BeAnywhere Support Express 1.50.04


EULA - End User License Agreement



1. ACCEPTANCE OF TERMS
Multiplicar Negócios (MN) welcomes you. Multiplicar negócios owns and operates the BeAnywhere Support Express (BASE) service (“Service”) and provides it to You subject to the following Terms of Service (“TOS”), which include MNs Privacy Policy and Registration Form, available through the hyperlinks set forth below and incorporated herein by reference. BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE "SUBMIT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW
These TOS may be updated by us from time to time without notice to you.

2. DESCRIPTION OF SERVICE.
MN provides users with a Service that allows You remote access to any Internet connected computer.
You understand and agree that the Service may include advertisements and that these advertisements are necessary for MN to provide the Service. You also understand and agree that the Service may include certain communications from MN, such as service announcements, administrative messages and Newsletters, and that these communications are considered part of MN/BASE membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new MN/BASE properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that MN assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. REGISTRATION OBLIGATIONS
To use the Service, You must submit a complete MN BASE registration form, which is available during BASE configuration (the "Registration Form"), on Your behalf. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Portugal or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MN has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). MN will evaluate the registration application in good faith and will notify You in a timely manner regarding acceptance or rejection. MN may reject a registration application if it determines, in its sole discretion, that the user is not an appropriate subscriber or user of the Service. MN reserves the right to refuse the Service to any user who has cancelled any number of previous Service accounts. MN need not provide a reason for its rejection. If MN rejects Your application, then You may reapply and MN will reconsider the application. You may not register for this Service if You are under 18 years of age. By registering for this Service You represent to MN, that You are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process You will have opened an account with MN and will become a subscriber to the BASE Service.

4. SERVICES
(a) Description of Service. BASE provides the registered user with remote access to any Internet connected PC(s). MN makes the BASE Service available under a number of different subscription plans. Please confirm that the plan for which You are registering meets Your needs by reviewing the "product information pages." To use the Service you will need to download "server" software to each PC that you would like to access remotely. Each PC that you wish to access must also maintain a connection with the Internet in order to accessible remotely.
(b) Fees and Payments. You can always find the current Subscription Fees and charges posted under Buy/Renew on the BASE Web site. Your subscription will expire automatically on the last day of its period unless terminated by MN or until You notify MN of Your decision to change Your subscription renewal. If there are any annual, monthly or similar periodic fees for Your subscription, these fees will be billed automatically to the credit card designated during the registration process for BASE, or subsequently designated to MN at the start of the subscription period and at the start of each renewal period, unless You terminate Your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with Your subscription for MN (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. MN may change the fees and charges then in effect, or add new fees or charges, by giving You notice in advance. All fees and charges incurred in connection with Your user name and password will be billed to the credit card designated during the registration process for BASE or subsequently designated to MN. You also are responsible for any fees or charges incurred to access BASE through an Internet access provider or other third party service. YOU, AND NOT MN, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. This Agreement is personal to You, and You may not assign Your rights or obligations to anyone.
(c) Credit Cards. As a condition to your right to use the Service, You must provide us with a valid credit card number belonging to you with available credit sufficient to pay the applicable Service Fees. In the event that you cancel this credit card or it is otherwise terminated, you must immediately provide us with a new valid credit card number. You authorize MN, from time to time, to undertake steps to determine whether the credit card number you have provided to us is a valid credit card number. In the event that you do not provide us with a current valid credit card number with sufficient credit upon request during the effective period of this Agreement, you will be in violation of this Agreement, and we may terminate this Agreement with You. MN does not accept debit cards for payment of Service Fees. In the event that you provide us with a debit card number instead of a credit card number, you authorize us to make all charges described in this Agreement to your debit card account.
(d) Trial Offers, Coupons, Credits and Special Offers. MN reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. The Free Trial offer associated with BASE entitles new, registered subscribers to a one-time free trial usage of the service. Free Trial terms vary by promotional offer.

5. USER CONDUCT AND PROPRIETARY RIGHTS
(a) Conduct. You are solely responsible for the content of Your transmissions through the Service. MN does, however, reserve the right to take any action with respect to the Service that MN deems necessary or appropriate in MNs sole discretion if MN believes You or Your transmissions or use of the Service may create liability for MN. Your use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with all Portugal laws, rules and other regulations applicable in connection with the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; (4) not to use the Service to infringe any third partys copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (5) not to transmit through the Service, through Feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems and You will not interfere with another users use and enjoyment of the Service.
(b) Proprietary Rights. In accordance with Your authorized use of the Service, MN grants You a limited license to use the viewer and server solely in connection with the Service offered by MN. You acknowledge that the viewer and server downloaded in connection with the Service is proprietary to MN and may be protected by copyrights, trademarks, product marks, patents or other proprietary rights and laws; therefore, You are only permitted to use the viewer and server as expressly authorized by the Service and these Terms. Further, BeAnywhere, StartControl, MN and the StartControl logo, and other names, logos, icons and marks identifying MNs products and services are trademarks of MN and may not be used without the prior written permission of MN. All other product names mentioned are used for identification purposes only and may be trademarks of their respective holders. You may not copy, reproduce, distribute or create derivative works of the viewer nor server without expressly being authorized to do so by MN. Further, You may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code from the viewer nor server. All rights not expressly granted in these Terms are reserved to MN.

