sole discretion, decide to prolong the tryout period and will inform you thereof via the website www.incrediblebee.com or by contacting you by email, by phone or in writing. If you wish to use MainMenu after the tryout period, you will need to purchase a Commercial License.
Incredible Bee grants you a non-exclusive license to use MainMenu, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend MainMenu to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.
The MainMenu Software requires online activation in order to use it under the Commercial License Terms. If you do not activate your copy of MainMenu, all of or part of the functionality of your copy of MainMenu will disable automatically 15 days after you first run it. Incredible Bee may at its sole discretion decide to adjust the exact technical conditions under which un-activated MainMenu copies cease to work.
You are required to submit personal information during online activation. You need an active, functional internet connection to activate your copy of MainMenu. Your licensed use of MainMenu is bound to the computer(s) you used to complete activation. You may need to reactivate your copy of MainMenu after replacing the logic board or otherwise changing the hardware configuration of your computer. You may need to contact Incredible Bee to complete reactivation.
This License grants you the right to activate and use MainMenu on either (a) one computer used by multiple people, or (b) several computers, within reasonable limits, used by one and the same person. Incredible Bee may at its sole discretion define and adjust what said reasonable limits amount to. This License does not allow multiple users to use MainMenu on multiple computers.
The right to transfer the activated copy of the MainMenu Software to another computer is personal. To transfer your activated copy of the MainMenu Software to another computer you may need to contact Incredible Bee. You may transfer your MainMenu license rights only once and permanently to another person or legal entity under the conditions that you transfer MainMenu in its entirety, you do not retain a copy of MainMenu or any part thereof yourself and the receiving party reads, agrees with and accepts the terms and conditions of this License Agreement. If you activated your license before transferring it you may need to contact Incredible Bee to complete the transfer.
Incredible Bee may render this License Agreement null and void if it finds that the personal information you submitted during online activation is incorrect, inaccurate or outdated. It is your sole responsibility to keep Incredible Bee informed of any changes in your personal information. You may do so by contacting Incredible Bee through the 'Contact', 'Support' or similar sections of the website www.incrediblebee.com or, if available, from within MainMenu itself. Incredible Bee may require you to verify any changes to personal information.
Incredible Bee may use your personal information to validate your personal license rights, to prove to the reseller where you purchased your MainMenu license that you purchased your MainMenu license there and to contact you with information related to MainMenu. Incredible Bee may share this information with its licensors. Incredible Bee will not sell or license usage of your personal information to third parties.
Incredible Bee grants you a non-exclusive license to use MainMenu, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend MainMenu to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.
The MainMenu Software requires online activation in order to use it under the Site License Terms. If you do not activate your copy of MainMenu, all of or part of the functionality of your copy of MainMenu will disable automatically 15 days after you first run it. Incredible Bee may at its sole discretion decide to adjust the exact technical conditions under which un-activated MainMenu copies cease to work.
You are required to submit personal information during online activation. You need an active, functional internet connection to activate your copy of MainMenu. Your licensed use of MainMenu may be bound to the computer(s) you used to complete activation. You may need to reactivate your copy of MainMenu after replacing the logic board or otherwise changing the hardware configuration of your computer. You may need to contact Incredible Bee to complete reactivation.
Online Activation under the Site License Terms may require additional communication by email between you and/or your employees and Incredible Bee to complete such activation.
This License does not allow MainMenu to be activated and used on computers that are not either a) owned by you, b) owned by any fully owned subsidiary of you, c) owned by or operated primarily by your employees or employees of any fully owned subsidiary of you. This License furthermore does not allow the use of MainMenu other than for business purposes of your company.
You may not transfer your MainMenu Site License to another person or legal entity unless Incredible Bee, at its sole discretion, grants you the right to perform such a transfer. To request a transfer of your Site License you will have to contact Incredible Bee in writing with details pertaining to said desired transfer, including the name and contact details of the other person or legal entity you wish to transfer your Site License to. Incredible Bee will respond in writing and in a timely manner to communicate its decision regarding said transfer. Any decision communicated to you by Incredible Bee regarding such a requested transfer will be considered final and undisputable. Incredible Bee may contact you a) by email, b) in writing or c) by telephone to request additional details regarding said desired transfer if it deems obtaining more information necessary to come to a decision.
