PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING
OR USING THE SOFTWARE.
BY CLICKING ON THE "ACCEPT" BUTTON,
DOWNLOADING THE PRODUCT, OR USING
THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND
BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS
WILL NOT CONTINUE, OR DO NOT DOWNLOAD THE PRODUCT.
Single User License Grant: the
seller
grants to Customer ("Customer") a nonexclusive and nontransferable
license to use the software ("Software") in object code form solely on a
single central processing unit owned or leased by Customer. For every
additional central processing unit owned or leased by Customer
seller
will be used on
customer has to buy an additional license.
Customer may make one (1) ixes to such
copy
all
copyright, confidentiality, and proprietary notices that appear on the
original.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY,
IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE;
REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE;
OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE
SOFTWARE.
Customer agrees that aspects
of the licensed materials, including the specific design and structure
of individual programs, constitute trade secrets and/or copyrighted
material of the
seller.
Customer agrees not to disclose, provide, or otherwise make available
such trade secrets or copyrighted material in any form to any third
party without the prior written consent of the
seller.
Customer agrees to implement reasonable security measures to protect
such trade secrets and copyrighted material. Title to Software and
documentation shall remain solely with the
seller.
LIMITED WARRANTY. the
seller
warrants that for a period of ninety (90) days from the date of shipment
from
the
seller that
the Software substantially conforms to its
published specifications. Except for the foregoing, the Software is
provided AS IS. This limited warranty extends only to Customer as the
original licensee. Customer's exclusive remedy and the entire liability
of
the
seller
under this limited warranty will be a refund of the
Software if reported (or, upon request, returned) to the
seller.
In no event does the
seller
warrant that the Software is error free or that Customer will be able to
operate the Software without problems or interruptions.
This
warranty does not apply if the software (a) has been altered, except the
seller
(b) has not been installed, operated, repaired, or maintained in
accordance with instructions supplied by the
seller,
or (d) is used in ultrahazardous activities.
DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING,
USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY
APPLICABLE LAW.
IN NO EVENT WILL
the
seller
BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR
FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF
the
seller
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In no event
the
seller ‘s liability to Customer, whether in contract, tort (including
negligence), or otherwise, exceed the price paid by Customer. The
foregoing limitations shall apply even if the above-stated warranty
fails of its essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR
EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
The above warranty DOES NOT apply to
any beta software, any software made available for testing or
demonstration purposes, any temporary software modules or any software
for which
the
seller
does not receive a license fee. All such software
products are provided AS IS without any warranty whatsoever.
This License is effective until
terminated.
Termination is
effective latest 89 days after issuing the license.
Customer may terminate this License at any time by destroying all copies
of Software including any documentation. This License will terminate
immediately without notice from
the
seller
if Customer fails to comply with any
provision of this License. Upon termination, Customer must destroy all
copies of Software.
This License shall
be governed by and construed in accordance with the laws of the Federal
Republic of Germany, as if performed wholly within the Federal
Republic and
without giving effect to the principles of conflict of law. If any
portion hereof is found to be void or unenforceable, the remaining
provisions of this License shall remain in full force and effect. This
License constitutes the entire License between the parties with respect
to the use of the Software.
