BLOWBITS SOLUTIONS LLP
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE OCTA WEBSITE OR OCTA GST SOFTWARE . BY USING THE OCTA WEBSITE OR OCTA GST SOFTWARE , YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE OCTA GST SOFTWARE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”. IF YOU ACQUIRED THE OCTA GST SOFTWARE FROM SOMEWHERE OTHER THAN OCTA GST WEBSITE AND IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DELETE OCTA GST SOFTWARE IMMEDIATELY FROM YOUR COMPUTER.
A. The Octa GST software, websites, documentation, interfaces, content and any data accompanying this License (collectively the “Octa Services”) are licensed, not sold, to you by BLOWBITS SOLUTIONS LLP (“Blowbits”) for use only under the terms of this License. Blowbits retain ownership of the Octa Services itself and reserve all rights not expressly granted to you.
B. Blowbits, at its discretion, may make available future upgrades or updates to the Octa Services. Upgrades and updates, if any, may not necessarily include all existing software features or new features that Blowbits releases. The terms of this License will govern any software upgrades or updates provided by Blowbits to the Octa Services, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update.
2. Permitted License Uses and Restrictions
A. License. Subject to the terms and conditions of this License, you have the right to use the Octa Services and are granted a limited, non-transferable, non-exclusive license. This license allows you to
(i) to download, install, use and run for personal use, one (1) copy of the Octa GST Software directly on each computer that you own or control for each subscription; and
(ii) if you are a commercial enterprise or educational institution, to download, install, use and run one (1) copy of the Octa GST Software for use either: (a) by a single individual on each of the Computer(s) that you own or control, or (b) by multiple individuals on a single shared Computer that you own or control. For example, a single employee may use the Octa GST Software on both the employee’s desktop Computer and laptop Computer, or multiple students may serially use the Octa GST Software on a single Computer located at a resource center or library.
B. System Requirements. Octa GST Software is supported only on intel computer hardware that meets specified system requirements as indicated by Blowbits.
D. Any financial or tax information displayed by the Octa GST Software is provided for general informational purposes only and is not intended to be relied upon as, or a substitute for, financial or tax advice. You are solely responsible for the financial or tax decisions made by you and any consequences resulting therefrom, and should always seek the guidance and advice of a financial or tax professional as appropriate. Neither Blowbits nor any of its licensors guarantees the accuracy, completeness, or timeliness of financial or tax information appearing within the Octa GST Software or that desired results will be obtained.
E. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, install, use or run the Octa GST Software on any unsupported computer, or to enable others to do so. Except as otherwise permitted by the terms of this License or otherwise licensed by Blowbits: (i) only one user may use the Octa GST Software at a time, and (ii) you may not make the Octa GST Software available over a network where it could be run or used by multiple computers at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Octa GST Software.
F. No Reverse Engineering. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Octa GST Software or any services provided by the Octa GST Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by the licensing terms governing use of Open-Sourced Components (as defined in Section 13) that may be included with the Octa GST Software).
G. Compliance with Laws. You agree to use the Octa GST Software and the Services in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Octa GST Software and Services.
I. Automatic Updates. Your computer will periodically check with Blowbits for updates and upgrades to the Octa GST Software and, if an update or upgrade is available, the update or upgrade will automatically download and install onto your computer. Octa GST Software may or may not allow you to turn off the automatic app updates.
A. Octa GST Software obtained from the website or by any other means, is not transferable. If you sell your computer hardware to a third party, you must remove the Octa GST Software from the computer hardware before doing so.
B. You may not transfer any Octa GST Software that has been modified or replaced. All components of the Octa GST Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.
C. Any copy of the Octa GST Software that may be provided by Blowbits for promotional, evaluation, diagnostic or restorative purposes may be used only for such purposes and may not be resold or transferred.
4. Consent to Use of Data
A. Diagnostic and Usage Data. You agree that Blowbits and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your computer, system and application software, and peripherals, that is gathered periodically to provide and improve Blowbits’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the Octa GST Software, and to verify compliance with the terms of this License. Blowbits may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above. To enable Blowbits’s partners and third party developers to improve their software and services, Blowbits may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.
This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Blowbits if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Octa GST Software and destroy all copies, full or partial, of the Octa GST Software.
6. Disclaimer of Warranties
A. If you are a customer who is a consumer (someone who uses the Octa GST Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about consumer rights, you should contact a local consumer advice organization.
b. you expressly acknowledge and agree that, to the extent permitted by applicable law, use of the octa gst software and any services performed by or accessed through the octa gst software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
c. to the maximum extent permitted by applicable law, the octa gst software and services are provided “as is” and “as available”, with all faults and without warranty of any kind, and blowbits and blowbits’s licensors (collectively referred to as “blowbits” for the purposes of sections 7 and 8) hereby disclaim all warranties and conditions with respect to the octa gst software and services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights.
d. blowbits does not warrant against interference with your enjoyment of the octa gst software and services, that the functions contained in, or services performed or provided by, the octa gst software will meet your requirements, that the operation of the octa gst software or services will be uninterrupted or error-free, that any services will continue to be made available, that the octa gst software or services will be compatible or work with any third party software, applications or third party services, or that defects in the octa gst software or services will be corrected. installation of this octa gst software may affect the availability and usability of third party software, applications or third party services, as well as blowbits products and services.
e. you further acknowledge that the octa gst software and services are not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in the content, data or information provided by, the octa gst software or services could lead to death, personal injury, or severe physical or environmental damage, including without limitation the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems.
f. no oral or written information or advice given by blowbits or an blowbits authorized representative shall create a warranty. should the octa gst software or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
7. Limitation of Liability
To the extent not prohibited by applicable law, in no event shall blowbits be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data or information, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the octa gst software or services or any third party software or applications in conjunction with the octa gst software or services, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if blowbits has been advised of the possibility of such damages. some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Blowbits will be liable to you for any damages (other than as may be required by applicable law in cases involving personal injury). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Complete Agreement Governing Language
This License constitutes the entire agreement between you and Blowbits relating to the use of the Octa GST Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Blowbits. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
9. Third Party Acknowledgements
Certain components of the Octa GST Software, and third party open source programs included with the Octa GST Software, may be made available by Blowbits as part of Octa GST Software. Acknowledgements, licensing terms and disclaimers for such components are contained in the electronic documentation for the Octa GST Software. Please refer to the electronic documentation since you may have additional rights in the Open Source Components.