BrightSlide [free version] End User Licence Agreement – The plain English part

Licence principal : A licence is granted to a single personal or business user who may use the software on multiple computers / accounts. Only the licensed user may make use of the software. Additional user(s) require additional licence(s).

What can I do with the free version of the software?

1. Use it for life, with as many PowerPoint files as you like
2. Use it on any number of computers or accounts
3. Receive free updates
4. Make unlimited distributions and copies of PowerPoint files designed with the software
5. Use the product and/or the resulting files in public places
6. Make copies for backup purposes
7. Uninstall and transfer the licence from one computer or account to another

What can I NOT do with the software?

1. Access the source code, modify or decompile it in any way
2. Resell, loan or rent it for a fee or transfer the licence to another person

The full legal part

BRIGHTSLIDE [FREE VERSION] END USER LICENCE AGREEMENT ‘EULA’

This EULA is legally binding agreement between you the ‘User’ and the company BRIGHTCARBON Limited ‘BRIGHTCARBON’, registered in the United Kingdom. Throughout this licence agreement, ‘Software’ is defined as the executable code contained within the ‘BrightSlide’ program. BrightSlide content ‘Content’ is defined as electronic presentation file(s) that contain content that is designed with the assistance of the BrightSlide.
USE OF THE SOFTWARE IS SUBJECT TO THE BRIGHTCARBON SOFTWARE LICENCE TERMS SET FORTH BELOW. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE LICENCE TERMS. IF YOU DO NOT ACCEPT THESE LICENCE TERMS, YOU MUST NOT USE THE SOFTWARE.

BRIGHTCARBON SOFTWARE LICENCE TERMS

The following Licence Terms govern your use of the Software unless you have a separate written agreement with BRIGHTCARBON.

1. Accepting the Terms

1.1 In order to use the Software, you must first agree to the Terms. You may not use the Software if you do not accept the Terms.

1.2 You can accept the Terms by:

(i) clicking to accept or agree to the Terms, where this option is made available to you by BRIGHTCARBON in the user interface for the Software; or
(ii) by using the Software. In this case, you understand and agree that BRIGHTCARBON will treat your use of the Software as acceptance of the Terms from that point forward.

2. Language of the Terms

2.1 Where BRIGHTCARBON has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with BRIGHTCARBON.

2.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

3. Licence Grant

3.1 BRIGHTCARBON grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to Use one copy of the Software. “Use” means storing, loading, installing, executing, displaying the Software for the purposes of creating Content files. You may not modify the Software or disable any licensing or control features of the Software. The software is licensed for “concurrent use”, meaning that you may install it on any number of computers.

3.2 The licence entitles you to create an unlimited number of Content files that may be interpreted by Microsoft PowerPoint and other applications.

4. Ownership

The Software is owned and copyrighted by BRIGHTCARBON. Your licence confers no title or ownership in the Software and is not a sale of any rights in the Software. BRIGHTCARBON’s third party suppliers may protect their rights in the event of any violation of these Licence Terms.

5. Copies

You may make a copy of the BrightSlide Software for backup purposes only. The copy may be in the form of storage on rewriteable media such as a flash disk, hard disk, file server or re-writeable optical disk or on a read only media such as a CD-ROM. You may not copy the Software onto any bulletin board, blog, social networking web site or similar system.

6. Licence Credentials

Licence information is sent to and stored on our server at the time you register the product and activation instructions are sent to the email address you provide. BRIGHTCARBON does not accept responsibility for errors in the email address you provide nor the loss of the email or the credentials created during the registration process. You accept that BRIGHTCARBON is not required to provide you with a copy of the credentials should they be lost and that BRIGHTCARBON reserves the right to charge an administration fee for resolving registration issues.

7. No Disassembly or Decryption

7.1 You may not disassemble or decompile the Software unless BRIGHTCARBON’s prior written consent is obtained. In some jurisdictions, BRIGHTCARBON’s consent may not be required for disassembly or decompilation. Upon request, you will provide BRIGHTCARBON with reasonably detailed information regarding any disassembly or decompilation. You may not decrypt the Software unless decryption is a necessary part of the operation of the Software.

7.2 Irrespective of whether disassembly or decompilation is made or not, you may not make modifications of any kind to the Software without the prior written permission from BRIGHTCARBON.

8. Transfer

Your licence will automatically terminate upon any transfer of the Software. Upon transfer, you must deliver the Software, including any copies and related documentation, to the transferee. The transferee must accept these Licence Terms as a condition to the transfer and their use of the Software will be considered by BRIGHTCARBON as an acceptance of the Terms.

9. Termination

BRIGHTCARBON may terminate your licence upon notice for failure to comply with any of these Licence Terms. Upon termination, you must immediately destroy the Software, together with all copies.

10. Resale and Export Requirements

You may not sell, export or re-export the Software or any copy in violation of any applicable laws or regulations.

11. Changes to the Terms

11.1 BRIGHTCARBON may make changes to these Terms from time to time. When these changes are made, BRIGHTCARBON will make a new copy of the Terms available at and any changes to the Terms will be made available to you from within, or through, the affected Software.

11.2 You understand and agree that if you use the Software after the date on which the Terms have changed, BRIGHTCARBON will treat your use as acceptance of the updated Terms.

12. U.S. Government Restricted Rights

The Software and documentation have been developed entirely at private expense and are provided as “Commercial Computer Software” or “restricted computer software”. They are delivered and licensed as “commercial computer software” as defined in DFARS 252.227-7013 (Oct 1988), DFARS 252.211-7015 (May 1991) or DFARS 252.227-7014 (Jun 1995), as a “commercial item” as defined in FAR 2.101 (a), or as “Restricted computer software” as defined in FAR 52.227-19 (Jun 1987) (or any equivalent agency regulation or contract clause), whichever is applicable. You have only those rights provided for such Software and Documentation by the applicable FAR or DFARS clause or the BRIGHTCARBON standard software agreement for the product.

13. Disclaimer of Warranties

(i) YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND LIABILITY. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRIGHTCARBON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(ii) BRIGHTCARBON MAKES NO WARRANTY THAT (a) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (b) THE SOFTWARE WILL BE ERROR-FREE, (c) ANY RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, OR (d) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(iii) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE UPDATE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE ANY DAMAGE TO YOUR COMPUTER SYSTEM, AND FOR THE LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL.
(iv) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRIGHTCARBON OR THROUGH OR FROM THE USE OF THE SOFTWARE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

14. Limitation of Liability

BRIGHTCARBON IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA (EVEN IF BRIGHTCARBON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING IN ANY MANNER FROM THE SOFTWARE, INCLUDING:
(i) THE USE, OR INABILITY TO USE, THE SOFTWARE.
(ii) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES,
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY.

15. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.

16. General legal terms

16.1 You agree that BRIGHTCARBON may provide you with notices, including those regarding changes to the Terms, by email, normal post or changes to the Software.

16.2 You agree that if BRIGHTCARBON does not exercise or enforce any legal right or remedy that is contained in the Terms (or which BRIGHTCARBON has the benefit of under any applicable law), this will not be taken to be a formal waiver of BRIGHTCARBON’s rights and that those rights or remedies will still be available to BRIGHTCARBON.

16.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

16.4 The Terms, and your relationship with BRIGHTCARBON under the Terms, shall be governed by English law. You and BRIGHTCARBON agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that BRIGHTCARBON shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.