This License Agreement is a legal agreement between you (either an individual or legal entity) and Dare to be Creative Ltd., a limited liability company established and existing under the laws of Austria (hereinafter ‘Dare to be Creative') for the use of Yum.
The Yum Software (the computer programs in machine readable object code form issued by Dare to be Creative pursuant to this License Agreement) together with the Documentation (all manuals, user documentation and other related materials pertaining to the Yum Software) and/or other materials distributed with the Yum disk image, CD or any other media containing these materials) is licensed, not sold, to you by Dare to be Creative, and Dare to be Creative reserves all rights not expressly granted to you within this license agreement. Under no circumstances shall source code of Yum be made available to you by Dare to be Creative. The Yum Software and Documentation are collectively referred to as 'Yum'.
By downloading, installing, copying or otherwise using all or any portion of the Yum Software you agree to be bound by the terms of this License Agreement. If you do not agree to this License Agreement, do not use the Yum Software. If you purchased Yum and do not agree to this License Agreement, you may obtain a refund of the purchase price provided that you a) do not use the Yum Software, and b) if you have purchased your copy from elsewhere than the www.creativebe.com website, forthwith return your purchased copy of Yum with proof of payment to the location from which it was obtained.
Dare to be Creative may, at its sole discretion, grant you a Demo License, a Commercial License, a Site License and / or a Not for Resale (NFR) License. Unless otherwise stated, the Demo License Terms as set out under (A) are applicable to your use of Yum if you have not purchased or otherwise rightfully obtained a Commercial License, a Site License or an NFR License for Yum. The Demo License Terms are also applicable to your use of Yum on any computers that are not covered under any Commercial Licenses, Site Licenses or NFR Licenses you may have. The Commercial License Terms as set out under (B) are applicable to your use of Yum if you have rightfully obtained a Commercial License for Yum. The Site License Terms as set out under (C) are applicable to your use of Yum if you have rightfully obtained a Site License for Yum. The NFR License Terms under (D) are applicable to your use of Yum if you have been provided with an NFR License of Yum by Dare to be Creative or its subsidiaries.
Dare to be Creative grants you a non-exclusive, non-transferable license to use Yum for time-limited evaluation purposes, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend Yum to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void. Yum may be used for 15 days from the first time you run Yum. Upon lapse of such period all of or part of the functionality of Yum will be disabled automatically. Dare to be Creative may, at its sole discretion, decide to prolong the tryout period and will inform you thereof via the website www.creativebe.com or by contacting you by email, by phone or in writing. If you wish to use Yum after the tryout period, you will need to purchase a Commercial License.
Dare to be Creative grants you a non-exclusive license to use Yum, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend Yum to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.
The Yum Software requires online activation in order to use it under the Commercial License Terms. If you do not activate your copy of Yum, all of or part of the functionality of your copy of Yum will disable automatically 15 days after you first run it. Dare to be Creative may at its sole discretion decide to adjust the exact technical conditions under which un-activated Yum copies cease to work.
You are required to submit personal information during online activation. You need an active, functional internet connection to activate your copy of Yum. Your licensed use of Yum is bound to the computer(s) you used to complete activation. You may need to reactivate your copy of Yum after replacing the logic board or otherwise changing the hardware configuration of your computer. You may need to contact Dare to be Creative to complete reactivation.
This License grants you the right to activate and use Yum on either (a) one computer used by multiple people, or (b) several computers, within reasonable limits, used by one and the same person. Dare to be Creative may at its sole discretion define and adjust what said reasonable limits amount to. This License does not allow multiple users to use Yum on multiple computers.
The right to transfer the activated copy of the Yum Software to another computer is personal. To transfer your activated copy of the Yum Software to another computer you may need to contact Dare to be Creative. You may transfer your Yum license rights only once and permanently to another person or legal entity under the conditions that you transfer Yum in its entirety, you do not retain a copy of Yum or any part thereof yourself and the receiving party reads, agrees with and accepts the terms and conditions of this License Agreement. If you activated your license before transferring it you may need to contact Dare to be Creative to complete the transfer.
Dare to be Creative may render this License Agreement null and void if it finds that the personal information you submitted during online activation is incorrect, inaccurate or outdated. It is your sole responsibility to keep Dare to be Creative informed of any changes in your personal information. You may do so by contacting Dare to be Creative through the 'Contact', 'Support' or similar sections of the website www.creativebe.com or, if available, from within Yum itself. Dare to be Creative may require you to verify any changes to personal information.
Dare to be Creative may use your personal information to validate your personal license rights, to prove to the reseller where you purchased your Yum license that you purchased your Yum license there and to contact you with information related to Yum. Dare to be Creative may share this information with its licensors. Dare to be Creative will not sell or license usage of your personal information to third parties.
Dare to be Creative grants you a non-exclusive license to use Yum, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend Yum to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.