6. PRIVACY.
MN will not sell or rent Your personally identifiable information to anyone unless You expressly consent to disclosures of Your personal identification and other personal information to third parties. We may send personally identifiable information about You to third parties when: a) We have Your consent to share the information or b) We find that Your actions on our Web site violate this Terms of Service or c) We respond to subpoenas, court orders or legal processes which require us to disclose Registration Data or any information about You to law enforcement or other government officials as MN, in its sole discretion, believes necessary or appropriate. More information on MNs current privacy policy for BASE can be found at http://www.beanywhere.com.
Please note this Privacy Policy will change from time to time. We expect most such changes to be minor, but there may be changes that are more significant.

7. MODIFICATIONS.
MN may change these TOS at any time and in its sole discretion by (i) posting a revised Terms of Service document on http://www.beanywhere.com and/or (ii) sending information regarding the Terms amendment to the email address You provide to MN. The modified TOS will be effective immediately upon posting and you agree to the new posted TOS by continuing your use of the Service. If you do not agree with the modified TOS, your only remedy is to discontinue using the Service and cancel your registration. You are responsible for regularly reviewing the http://www.beanywhere.com site to obtain timely notice of such amendments. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, MN reserves the right to modify or discontinue the Service with or without notice to You. MN shall not be liable to You or any third party should MN exercise its right to modify or discontinue the Service.

8. PASSWORDS AND SECURITY.
As part of the registration process, You will use Your email address as Your user name and You will choose Your passwords for access to Your designated computers. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of passwords and account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify MN of any unauthorized use of Your account or any other breach of security known to You, including if You believe that Your password or account information has been stolen or otherwise compromised.

9. TERMINATION.
MN may immediately terminate Your membership and right to use the Service if (a) You breach these Terms; (b) MN is unable to verify or authenticate any information You provide to MN; (c) such information is inaccurate; or (d) MN decides, in its sole discretion, to discontinue offering the Service. MN shall not be liable to You or any third party for termination of the Service. You may terminate Your Account and end Your use of the Service at any time, for any reason or for no reason. Upon termination of Your account, You shall remain liable for all fees incurred or accrued by You and any fees you may have paid in advance are nonrefundable. Upon expiration or termination for any reason, You are no longer authorized to use the Service or Software. When this Agreement is terminated and/or Your Account is canceled, You will no longer have access to data and other material You have stored on the Site and that material may be deleted by MN.

10. Maintenance and Updates.
You understand that MN may update the Software at any time, but is under no obligation to inform You of or furnish to You any such updates. This Agreement does not grant You any right, license or interest in or to any support, maintenance, improvements, modifications, enhancements or updates to the Software or supporting documentation. To the extent that MN supplies any updates to You, such updates will be deemed to be subject to the terms of this Agreement unless MN indicates otherwise. MN reserves the right to charge fees for any future versions of, or updates to, this Software.

11. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. MN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MN MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES MN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE VIEWER AND SERVER WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS) THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MN OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY.
IN NO EVENT SHALL MN OR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF MN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MNS LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. INDEMNITY.
You hereby agree, at Your expense, to indemnify, defend and hold MN harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; (b) any fraud or manipulation, or other breach of these Terms by You; or (c) any third-party claim, action or allegation brought against MN arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.

14. GENERAL TERMS.
These Terms are governed in all respects by the laws of Portugal. Both parties submit to personal jurisdiction in Portugal and further agree that any cause of action relating to these Terms shall be brought in a court in Portugal. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. MNs failure to act with respect to a breach by You does not waive MNs right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each partys successors and assigns. MN shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond MNs reasonable control. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered (i) by hand; (ii) by registered or certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice in accordance with this Section 12; (iii) by overnight courier or (iv) by electronic mail with confirming letter mailed under the conditions described in (ii). Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.
You understand and agree that You are solely responsible for periodically reviewing the Terms of Service.



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Downloads: 252
Updated At: 2024-03-19
Publisher: multiplicar-negocios
Operating System: windows
License Type: Free Trial