Biogetic 1.1


EULA - End User License Agreement



It is important that you carefully read these terms before installing and using the Biogetic software. These terms when accepted by you form a licence ("Licence") agreement between Bent excellent d.o.o., eROKA department ("eROKA") and you ("You," "Your" Or "User") for the use of the Biogetic software, including any and all versions or variations of the Biogetic, and any future fixes, updates and upgrades provided to You including received user documentation as well as other received information on Biogetic software (collectively, "Biogetic" or the "Software").

In order to install and use Biogetic, you must first read and accept the terms of this Licence.

1. What You Can Do Under This Licence

1.1 Subject to all the terms of this Licence, eROKA grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable licence to install and use Biogetic on a mobile phone.

1.2 You shall download, install and run Biogetic on your mobile phone before registreing or buying Biogetic. You can register Biogetic using your personal energy code from Biogetic running on your mobile phone.

1.3 Unless explicitly stated otherwise, any new features that augment or enhance the current Biogetic, including the release of new properties, shall be subject to terms of this Licence.

2. What You must not do under this Licence
You agree not to use the Biogetic to:

2.1 Gain energy that You use, intend to use or think of using for illegal purposes. Gain energy that You use, intend to use or think of using against other living beings.

2.2 Intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations requirements, procedures or policies in force relating to the Biogetic.

3. More Do's and Don'ts

3.1 This Licence allows you to install and use Biogetic on a single mobile phone. This Licence does not permit you to install the Biogetic on more than one mobile phone at a time. You may not make copies of the Biogetic in any form including machine-readable form not even for backup purposes.

3.2 Except as expressly permitted in this Licence, you agree not to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, sell, lease, loan, sublicense, make copies, create derivative works from, distribute, create derivative works or provide others with the Biogetic in whole or part, transmit or communicate the Software over a network.

3.3 You may not sell, transfer or communicate the Biogetic to any third party without eROKA prior express written consent.

3.4 You may not use, test or otherwise utilize the Software in any manner for purposes of developing or implementing any method or application that is intended to monitor or interfere with the functioning of the Software.

3.5 You may not through the use of any third party software application, alter or modify the values stored by the Software in your phone?s memory, on your computer?s memory, including all kinds of memory, with the exception of completely uninstalling and completely deleting the Software.

3.6 You may not use unlicensed or unauthorized copies of the Software for any purpose.

4. Things You Need To Know When Using Biogetic

4.1 eROKA may from time to time present programming fixes, updates and upgrades to You, including version updates to the Software. You may accept or reject such programming fixes, updates and upgrades to you, including version updates at your sole discretion.

4.2 eROKA will not be liable in any way:

4.2.1 for any errors or omissions in any transmission, or for any loss or damage of any kind incurred as a result of anything transmitted via the Software;

4.2.2 if you are exposed to transmission that is offensive, harmful in any way, indecent or objectionable;

5. Copyright Infringement

5.1 Biogetic is copyrighted by eROKA.

5.2 eROKA respects copyright and other laws. eROKA requires all Biogetic users to comply with copyright and other laws.

5.3 As a condition to use the Software, you agree that you must not use the Software to infringe the intellectual property or other rights of others than You, in any way. The unauthorized reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright.

5.4 eROKA makes no representations or warranties of any kind concerning the quality, safety or suitability of the Biogetic, either express or implied including without limitation any implied warranties of fitness for a particular purpose, or non-infringement to the maximum extent permitted by applicable law, in no event will eROKA be liable for any indirect, punitive, special, incidental or consequential damages however they may arise and even if eROKA has been previously advised of the possibility of such damages.

5.5 eROKA has and will retain all ownership rights in Biogetic, including all patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill and confidential and proprietary information. User will have no rights in the software except as explicitly stated in this Licence.

6. Applicable Law

6.1 This Licence as well as all disputes arising out of or in connection with this Licence shall be governed by the laws of Slovenia, Europe, without regard to or application of choice of law rules or principles.

6.2 Any dispute arising out of or in connection with this Licence, or in future agreements resulting therefrom, shall be exclusively resolved before the competent court in Ljubljana, Slovenia.

6.3 You agree to indemnify, hold harmless and defend eROKA and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, at your expense, against any and all third party claims or demands, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines costs and expenses (including, without limitation, reasonable attorney's fees and other dispute resolution expenses) incurred by eROKA, due to or arising out of use of Biogetic or its transmitted energy, your use or misuse of the Software, your violation of this License, or your violation of any rights of another.

7. Disclaimers of Warranties

7.1 The Software is provided "as is", and on an "as available" basis and there are no claims, representations and warranties made by eROKA, either express, implied or statutory (to the extent permitted by applicable law), with respect to the Software, including but not limited to, warranties of quality, performance, title, non- infringement, merchantability or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage.

7.2 Any energy transmitted through the use of the Software is done at your own discretion and risk and you will be solely responsible for any damage that results from it.

8. Limitation of liability

8.1 You understand and agree that in no event shall eROKA be liable whether in contract, warranty, tort (including negligence whether active, passive or imputed), product liability or strict liability, even if eROKA has been advised of the possibility of such damages, for any direct, indirect, incidental, special, consequential,or exemplary damages, including but not limited to damages for loss of profits, goodwill, psychical, psycho-physical, physical and/or other damage resulting from:

8.1.1 the use or the inability to use the Biogetic

8.1.2 statements or conduct of any third party using the Biogetic; or

8.1.3 any other matter relating to the use of the Biogetic. In no event shall eROKA's total liability to User and other living beings related to User with the use of the Software for all damages exceed the price paid by User.

9. Termination

9.1 It is Your responsibility to comply with the terms of this Licence and to obey the laws of your jurisdiction. Your rights under this Licence will terminate immediately and without prior notice if:

9.1.1 You violate any term of this License, including violating any applicable laws or rights including the intellectual property rights of any such third party. Upon termination, You must uninstall and destroy the Software including any received documentation.

9.1.2 You may terminate this License at any time by uninstalling and destroying the Software including any received documentation. You may be subject to legal action if you continue to use Biogetic in violation of this Licence.

10. Trademarks and Trade Dress

10.1 The Biogetic name, the Biogetic logo, and other Biogetic related properties are trademarks of eROKA.

11. Miscellaneous

11.1 This Licence constitutes the entire understanding of you and eROKA with respect to the Software and the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby.

11.2 The failure or delay of eROKA to exercise or enforce any rights or provision of the Licence does not constitute a waiver of such right or provision.

11.3 All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of this Licence, including without limitation all of your representations, warranties and indemnification obligations.

11.4 Should any part of this Licence be held invalid by any court or tribunal, such invalidity shall not affect the validity of any remaining part, which will remain in full force and effects if this License had been executed without that part having been held to be invalid.

11.5 This Licence constitutes the entire understanding between eROKA and User with respect to subject matter hereof. Any change to this Licence must be in writing and signed by eROKA.

11.6 Licence comes into validity at the 24.10.2004.



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Users Rating:  
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Downloads: 85
Updated At: 2024-03-05
Publisher: eROKA
Operating System: other
License Type: Free Trial