The Yum Software requires online activation in order to use it under the Site License Terms. If you do not activate your copy of Yum, all of or part of the functionality of your copy of Yum will disable automatically 15 days after you first run it. Dare to be Creative may at its sole discretion decide to adjust the exact technical conditions under which un-activated Yum copies cease to work.
You are required to submit personal information during online activation. You need an active, functional internet connection to activate your copy of Yum. Your licensed use of Yum may be bound to the computer(s) you used to complete activation. You may need to reactivate your copy of Yum after replacing the logic board or otherwise changing the hardware configuration of your computer. You may need to contact Dare to be Creative to complete reactivation.
Online Activation under the Site License Terms may require additional communication by email between you and/or your employees and Dare to be Creative to complete such activation.
This License does not allow Yum to be activated and used on computers that are not either a) owned by you, b) owned by any fully owned subsidiary of you, c) owned by or operated primarily by your employees or employees of any fully owned subsidiary of you. This License furthermore does not allow the use of Yum other than for business purposes of your company.
You may not transfer your Yum Site License to another person or legal entity unless Dare to be Creative, at its sole discretion, grants you the right to perform such a transfer. To request a transfer of your Site License you will have to contact Dare to be Creative in writing with details pertaining to said desired transfer, including the name and contact details of the other person or legal entity you wish to transfer your Site License to. Dare to be Creative will respond in writing and in a timely manner to communicate its decision regarding said transfer. Any decision communicated to you by Dare to be Creative regarding such a requested transfer will be considered final and undisputable. Dare to be Creative may contact you a) by email, b) in writing or c) by telephone to request additional details regarding said desired transfer if it deems obtaining more information necessary to come to a decision.
When a requested transfer of your Site License is granted, you may transfer your Yum license rights only once and permanently to another person or legal entity under the conditions that you transfer Yum in its entirety, you do not retain a copy of Yum or any part thereof yourself and the receiving party reads, agrees with and accepts the terms and conditions of this License Agreement, and the other person or legal entity is the same party that Dare to be Creative has granted you the right to transfer your license rights to.
Dare to be Creative grants you a non-exclusive, non-transferable license to use Yum for evaluation, promotional and/or review purposes, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend Yum to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the NFR License null and void. If you wish to use Yum for other than the stated purposes, you need to purchase a Commercial License to use Yum. Dare to be Creative may, at its sole discretion, decide to extend your allowed usage of Yum beyond the stated uses and will inform you thereof via the website www.creativebe.com or by contacting you by email, by phone or in writing.
Yum requires online activation in order to use it under the terms of the NFR License. If you do not activate your copy of Yum, all of or part of the functionality of your copy of Yum will disable automatically 15 days after you first run it. Dare to be Creative may at its sole discretion decide to adjust the exact technical conditions under which un-activated Yum copies cease to work.
You are required to submit personal information during online activation. You need an active, functional internet connection to activate your copy of Yum. Your licensed use of Yum is bound to the computer(s) you used to complete activation. You may need to reactivate your copy of Yum after replacing the logic board or otherwise changing the hardware configuration of your computer. You may need to contact Dare to be Creative to complete reactivation.
Unless otherwise stated, an NFR License allows you to activate and use Yum on one (1) computer. If you want to use Yum on more computers, please contact Dare to be Creative through the 'Contact', ‘Support’ or similar sections of the website www.creativebe.com to request extension of your NFR License to cover more computers.
The rights to transfer your activation of Yum to another computer are bound to you personally. To transfer your Yum activation to another computer you may need to contact Dare to be Creative. You may not transfer your Yum license rights to another person or legal entity. If you know of anyone else who should obtain an NFR License for Yum, please contact Dare to be Creative through the 'Contact', ‘Support’ or similar sections of the website www.creativebe.com.
Dare to be Creative may render this License Agreement null and void if it finds that the personal information you submitted during online activation is incorrect, inaccurate or outdated. It is your sole responsibility to keep Dare to be Creative informed of any changes in your personal information. You may do so by contacting Dare to be Creative through the 'Contact', 'Support' or similar sections of the website www.creativebe.com or, if available, from within Yum itself. Dare to be Creative may require you to verify any changes to personal information.
Dare to be Creative may use your personal information to validate your personal license rights, to prove to the reseller where you purchased your Yum license that you purchased your Yum license there and to contact you with information related to Yum. Dare to be Creative may share this information with its licensors. Dare to be Creative will not sell or license usage of your personal information to third parties.
These General Terms are applicable on the Demo License, the Commercial License, the Site License and the NFR License.
Copyright and other intellectual, industrial and/or proprietary rights to Yum and to any whole or partial copies that you make are owned by Dare to be Creative or its licensors. Dare to be Creative permits you to use Yum only in accordance with the terms of this License Agreement. All rights not specifically granted by Dare to be Creative are reserved by Dare to be Creative. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of Yum except for those uses allowed in this License Agreement. Dare to be Creative is willing to provide you the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that Yum is the subject of copyright and other intellectual, industrial or proprietary rights of Dare to be Creative and/or third parties.
