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Software License Agreement For Exported Code

Last updated 20 March 2022

By purchasing, exporting, and/or using BAPPAZ generated code, you agree to be bound by the terms and conditions of this License Agreement.

This license agreement ("LICENSE") is a legal agreement between you (either an individual or a single entity, also referred to as "LICENSEE", "YOU") and Meghsoft ("BAPPAZ").

Any earlier license agreement granted to you for the use of earlier versions of the SOFTWARE is replaced by this LICENSE.

You may use the exported source code for the purpose of deploying and/or building web application for yourself and your clients, in accordance with the license you have purchased.

You may not redistribute or re-sell the source code.

Software Product License

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties and contains confidential information and trade secrets. BAPPAZ retains all rights not expressly granted to you in this LICENSE.

Grant of License

BAPPAZ hereby grants to you, and you accept, a non-exclusive, non-transferable license to install, copy, use and modify the SOFTWARE only as permitted in this LICENSE. All product licenses are perpetual and royalty-free.

You are granted a license to use the SOFTWARE as the basis of one application, so long as that application is owned and operated by you, the LICENSEE, or is owned and operated by clients of LICENSEE.

Restrictions

You can not use the code to create End Products that are designed to allow an End User to build their own End Products using the Code or derivatives of the Code.

You can not re-distribute the Code or derivatives of the Code separately from an End Product.

You can not use the Components and parts of source code to create new or derivative End Products.

You can not share your access to the Code with any other individuals.

Refunds

Due to the nature of the software being non-returnable; refunds will not be provided under any circumstances. If you experience issues with the SOFTWARE, please contact support@bappaz.com for assistance.

Source Code

BAPPAZ does not provide technical support for modified source code. The SOFTWARE’s source code is provided as is. In the event that you develop any troubleshooting-related modifications of the SOFTWARE, BAPPAZ will not be responsible for troubleshooting these issues.

You are granted the right to use such modifications as set forth in this agreement. You acknowledge that the SOFTWARE’s source code contains valuable and proprietary trade secrets of BAPPAZ. All individuals employed by or belonging to your entity agree to expend every effort to insure its confidentiality.

You agree to assume full responsibility for such employees’ or contractors’ use, or misuse, of such disclosed source code as if it was your use. These obligations shall not apply to any information generally available to the public, independently developed or obtained without reliance on BAPPAZ information, or approved in writing for release by BAPPAZ without restriction.

Other Rights and Limitations

At no time may the SOFTWARE be used for development purposes by other individuals than the licensed developer(s). The SOFTWARE may not be distributed for use with solutions or packaged products.

The SOFTWARE may not be distributed as part of products that have the same or substantially the same primary functionality. You are not allowed to resell, transfer, rent, lease, or sublicense the SOFTWARE and your associated rights. Under no circumstances shall you grant further redistribution rights to the end-users of your solution. You may not use the BAPPAZ product names, logos or trademarks to market YOUR SOFTWARE. You are not allowed to use, copy, modify, or merge copies of the SOFTWARE and any accompanying documents except as permitted in this LICENSE. You agree to indemnify, hold harmless, and defend BAPPAZ and its resellers from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of your software.

Delivery

BAPPAZ shall deliver to LICENSEE a master copy of the SOFTWARE licensed hereunder in electronic files only.

Updates

You are eligible to receive all new features and future releases of the SOFTWARE for one year with the option to purchase additional annual update plans.

SOFTWARE labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this LICENSE.

Termination

This LICENSE shall last as long as you use the SOFTWARE in compliance with this LICENSE. BAPPAZ may terminate this LICENSE if you fail to comply with any of the terms and conditions herein. In such event, you agree to remove and destroy all copies of the SOFTWARE and any applicable source code.

BAPPAZ reserves the right to discontinue at any time any product, shall it be offered individually or as a part of a product suite. BAPPAZ shall not be liable to you or any third party for any termination of this LICENSE.

Copyright

All title and copyrights in and to the SOFTWARE, and any copies of the SOFTWARE, and any trademarks or service marks of BAPPAZ are owned by BAPPAZ. All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This LICENSE grants you no rights to use such content.

Intellectual Property

BAPPAZ is the sole and exclusive owner of all intellectual property, copyright and software rights other than those pertaining to third party plugins or application generated code that has been exported on a per-customer basis. The License shall not create, or be deemed to create, any ownership right, title or interest in or to the software for the master licensee or any other person.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will BAPPAZ or its suppliers or licensors be liable for any indirect, special, incidental, or consequential damages arising out of the use of or inability to use the product, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.

BAPPAZ is not liable for costs, damages, or other losses arising from your use of the Code, including third-party claims against you. BAPPAZ may not be held liable for any consequential damages related to your use of the Code.

In any case, BAPPAZ'S entire liability under any provision of this agreement shall not exceed in the aggregate the sum of the license fees paid to BAPPAZ for the product giving rise to such damages, notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not be applicable. BAPPAZ is not responsible for any liability arising out of content provided by LICENSEE or a third party that is accessed through the product and/or any material linked through such content.

Any data included in a product upon shipment from BAPPAZ is for testing use only and BAPPAZ hereby disclaims any and all liability arising therefrom.

Miscellaneous

If any provision of this license is to be held unenforceable, such holding will not affect the validity of the other provisions hereof. Failure of a party to enforce any provision of this license shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. This license represents the entire understanding between the parties with respect to its subject matter.

You acknowledge that you have read this agreement, that you understand this agreement, and understand that by continuing the installation of the SOFTWARE, by loading or running the SOFTWARE, or by placing or copying the SOFTWARE onto your computer hard drive, you agree to be bound by this agreement's terms and conditions. You further agree that, except for written separate agreements between BAPPAZ and you, this agreement is a complete and exclusive statement of the rights and liabilities of the parties.

License Definitions

Licensee is the individual who has purchased a License.

Code is the HTML, React.js, Node.js/ExpressJS, SQL and TypeScript source code made available to the Licensee after purchasing a BAPPAZ app license.

End Product is any artifact produced that incorporates the Code or derivatives of the Code.

End User is a user of an End Product.

Client is an individual or entity receiving custom professional services directly from the Licensee, produced specifically for that individual or entity. Customers of software-as-a-service products are not considered clients for the purpose of this document.

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