This Terms of Services apply to any entity that is willing to acquire the CBHotel’s Services.
The use of this website and of the Services is subject to the terms and conditions described herein. Any person visiting this site must comply with these terms and conditions.
In case you do not agree with these terms and conditions, please do not use this website.
1. GENERAL TERMS AND CONDITIONS
1.1. CBHotel has developed and will continue developing software for the management of hotel operations including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material (“Software”).
1.2. The Software has been released by CBHotel and is available on-line, on an “as-is” basis.
1.3. Licensee wishes to use such Software as a Service.
1.4. Use of the Software shall be for the sole purpose of developing Licensee’s hospitality industry and for professional use only.
1.5. Licensee acknowledges and accepts that CBHotel reserves the right to refuse Service to anyone for any reason at any time.
1.6. Licensee acknowledges and accepts that CBHotel shall not be liable to you or any third party for any modification, price change.
1.7. Licensee acknowledges and accepts these Terms of Services.
2. GRANT OF LICENSE
CBHotel grants to Licensee the right to use one (1) copy of the Software for the sole purpose of developing Licensee’s hospitality industry and for professional use only.
Software prices are paid by Licensee at once at prices available at CBHotel’s web site www.CBHotel.eu. The Payment must be done to CBHotel before Licenee gets the installation codes of the Software. Payments may be done through either means as specified in CBHotel’s web site www.CBHotel.eu.
Payments for CBHotel"s software are made only and exclusively via Internet at http://codecanyon.net by one of the following means: PayPal, credit/debit card VISA or MASTER.
All fees are inclusive of all taxes, levies, or duties imposed by banks.
All the upgrades are free for the first year of the date of payment of the product. After this trial period, the uprades will be subject to a fee. Prices will be available at CBHotel’s web site www.CBHotel.eu.
The service is billed in advance and is non-refundable. There will be no refunds or credits for unused service.
4. USE OF SOFTWARE
This right to use the Software is subject to the following additional specific obligations and covenants by Licensee concerning the use of the Software:
5.1. Your use of the Service is at your sole risk.
5.2. You are responsible for getting all necessary permits required for your activity.
5.3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, CBHotel or any other CBHotel’s service.
5.4. CBHotel may remove contents and accounts of its clients that CBHotel determines at its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Terms of Service.
5.5. Verbal, physical, written or other abuse (including threats of abuse or
retribution) of any CBHotel’s customer, employee, member or officer will result in account termination.
5.6. Licensee agrees that the Software is for its own use and its clients only and that it shall not sell or transfer any copies of the Software, shall not relicense, rent or lease the Software, use the Software for third party training, commercial time-sharing or service bureau use, or otherwise make the Software available to third parties;
5.7. Licensee agrees to make no copies of the Software;
5.8. Licensee agrees to make every reasonable effort to prevent others from making or obtaining copies of the Software;
5.9. Licensee hereby acknowledges CBHotel’s copyright in the Software regardless of whether the copyright notice appears on the Software or whether it has been filed with any Copyright Office or legal authority whatsoever;
5.10 Licensee hereby acknowledges and agrees that it does not acquire any rights in the Software, express or implied, other than those specified in this Terms of Service; and
5.11 Licensee agrees and confirms that it understands that the features, performance and configuration of the Software shall be determined by CBHotel at its sole discretion and may be modified at any time.
6. SUPPORT, UPDATES AND DESCONTINUANCE
CBHotel shall have no obligation to support or provide support services to Licensee relating to the Software.
CBHotel may from time to time make available updates, enhancements and/or modifications to the Software and may, at its sole discretion, provide such updates to Licensee which will be identified by a change in the Software version number, but is under no obligation to do so. The provision by CBHotel to Licensee of such updates, enhancements and/or modifications to the Software shall be free the first year of the Software use, and ofterwords will be subject to prices determinated in the CBHotel’s website.
7. LICENSEE FEEDBACK
Licensee agrees to provide CBHotel with comprehensive information regarding the Software (“Feedback”) as soon as possible after Licensee learns of such Feedback. Feedback shall include, but is not limited to, all information regarding any problems or defects in the Software encountered by Licensee. Licensee shall transmit Feedback to CBHotel by entirely written communication by email. All Feedback shall become the sole and exclusive property of CBHotel and may be used by CBHotel in any way without restriction or obligation to Licensee. CBHotel shall be free to use for any purpose any ideas, concepts, know-how, or techniques.
8. SPECIFIC WARRANTY DISCLAIMERS
LICENSEE UNDERSTANDS THAT CBHOTEL DOES NOT WARRANT THE SOFTWARE IN ANY WAY, INCLUDING BUT NOT LIMITED TO PERFORMANCE OR FEATURES OF THE SOFTWARE.
ALL WARRANTIES REGARDING THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED BY CBHOTEL.
THE SOFTWARE IS PROVIDED FOR DEVELOPING LICENSEE’S HOSPITALITY INDUSTRY AND FOR PROFESSIONAL USE ONLY.
LICENSEE AGREES TO USE THE SOFTWARE WITH ALL DUE CAUTION, AND TO TAKE EVERY PRECAUTION TO ENSURE THE INTEGRITY OF DATA, HARDWARE, AND SOFTWARE IN THE SOFTWARE’S OPERATING ENVIRONMENT.
LICENSEE FURTHER AGREES THAT CBHOTEL SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF CBHOTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CBHOTEL’S LIABILITY FOR DAMAGES HEREUNDER EXCEED THE AMOUNTS RECEIVED BY CBHOTEL AS A RESULT OF THIS TRANSACTION.
THESE WARRANTY DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THIS RIGHT-TO-USE LICENSE.
9. TRADE SECRETS AND CONFIDENTIALITY
In evaluating the Software, Licensee recognizes that the Software is confidential and proprietary to and a trade secret owned and/or licensed by CBHotel. Licensee hereby agrees not to disclose any information relating to Software (including, but not limited to, its existence, design and performance capabilities, the results of any performance/benchmark tests, and any authorization codes or license keys) to third parties without the prior written permission from CBHotel. Licensee shall treat all information regarding the Software provided by CBHotel as CBHotel’s “Confidential Information”, including without limitation the Software, source code, object code, documentation and any proprietary tools, proprietary knowledge or proprietary methodologies disclosed by CBHotel to Licensee. Licensee shall hold such Confidential Information in the strictest confidence and take all reasonable steps to protect such from any use, reproduction, publication, disclosure or distribution.
10. GOVERNING LAW AND COURTS
This License, its execution, interpretation and integration shall be governed by the laws of Bulgaria. Any dispute arising from this License shall be settled by the Courts of Sofia. CBHotel is a company duly organised under the laws of Bulgaria, with head offices at Sofia.
11. ENTIRE RIGHT TO USE LICENSE
Except where specifically stated otherwise herein, this Terms of Service constitute the complete License between the parties and supersedes all prior or contemporaneous Licenses or representations, written or oral, concerning the subject matter of this License. This License may not be modified or amended except in a writing signed by a duly authorized representative of each party. No other act, document, usage or custom shall be deemed to modify or amend this License.