You are free to replace those libraries and resources included in the Yum software that are covered explicitly under a license that allows for such modification. Documentation on which libraries and resources in the Yum software are covered by such a license can be found through the ”Acknowledgments” menu item in the Yum software, or can be emailed to you upon request. Dare to be Creative is not responsible for any malfunctions or incompatibilities that may occur after any adjustments you make to the Yum software. Machine-readable source code of any used software components that are licensed under the LGPL license and machine-readable documentation needed to relink other components of Yum to (within a reasonable scope) modified Yum of such software components will be provided to you by Dare to be Creative upon request, but only after the costs involved with providing such software components have been paid by you to Dare to be Creative. Dare to be Creative does not warrant or guarantee that you will be able to produce a modified functional version of the Yum Software and offers no support of any kind pertaining to any attempt to do so. You may not reverse engineer and debug Yum for any other purpose than to make it work with the replaced libraries and resources that are licensed under the LGPL license. Yum's update mechanism may replace the entire contents of the Yum software. Any changes you have made to the Yum application package will likely be lost during an update. Dare to be Creative is free to deny support if you refuse to use the update mechanism. Dare to be Creative is free to change the structure and contents of the Yum software in any way in an update or new release.
All and any above offers for machine-readable source code and/or documentation will expire three (3) years after the moment of rightful obtainment of Yum by the intial licensee of this agreement, or three (3) years after Dare to be Creative ceases to offer Yum for download and/or sale from the www.creativebe.com website, whichever is earlier, with the following exception.
You may not use the Yum name or logo or the Dare to be Creative name or logo to advertise any changes you make to Yum. You may not redistribute Yum or any part thereof except for those parts explicitly covered under a license that allows for such redistribution. Dare to be Creative will take best effort to provide you with more information concerning the used Yum of the above mentioned libraries and resources in a timely manner when you request such information through the 'Contact', 'Support' or similar sections of the website www.creativebe.com.
Any license to use Yum granted to you under this License Agreement is limited to the release of Yum which you rightfully obtained on the basis of this License Agreement. Dare to be Creative may offer free updates to Yum. Dare to be Creative does not guarantee that any other releases of Yum will be made available to you free of charge or that your rights under this License Agreement will automatically be applicable to any future releases of Yum.
Fees may apply for additional services and products offered by Dare to be Creative and others, including, but not limited to, services that integrate with Yum or extend the functionality of Yum.
The Commercial License and NFR License both do not allow Yum to be activated and used on more computers than the number of computers you have obtained said License(s) for. Dare to be Creative may, at its sole discretion, for your convenience decide to allow you to activate Yum on additional computers within reasonable limits. Notwithstanding such a decision you are only licensed to use Yum simultaneously on the amount of computers you have obtained said License(s) for.
Dare to be Creative may, at its sole discretion, decide to suspend further activations performed under said License(s), and/or render said License(s) null and void, if it considers the amount of activations performed under said License(s) to be excessive. You and/or the person performing activation will be informed of such a decision either a) in writing, b) by email, c) by telephone and/or d) from within the Yum Software.
Dare to be Creative is providing you Yum on an "as-is" basis without warranty of any kind. Dare to be Creative does not and cannot warrant the performance or results you may obtain by use of Yum. Dare to be Creative does not and cannot warrant that Yum operates error-free.
In the event your original copy of Yum appears to be damaged on receipt thereof you have the right to return the damaged copy, which will then be replaced by Dare to be Creative or its distributors free of charge in case the damaged copy is received by Dare to be Creative or the distributor where you purchased Yum within eight (8) days from the receipt by you of the original copy. Any damaged copies received by Dare to be Creative or its distributor after said period will be replaced only against payment by you of all costs incurred by performing the replacement. The above only applies if you rightfully obtained an original copy of Yum on physical media. Dare to be Creative does not warrant that Yum operates on the type of computer owned by you and you shall be solely responsible for obtaining a computer compatible with Yum.
The above warranty does not apply if the Yum Software a) has been altered, except by Dare to be Creative, b) has not been installed, operated, repaired or maintained in accordance with the instructions supplied by Dare to be Creative, c) has been subjected to abnormal physical or electrical stress, misuse, negligence or accident.