When a requested transfer of your Site License is granted, you may transfer your MainMenu license rights only once and permanently to another person or legal entity under the conditions that you transfer MainMenu in its entirety, you do not retain a copy of MainMenu or any part thereof yourself and the receiving party reads, agrees with and accepts the terms and conditions of this License Agreement, and the other person or legal entity is the same party that Incredible Bee has granted you the right to transfer your license rights to.
Incredible Bee grants you a non-exclusive, non-transferable license to use MainMenu for evaluation, promotional and/or review purposes, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend MainMenu to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the NFR License null and void. If you wish to use MainMenu for other than the stated purposes, you need to purchase a Commercial License to use MainMenu. Incredible Bee may, at its sole discretion, decide to extend your allowed usage of MainMenu beyond the stated uses and will inform you thereof via the website www.incrediblebee.com or by contacting you by email, by phone or in writing.
MainMenu requires online activation in order to use it under the terms of the NFR License. If you do not activate your copy of MainMenu, all of or part of the functionality of your copy of MainMenu will disable automatically 15 days after you first run it. Incredible Bee may at its sole discretion decide to adjust the exact technical conditions under which un-activated MainMenu copies cease to work.
You are required to submit personal information during online activation. You need an active, functional internet connection to activate your copy of MainMenu. Your licensed use of MainMenu is bound to the computer(s) you used to complete activation. You may need to reactivate your copy of MainMenu after replacing the logic board or otherwise changing the hardware configuration of your computer. You may need to contact Incredible Bee to complete reactivation.
Unless otherwise stated, an NFR License allows you to activate and use MainMenu on one (1) computer. If you want to use MainMenu on more computers, please contact Incredible Bee through the 'Contact', ‘Support’ or similar sections of the website www.incrediblebee.com to request extension of your NFR License to cover more computers.
The rights to transfer your activation of MainMenu to another computer are bound to you personally. To transfer your MainMenu activation to another computer you may need to contact Incredible Bee. You may not transfer your MainMenu license rights to another person or legal entity. If you know of anyone else who should obtain an NFR License for MainMenu, please contact Incredible Bee through the 'Contact', ‘Support’ or similar sections of the website www.incrediblebee.com.
Incredible Bee may render this License Agreement null and void if it finds that the personal information you submitted during online activation is incorrect, inaccurate or outdated. It is your sole responsibility to keep Incredible Bee informed of any changes in your personal information. You may do so by contacting Incredible Bee through the 'Contact', 'Support' or similar sections of the website www.incrediblebee.com or, if available, from within MainMenu itself. Incredible Bee may require you to verify any changes to personal information.
Incredible Bee may use your personal information to validate your personal license rights, to prove to the reseller where you purchased your MainMenu license that you purchased your MainMenu license there and to contact you with information related to MainMenu. Incredible Bee may share this information with its licensors. Incredible Bee will not sell or license usage of your personal information to third parties.
These General Terms are applicable on the Demo License, the Commercial License, the Site License and the NFR License.
Copyright and other intellectual, industrial and/or proprietary rights to MainMenu and to any whole or partial copies that you make are owned by Incredible Bee or its licensors. Incredible Bee permits you to use MainMenu only in accordance with the terms of this License Agreement. All rights not specifically granted by Incredible Bee are reserved by Incredible Bee. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of MainMenu except for those uses allowed in this License Agreement. Incredible Bee is willing to provide you the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that MainMenu is the subject of copyright and other intellectual, industrial or proprietary rights of Incredible Bee and/or third parties.
You are free to replace those libraries and resources included in the MainMenu software that are covered explicitly under a license that allows for such modification. Documentation on which libraries and resources in the MainMenu software are covered by such a license can be found through the ”Acknowledgments” menu item in the MainMenu software, or can be emailed to you upon request. Incredible Bee is not responsible for any malfunctions or incompatibilities that may occur after any adjustments you make to the MainMenu software. Machine-readable source code of any used software components that are licensed under the LGPL license and machine-readable documentation needed to relink other components of MainMenu to (within a reasonable scope) modified MainMenu of such software components will be provided to you by Incredible Bee upon request, but only after the costs involved with providing such software components have been paid by you to Incredible Bee. Incredible Bee does not warrant or guarantee that you will be able to produce a modified functional version of the MainMenu Software and offers no support of any kind pertaining to any attempt to do so. You may not reverse engineer and debug MainMenu for any other purpose than to make it work with the replaced libraries and resources that are licensed under the LGPL license. MainMenu's update mechanism may replace the entire contents of the MainMenu software. Any changes you have made to the MainMenu application package will likely be lost during an update. Incredible Bee is free to deny support if you refuse to use the update mechanism. Incredible Bee is free to change the structure and contents of the MainMenu software in any way in an update or new release.
