This end user License Agreement (hereinafter "Agreement") is a legal agreement between you, or, if you represent a legal entity, that legal entity (hereinafter "You") and Invogue Software Limited owner of Invogue Logo, and is applicable to the Invogue Logo that is accompanied by this Agreement or that you have ordered online. By downloading the Invogue Logo or opening the package, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download, install, or use the Invogue Logo. If you have purchased a License to use the Invogue Logo in a sealed retail package and do not agree to the terms of this Agreement, return it unopened to the place of purchase.
1. You are bound by the Agreement and you acknowledge that all Use (as defined herein) of the Invogue Logo (as defined herein) supplied to you by Invogue Software Limited owner of Invogue Logo is governed by the Agreement.
2. "Invogue Logo" means the graphic design used with the appropriate hard- and software plus any and all other data including documentation provided with such graphic design.
3. "Licensed Unit" means an installation of the Invogue Logo that allows up to five (5) concurrent users and any amount of output devices to use it at a single geographic location. A single geographic location is in particular the site of your place of business. The geographic restriction does not apply to portable computers if they are owned by you. If you require Invogue Logo to be used by more than 5 users, you need to purchase a license extension.
4. "Commercial Product" means a product (e. g. electronic document, soft- or hardware) which is distributed to third parties with the intention of (i) obtaining a financial or other consideration and/or (ii) increasing awareness of one’s own company or institution, products, and services in order to gain more business.
GRANT OF LICENSE
5. This non-exclusive license grants you to use Invogue Logo in a Licensed Unit for your own personal or internal business purposes according to the terms of this Agreement. You have no rights to the Invogue Logo other than as expressly set forth in the Agreement. You agree that Invogue Software Limited owner of Invogue Logo owns all right, title and interest in and to the Invogue Logo, its structure, orga¬nization, code, and related files, including all property rights therein such as copyright, design and trademarks rights. You agree that the Invogue Logo, its structure, organization, code, and related files are valuable property of Invogue Software Limited owner of Invogue Logo and that any intentional use of the Invogue Logo not expressly permitted by the Agreement constitutes a theft of valuable property. All rights not expressly granted in the Agreement are expressly reserved to Invogue Software Limited owner of Invogue Logo. You may not use the Invogue Logo to electronically distribute a Commercial Document without a separate license from Invogue Software Limited owner of Invogue Logo authorizing you to do so.
6. You may make back-up copies of the Invogue Logo for archival purposes only, provided that you retain exclusive custody and control over such copies.
7. You may take a digitized copy of the Invogue Logo used in a particular document to a commercial printer or service bureau for outputting this particular document (this document may be edited by the printer or service bureau). In the event of use of the Invogue Logo for other purposes, the printer or service bureau must purchase its own Invogue Logo licenses.
8. You may adapt, modify, alter, translate, convert, and install the Invogue Logo into another format for use in other environments, subject to the following conditions: A computer on which the converted Invogue Logo is used or installed shall be considered as one of your permitted number of computers. Use of the Invogue Logo you have converted shall be pursuant to all the terms and conditions of this Agreement. Such converted Invogue Logo may be used for your own customary internal business or personal use exclusively and may not be distributed or transferred for other any purpose. You may not modify or remove the name(s) of the Invogue Logo, author’s signature, copyright and trademark notices from the original files.
9. Except as granted in 6. to 7, you may not copy the Invogue Logo or allow third parties to copy the Invogue Logo. Any copy of the Invogue Logo must contain the same copyright, trademark, and other proprietary information as the originals.
10. You acknowledge that the Invogue Logo is protected by the copyright and other intellectual property law of the Bangladesh, by the copyright and design laws of other nations, and by international treaties. Any copyright, trademark and other rights belong exclusively to Invogue Software Limited owner of Invogue Logo, except as expressly provided in 5. You do not gain the ownership of the Invogue Logo under this Agreement. The structure, organization, and the code of the Invogue Logo are trade secrets of Invogue Software Limited owner of Invogue Logo, and you agree to treat them as such. You agree to treat the Invogue Logo as you would any other copyrighted material, such as a book. You may not copy the Invogue Logo, except as expressly provided herein. Any copies that you are expressly permitted to make pursuant to the Agreement must contain the same copyright, trademark, and other proprietary notices that appear on it. You agree not to create Derivative Works from Invogue Logo or any portion thereof. You further agree not to use Invogue Logo in connection with software and/or hardware which create Derivative Works of such Invogue Logo.
11. You may not rent, lease, sublicense, give, lend, or further distribute the Invogue Logo, parts of it, or any copy thereof, except as expressly provided herein. You may transfer all your rights to use the Invogue Logo to another person or legal entity provided that (i) the transferee accepts and agrees to be bound by all the terms and conditions of the Agreement, (ii) you destroy all copies of the Invogue Logo, including all copies stored in the memory of a hardware device, and that (iii) you notify Invogue Software Limited owner of Invogue Logo about the transfer. Without limiting the generality of the foregoing, you agree that you will not distribute or disseminate all or any part of the Invogue Logo through any online service.
12. Limited warranty for a period of ninety (90) days after delivery, Invogue Software Limited owner of Invogue Logo warrants that the Invogue Logo will perform in accordance with its documentation. To make a warranty claim, you must return the Invogue Logo to the location from which you obtained it along with a copy of your sales receipt within such ninety (90) day period. The entire, exclusive, and cumulative liability and remedy shall be limited to the refund of the license fee you paid to Invogue Software Limited owner of Invogue Logo to obtain delivery of the Invogue Logo. Neither the warranty nor technical support applies to any Invogue Logo converted or modified by the user.
TRANSFER OF LICENCE
13. INVOGUE SOFTWARE LIMITED OWNER OF Invogue Logo DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE Invogue Logo. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR INVOGUE SOFTWARE LIMITED OWNER OF Invogue Logo’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, INVOGUE SOFTWARE LIMITED OWNER OF Invogue Logo MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MER¬CHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL INVOGUE SOFTWARE LIMITED OWNER OF Invogue Logo BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAM¬AGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAV¬INGS, EVEN IF INVOGUE SOFTWARE LIMITED OWNER OF Invogue Logo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF INVOGUE SOFTWARE LIMITED OWNER OF Invogue Logo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Invogue Software Limited owner of Invogue Logo has the right to terminate your license immediately if you fail to comply with any term of this Agreement. Upon termination, you must destroy the original and any copies of the Invogue Logo and Documentation.
DISCLAMER OF WARRANTIES
15. The Invogue Logo, and all copies thereof, is protected by the Bangladesh Copyright Law, by the copyright and design laws of other nations, and by international treaties. Any copyright, trademark and other rights belong exclusively to the designer and/or Invogue Software Limited owner of Invogue Logo, except as expressly provided in 5. You do not gain the ownership of the Invogue Logo under this Agreement. The structure, organization, and the code of the Invogue Logo are trade secrets of Invogue Software Limited owner of Invogue Logo, and you agree to treat them as such.
16. This Agreement will be governed by the laws of the Bangladesh. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Invogue Logo will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable export laws, restrictions or regulations. This Agreement may only be modified in writing signed by an authorized officer of Invogue Software Limited owner of Invogue Logo.
17. You agree to inform all users who have access to the Invogue Logo about the content of this Agreement and to make sure that they comply with the terms of this Agreement.
End User License Agreement, version 1.0 copyright © Invogue Logo 2011