To the maximum extent permitted by applicable law, Dare to be Creative is not liable to you or to any third party for any damages, either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to damages rising from inability to use Yum or access data, loss of data, loss of business, loss of profits, business interruptions or the like) arising out of the use or inability to use Yum even if Dare to be Creative has been advised of the possibility of such damages. In no event shall Dare to be Creative's total liability to you exceed the amount of 29 Euros (EUR 29.-) or the amount for which you purchased a Yum Commercial License or Site License if less than EUR 29. If you purchased your license in another currency, a fair estimation of the purchase price will be made by Dare to be Creative or its subsidiaries. Notwithstanding the above, or anything else contained in this License Agreement, neither party’s liability for death or personal injury resulting from its own negligence shall be limited. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Dare to be Creative will make an effort to provide you with email support pertaining to your use of Yum. Said support will be limited to topics within the domain of basic usage of Yum. Dare to be Creative is not required to offer you general advice on technologies underlying or related to Yum. Dare to be Creative reserves the right to cease offering support of any kind pertaining to the usage of older releases of Yum whenever a new release, whether for free or for pay, of Yum becomes available.
If Yum is, or in Dare to be Creative's opinion is likely to become, the subject of a claim of infringement, Dare to be Creative shall have the right, without obligation and at its sole discretion, to: a) procure for you the right to continue to use Yum; b) replace or modify Yum in such a way as to make the modified version of Yum non-infringing; or c) terminate this License Agreement, provided that in the event of such termination, Dare to be Creative shall refund the License fees paid by you on a prorated basis, taking into account the term Yum has been used or owned, whichever is longer, by you. The foregoing states Dare to be Creative's and its subsidiaries entire liability and obligation to you and your sole remedy with respect to any actual or alleged infringement of intellectual property rights of any kind.
Dare to be Creative and its subsidiaries may collect and use technical and related information, including but not limited to technical information concerning your computer, system and application software. Dare to be Creative and its subsidiaries are free to use this information in any form that does not personally identify you or your computer. Any collection of technical and related information by Dare to be Creative and its subsidiaries shall be limited in such a manner that Dare to be Creative and its subsidiaries will not be capable to reconstruct the contents of files and folders you use from within Yum or any other personal files and folders that are accessible to Yum when you use Yum.
Dare to be Creative may issue a License Code or License Key (sometimes also referred to as the Serial Number or Serial Key) to you, which you may need to activate Yum under the terms of the Commercial, NFR and/or Site Licenses. Dare to be Creative and its subsidiaries and distributors may link said License Code or License Key to you personally. Any given License Code or License Key is considered for your usage only and may not be distributed, published or otherwise communicated to third parties by you, unless permission to do so is granted to you in writing by Dare to be Creative.
Yum may make use of third party software components. Notwithstanding the foregoing, use of some third party materials included in the Yum Software may be subject to other terms and conditions. The official copyright notices and specific license conditions of such third party software components are to be found via the ”Acknowledgments” menu item of Yum or can be emailed to you upon request. You hereby agree to the terms and conditions for any and all such third party software components.
This License Agreement is effective until terminated. Without prejudice to any other rights, Dare to be Creative may immediately terminate this License Agreement if you fail to comply with any of the terms and conditions set out in this License Agreement. In such event you must cease all use of Yum and destroy all copies of Yum that are in your possession. Inaction of Dare to be Creative to terminate this License Agreement after you fail to comply with any of the terms and conditions set out in this License Agreement does not imply a waiver of any kind of the rights reserved by Dare to be Creative under this and other provisions.
Your delivery and payment conditions or any other general or special conditions shall not apply. This License Agreement is the entire agreement between you and Dare to be Creative relating to Yum and supersedes all prior oral or written communications and representation with respect to Yum or any other subject matter covered by this License Agreement. If any of the provisions of this license Agreement is held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.
You agree not to export, re-export or use Yum except as explicitly authorized by Austrian law and the laws of the jurisdiction in which you obtained your Yum license. If you purchased or use Yum in the United States, you may not export or re-export Yum to any U.S. embargoed country or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Yum, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use Yum for any purposes prohibited by United States law, including without limitation, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons.
Yum is defined as “Commercial Items”, as defined by 48 C.F.R. §2.101 and consists of “Commercial Computer Software” and “Commercial Computer Software Documentation” as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Yum is being licensed to U.S. Government end users only as Commercial Items, consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202–1 through 227.7202–4 as applicable, and with only the same rights granted to all other end users in the terms and conditions of this License Agreement. All unpublished rights are reserved under the Copyright laws of the United States, Austria and International agreements.
This License Agreement is governed by Austrian law or at Dare to be Creative’s sole discretion the law of any court which may have jurisdiction. This License shall not be governed by the UN Convention on contracts for the international sale of goods. You agree that Dare to be Creative, at its sole discretion, may elect to bring legal action regarding any dispute arising from or in connection with this License Agreement before the courts of Vienna, Austria or in any court in any country which may have jurisdiction and you herewith irrevocably and unconditionally submit to the exclusive jurisdiction of the courts chosen by Dare to be Creative.
Should you have any questions concerning this License Agreement, please contact Dare to be Creative through the appropriate sections of the website www.creativebe.com.