All and any above offers for machine-readable source code and/or documentation will expire three (3) years after the moment of rightful obtainment of MainMenu by the intial licensee of this agreement, or three (3) years after Incredible Bee ceases to offer MainMenu for download and/or sale from the www.incrediblebee.com website, whichever is earlier, with the following exception.
You may not use the MainMenu name or logo or the Incredible Bee name or logo to advertise any changes you make to MainMenu. You may not redistribute MainMenu or any part thereof except for those parts explicitly covered under a license that allows for such redistribution. Incredible Bee will take best effort to provide you with more information concerning the used MainMenu of the above mentioned libraries and resources in a timely manner when you request such information through the 'Contact', 'Support' or similar sections of the website www.incrediblebee.com.
Any license to use MainMenu granted to you under this License Agreement is limited to the release of MainMenu which you rightfully obtained on the basis of this License Agreement. Incredible Bee may offer free updates to MainMenu. Incredible Bee does not guarantee that any other releases of MainMenu will be made available to you free of charge or that your rights under this License Agreement will automatically be applicable to any future releases of MainMenu.
Fees may apply for additional services and products offered by Incredible Bee and others, including, but not limited to, services that integrate with MainMenu or extend the functionality of MainMenu.
The Commercial License and NFR License both do not allow MainMenu to be activated and used on more computers than the number of computers you have obtained said License(s) for. Incredible Bee may, at its sole discretion, for your convenience decide to allow you to activate MainMenu on additional computers within reasonable limits. Notwithstanding such a decision you are only licensed to use MainMenu simultaneously on the amount of computers you have obtained said License(s) for.
Incredible Bee may, at its sole discretion, decide to suspend further activations performed under said License(s), and/or render said License(s) null and void, if it considers the amount of activations performed under said License(s) to be excessive. You and/or the person performing activation will be informed of such a decision either a) in writing, b) by email, c) by telephone and/or d) from within the MainMenu Software.
Incredible Bee is providing you MainMenu on an "as-is" basis without warranty of any kind. Incredible Bee does not and cannot warrant the performance or results you may obtain by use of MainMenu. Incredible Bee does not and cannot warrant that MainMenu operates error-free.
In the event your original copy of MainMenu appears to be damaged on receipt thereof you have the right to return the damaged copy, which will then be replaced by Incredible Bee or its distributors free of charge in case the damaged copy is received by Incredible Bee or the distributor where you purchased MainMenu within eight (8) days from the receipt by you of the original copy. Any damaged copies received by Incredible Bee or its distributor after said period will be replaced only against payment by you of all costs incurred by performing the replacement. The above only applies if you rightfully obtained an original copy of MainMenu on physical media. Incredible Bee does not warrant that MainMenu operates on the type of computer owned by you and you shall be solely responsible for obtaining a computer compatible with MainMenu.
The above warranty does not apply if the MainMenu Software a) has been altered, except by Incredible Bee, b) has not been installed, operated, repaired or maintained in accordance with the instructions supplied by Incredible Bee, c) has been subjected to abnormal physical or electrical stress, misuse, negligence or accident.
To the maximum extent permitted by applicable law, Incredible Bee is not liable to you or to any third party for any damages, either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to damages rising from inability to use MainMenu or access data, loss of data, loss of business, loss of profits, business interruptions or the like) arising out of the use or inability to use MainMenu even if Incredible Bee has been advised of the possibility of such damages. In no event shall Incredible Bee's total liability to you exceed the amount of 29 Euros (EUR 29.-) or the amount for which you purchased a MainMenu Commercial License or Site License if less than EUR 29. If you purchased your license in another currency, a fair estimation of the purchase price will be made by Incredible Bee or its subsidiaries. Notwithstanding the above, or anything else contained in this License Agreement, neither party’s liability for death or personal injury resulting from its own negligence shall be limited. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Incredible Bee will make an effort to provide you with email support pertaining to your use of MainMenu. Said support will be limited to topics within the domain of basic usage of MainMenu. Incredible Bee is not required to offer you general advice on technologies underlying or related to MainMenu. Incredible Bee reserves the right to cease offering support of any kind pertaining to the usage of older releases of MainMenu whenever a new release, whether for free or for pay, of MainMenu becomes available.
