PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE AND ENTERING THE LICENSE NUMBER, YOU (LICENSEE) AGREE TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE SOFTWARE LICENSE AND WARRANTY DISCLAIMER (collectively referred to herein as the "Agreement"). THIS AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND THE AUTHOR. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND PROMPTLY RETURN IT FOR A FULL REFUND.
The enclosed manual and computer programs ("THE SOFTWARE") were developed and are copyrighted by heubach media, Osterfeldstraße 12-14, 22529 Hamburg, Germany (THE AUTHOR). THE LICENSEE get an non exclusive license by THE AUTHOR for use under the following terms, and THE AUTHOR reserves any rights not expressly granted to you. Neither the manual nor THE SOFTWARE may be copied in whole or in part except as explicitly stated below.
- DEMO LICENCE: Allow the LICENSEE to use the SOFTWARE only for testing purposes. No deployment! No Reselling!
- DEVELOPMENT LICENCE: Allow the LICENSEE to use the Software for development pupurses. No updates and no upgrades included! No deployment and reselling included!
- DEPLOYMENT Runtime Single-User Volume License: unlimited deployment (installation and use) for single user applications. No updates and no upgrades included! No reselling!
- DEPLOYMENT SERVER LICENSE: License required for each server deployment (installation and use) of COMPILED APPLICATIONS by the LICENSEE. No updates and no upgrades included! No reselling!
- OEM ANNUAL LICENSE: Annual renewable license granted to the LICENSEE to allow him to use the SOFTWARE in all of his developments. All updates (minor) and no upgrades (major) included! No resselling!
- NO-HASSLE-LICENSE: unlimited deployment and development. No updates (minor) and no upgrades (major) included! No reselling!
- RESELLING-LICENSE: unlimited reselling! No updates (minor) and no upgrades (major) included!
- ANNUAL-UPDATE-SERVICE-LICENSE: Getting updates (minor) and upgrades (major)! No reselling!
THE SOFTWARE and its manual is intellectual property of THE AUTHOR and/or its suppliers protected as such by German copyright law, international treaty provisions, and applicable laws of the country in which it is being used.
Trademarks, logos and trade-names quoted in this Agreement, on or in THE SOFTWARE are the property of their respective owners.
Any reproduction of THE SOFTWARE is only granted on the absolute condition that it contains all the legal specifications of THE SOFTWARE property.
4.1 Software License. THE AUTHOR hereby grants to THE LICENSEE, a non-exclusive, non-transferable license (the "License") to use and distribute THE SOFTWARE, for the purpose of distributing LICENSEE's own computer software (the "Licensee's Software") and to copy and distribute the SOFTWARE which are automatically embedded into Licensee's Software, either on a commercial or non-commercial basis, as defined here, subject to the terms and conditions set forth herein. THE AUTHOR, as Licensor, grants to you, the LICENSEE, a non-exclusive, non-transferable right to use this SOFTWARE, subject to the terms of the license as described below:
- Install and use THE SOFTWARE on any computer during the annual license subcription, provided that the software cannot be used by more than one developer at a time,
- make backup copies of THE SOFTWARE for its use provided they bear THE AUTHOR copyright notice,
- use THE SOFTWARE in custom or commercial COMPILED APPLICATIONS created by the original LICENSEE as long as the LICENSEE geys additional deployment licenses.
LICENSEE may not:
- use THE SOFTWARE for development after expiration of the annual license subscriptions,
- distribute copies of THE SOFTWARE to others (except as an integral part of a COMPILED APPLICATION within the terms of this License) or electronically transfer THE SOFTWARE from one computer to another over a network,
- distribute copies of the SOFTWARE as an integral part of a development shell or non COMPILED APPLICATION,
- decompile, reverse engineer, disassemble, or otherwise reduce the SOFTWARE to a human perceivable form, as the SOFTWARE contains trade secrets,
- modify, alter or remove any copyright notice, trademarks, logos, or any of THE AUTHOR marks of intelectual property,
- use backup copies of the SOFTWARE (or allow any third party to do so) for any other purpose than replacing the orginal SOFTWARE.
- MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR RESELL FOR PROFIT THE SOFTWARE OR ANY PART THEREOF.
- get additional development license to ensure that they have appropriate number of development licenses for the number of developers using THE SOFTWARE in their developments,
- get additional deployment licenses to ensure that they have the appropriate number of deployment license each time they deploy the SOFTWARE on more than the number of computers included in the annual developer license.
4.2. Initial Term. The term of the DEVELOPER LICENSE shall commence upon payment of the first annual developer license fee for the period of one (1) year, unless terminated sooner pursuant to the provisions of this Agreement.
4.3. Renewal Terms. After the initial or renewal terms, THE LICENSEE must renew his license if he is still using THE SOFTWARE in his developments (Licensee's Software) or continue to deploy Licensee's Software that uses THE SOFTWARE. THE LICENSEE shall pay his license renewal thru one of the authorized distributor of the SOFTWARE.
If THE LICENSEE does not renew his license, THE LICENSEE must not use THE SOFTWARE anymore in his developments or continue to deploy Licensee's Software that uses THE SOFTWARE.
The license fee for each such renewal term shall be raised no more than twenty-five (25%) percent from the previous year's licensing fee.
This license is effective until terminated. This license will terminate immediately without notice from THE AUTHOR if you fail to comply with any of its provisions. Upon termination you must destroy the SOFTWARE and all copies thereof, and you may terminate this license at any time by doing so.
THE AUTHOR may create, from time to time, produce updated versions of the SOFTWARE. At its option, THE AUTHOR will make such updates available to the Licensee if the LICENSEE have an Update-Service-LICENCE or an ANNUAL LICENCE AGREEMENT. Updated versions will constitute one an only product with the SOFTWARE subject of this agreement.
7.1. For International using:
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED , INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE AUTHOR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN THE TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE YOU, AND NOT THE AUTHOR OR IT'S DEALERS,
DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. However, if the software has been sold to you on disk(s), THE AUTHOR warrants to the original Licensee that the disk(s) on which the Software is recorded is free from defects in materials and workmanship under normal use and service for a period of thirty (30) days from the date of delivery as evidenced by a copy of the receipt.
THIS IS THE ONLY WARRANT OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT IS MADE BY THE AUTHOR ON THIS SOFTWARE PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE AUTHOR, IT'S DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
7.2. ADDITIONAL WARRANTY FOR GERMANY:
7.2.1 THE AUTHOR gewährleistet die Verfügbarkeit der Software nur in dem Maße, wie diese nicht auf Leistungen Dritter beruhen, die keine Erfüllungsgehilfen sind.
7.2.2 Weist die Software oder Module davon Mängel auf, so wird THE AUTHOR nach Wahl des Kunden innerhalb einer angemessenen Frist nachbessern oder eine mangelfreie Softwareversion nachliefern. Liefert THE AUTHOR zum Zweck der Nacherfüllung die Software im mangelfreien Zustand, so ist die mangelhafte Software von sämtlichen Datenträgern des Kunden vollständig zu beseitigen.
7.2.3 Der Gewährleistungszeitraum beträgt 12 Monate ab Lieferung.
7.2.4 Im Falle der Überlassung einer kostenlosen Basicversion, Demo- oder Freeware Version ist die Gewährleistung ausgeschlossen.
8.1 THE AUTHOR haftet bei Vorsatz oder grober Fahrlässigkeit für alle von ihr sowie ihren gesetzlichen Vertretern oder Erfüllungsgehilfen verursachten Schäden unbeschränkt. Bei leichter Fahrlässigkeit haftet hm im Fall der Verletzung des Lebens, des Körpers oder der Gesundheit unbeschränkt.
8.2 Im Übrigen haftet hm nur, soweit eine wesentliche Vertragspflicht (Kardinalpflicht) verletzt wurde. In diesen Fällen ist die Haftung auf den Ersatz des vorhersehbaren, typischerweise eintretenden Schaden beschränkt. Für einen einzelnen Schadensfall ist die Haftung auf den typischerweise vorhersehbaren Schaden begrenzt.
8.3 Im Falle der Überlassung einer kostenlosen Basicversion, Demo- oder Freeware Version ist die Haftung von hm auf Vorsatz und grobe Fahrlässigkeit beschränkt.
8.4 Die Haftung nach den Vorschriften des Produkthaftungsgesetzes bleibt unberührt.
LICENSEE shall not directly or indirectly transfer the SOFTWARE to any country to which such transfer would be prohibited by any applicable export control laws.
No change or modification to this Agreement will be valid unless it is in writing and is signed by a duly authorized representative of each party.
If any provision of this Agreement is held to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
The waiver by THE AUTHOR of one breach or default hereunder shall not constitute the waiver of any subsequent breach or default.
This is the entire agreement between THE AUTHOR and LICENSEE relating to the contents of the SOFTWARE and supersedes any other communications with respect to the SOFTWARE.
The relationship between THE AUTHOR and the LICENSEE is that of LICENSOR/LICENSEE. In all matters regarding to the present Agreement, the LICENSEE shall act as an independent contractor.
The terms and conditions of the present license regarding THE AUTHOR's liability cannot exclude any other legal warranty arising from a legislation of the user's country and takes precedence over the contravening provision.
Equally, some countries forbid the limitation and exclusion of liabilities mentioned above for the consecutive or incidental damages, consequently the present limitation of liability might not be applicable in this case.
The LICENSEE undertakes to respect the confidentiality of information and document which are prensented as such by THE AUTHOR, particularly the present Agreement and the results of any benchmark tests, without prior written consent of THE AUTHOR.
This agreement shall be governed by the german laws.
YOU ACKNOWLEDGE TO HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THE CONTRACT INDICATED ABOVE.
Should you have any questions, please contact THE AUTHOR or the nearest distributor.
Notice to United States Government end users:
Use, duplication or disclosure by the US Government is subject to restrictions stated in paragraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013.
©2016 by heubach media, Osterfeldstraße 12-14, 22529 Hamburg, Germany - All rights reserved
Portions are under Copyright of 4th Dimension & CardScan