If MainMenu is, or in Incredible Bee's opinion is likely to become, the subject of a claim of infringement, Incredible Bee shall have the right, without obligation and at its sole discretion, to: a) procure for you the right to continue to use MainMenu; b) replace or modify MainMenu in such a way as to make the modified version of MainMenu non-infringing; or c) terminate this License Agreement, provided that in the event of such termination, Incredible Bee shall refund the License fees paid by you on a prorated basis, taking into account the term MainMenu has been used or owned, whichever is longer, by you. The foregoing states Incredible Bee's and its subsidiaries entire liability and obligation to you and your sole remedy with respect to any actual or alleged infringement of intellectual property rights of any kind.
Incredible Bee and its subsidiaries may collect and use technical and related information, including but not limited to technical information concerning your computer, system and application software. Incredible Bee and its subsidiaries are free to use this information in any form that does not personally identify you or your computer. Any collection of technical and related information by Incredible Bee and its subsidiaries shall be limited in such a manner that Incredible Bee and its subsidiaries will not be capable to reconstruct the contents of files and folders you use from within MainMenu or any other personal files and folders that are accessible to MainMenu when you use MainMenu.
Incredible Bee may issue a License Code or License Key (sometimes also referred to as the Serial Number or Serial Key) to you, which you may need to activate MainMenu under the terms of the Commercial, NFR and/or Site Licenses. Incredible Bee and its subsidiaries and distributors may link said License Code or License Key to you personally. Any given License Code or License Key is considered for your usage only and may not be distributed, published or otherwise communicated to third parties by you, unless permission to do so is granted to you in writing by Incredible Bee.
MainMenu may make use of third party software components. Notwithstanding the foregoing, use of some third party materials included in the MainMenu Software may be subject to other terms and conditions. The official copyright notices and specific license conditions of such third party software components are to be found via the ”Acknowledgments” menu item of MainMenu or can be emailed to you upon request. You hereby agree to the terms and conditions for any and all such third party software components.
This License Agreement is effective until terminated. Without prejudice to any other rights, Incredible Bee may immediately terminate this License Agreement if you fail to comply with any of the terms and conditions set out in this License Agreement. In such event you must cease all use of MainMenu and destroy all copies of MainMenu that are in your possession. Inaction of Incredible Bee to terminate this License Agreement after you fail to comply with any of the terms and conditions set out in this License Agreement does not imply a waiver of any kind of the rights reserved by Incredible Bee under this and other provisions.
Your delivery and payment conditions or any other general or special conditions shall not apply. This License Agreement is the entire agreement between you and Incredible Bee relating to MainMenu and supersedes all prior oral or written communications and representation with respect to MainMenu or any other subject matter covered by this License Agreement. If any of the provisions of this license Agreement is held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.
You agree not to export, re-export or use MainMenu except as explicitly authorized by Austrian law and the laws of the jurisdiction in which you obtained your MainMenu license. If you purchased or use MainMenu in the United States, you may not export or re-export MainMenu to any U.S. embargoed country or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or U.S. Department of Commerce’s Denied Person’s List or Entity List. By using MainMenu, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use MainMenu for any purposes prohibited by United States law, including without limitation, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons.
MainMenu is defined as “Commercial Items”, as defined by 48 C.F.R. §2.101 and consists of “Commercial Computer Software” and “Commercial Computer Software Documentation” as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. MainMenu is being licensed to U.S. Government end users only as Commercial Items, consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202–1 through 227.7202–4 as applicable, and with only the same rights granted to all other end users in the terms and conditions of this License Agreement. All unpublished rights are reserved under the Copyright laws of the United States, Austria and International agreements.
This License Agreement is governed by Austrian law or at Incredible Bee’s sole discretion the law of any court which may have jurisdiction. This License shall not be governed by the UN Convention on contracts for the international sale of goods. You agree that Incredible Bee, at its sole discretion, may elect to bring legal action regarding any dispute arising from or in connection with this License Agreement before the courts of Vienna, Austria or in any court in any country which may have jurisdiction and you herewith irrevocably and unconditionally submit to the exclusive jurisdiction of the courts chosen by Incredible Bee.
Should you have any questions concerning this License Agreement, please contact Incredible Bee through the appropriate sections of the website www.incrediblebee.com.