END USER LICENSE AGREEMENT
THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND EINKLANG.VISUALS. IT PROVIDES A LICENSE TO USE THIS SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU ARE INDICATING YOUR ASSENT TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, DO NOT DOWNLOAD OR INSTALL THE SOFTWARE, DISCONTINUE ITS USE IMMEDIATELY AND DESTROY ALL COPIES IN YOUR POSSESION.
1. DEFINITIONS
a) "einklang.visuals" means einklang.visuals GmbH.
b) "Software" means the executable code of Advanced Installer, additional tools, libraries, source files, header files, data files, any updates or error corrections provided by einklang.visuals, any user manuals, guides, printed materials, on-line or electronic documentation.
c) "License Key" means a serial number issued to you by einklang.visuals to activate and use the Software.
d) "Hardware" is a set of PC components, which are clearly identifiable through hardware IDs.
2. LICENSE GRANTS
2.1 Trial Features License. einklang.visuals grants you an unlimited license to use the Trial Features of the Software. You may download and use the Software after installation ("Trial Period"). During the Trial Period, einklang.visuals grants You a limited, non-exclusive, non-transferable, non-renewable license to copy and use the Software for evaluation purposes only and not for any commercial use.
At einklang.visuals's discretion, einklang.visuals may provide limited support through email or discussion forums at einklang.visuals web site. The evaluation copy of the Software contains limited functionality compared to the full license.
2.2 License After Trial Period. This Software is licensed, not sold. During the Trial Period, You have the option of paying a license fee in order to use the Software with full feature set. By paying the license fee the Trial Period ends. Upon your payment of the license fee, einklang.visuals provides you with a permanent registration number ("License key") and grants you a limited, non-exclusive, non-transferable license to:
a) use the Software on a defined Hardware basis meaning the license is bound to the specific hardware which the License key is generated for.
b) copy the Software in machine-readable form solely for archival and backup purposes.
c) freely use the software both in commercial and non-commercial purpose
3. LICENSE RESTRICTIONS
3.1 You shall undertake any necessary steps to protect the License Key against unauthorized use.
3.2 You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
3.3 You may not sell, rent, lease, sub license, transfer, resell for profit or otherwise distribute the Software or any part thereof.
3.4 You may not modify the Software or create derivative works based upon the Software.
3.5 You may not remove or obscure any copyright and trademark notices relating to the Software.
4. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
4.1 This Agreement gives you limited rights to use the Software. einklang.visuals retains all rights, title and interest in and to the Software and all copies thereof, including copyrights, patents, trade secret rights, trademarks and other intellectual property rights. All rights not specifically granted in this Agreement, including International Copyrights, are reserved by einklang.visuals. The structure, organization and code of the Software are valuable trade secrets and confidential information of einklang.visuals.
5. LIMITATION OF LIABILITY
5.1 einklang.visuals's cumulative liability to You or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to einklang.visuals for use of the Software.
5.2 einklang.visuals shall be relieved of any and all obligations for any portions of the software that are revised, changed, modified, or maintained by anyone other than einklang.visuals.
6. PATENT AND COPYRIGHT INDEMNITY
6.1 einklang.visuals represents and warrants that the Software shall not infringe or misappropriate any copyrights, patents, trade secret rights, trademarks and other intellectual property rights.
6.2 In the event the Software is found to infringe, einklang.visuals will have the option, at its expense, to
a) modify the Software to cause it to become non-infringing;
b) substitute the Software with other Software reasonably suitable to You, or
c) if none of the foregoing remedies are commercially feasible, terminate the license for the infringing Software and refund any license fees paid for the Software.
6.3 einklang.visuals will have no liability for any claim of infringement based on
a) code contained within the Software which was not created by einklang.visuals;
b) use of a superseded or altered release of the Software, except for such alteration(s) or modification(s) which have been made by einklang.visuals or under einklang.visuals's direction, if such infringement would have been avoided by the use of a current, unaltered release of the Software that einklang.visuals provides to You, or
c) the combination, operation, or use of any Software furnished under this Agreement with programs or data not furnished by einklang.visuals if such infringement would have been avoided by the use of the Software without such programs or data.
7. LIMITED WARRANTIES
7.1 THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. EINKLANG.VISUALS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE. EINKLANG.VISUALS MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. IN PARTICULAR, THE SOFTWARE IS NOT DESIGNED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE. EINKLANG.VISUALS EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES.
7.2 einklang.visuals warrants that it holds the proper rights allowing it to license the Software and is not currently aware of any actions that may affect its rights to do so.
7.3 einklang.visuals cannot guarantee that the Software will work at all times. If you change your operating system or hardware, the software may not work anymore. You acknowledge and agree that such changes are fair and reasonable.
7.4 You should make sure that it is legal to use the Software in your country or jurisdiction. einklang.visuals only provides a license for You to use the software. It is Your responsibility to make sure that You are allowed to use the Software.
7.5 einklang.visuals reserves the right at any time to cease the support of the Software and to alter prospectively the prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
7.6 einklang.visuals does not take responsibility on any misconduct and/or illegal usage of the Software i.e playing pirated media or pictures containing impropriate content.
7.7 einklang.visuals does not take any responsibility for incorrect or risky health related mis-usage, such as Photosensitive epilepsy (PSE). The Licensee (You) is responsible for the correct and proper usage of the software.
8. HIGH RISK ACTIVITIES
8.1 The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). einklang.visuals and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
9. THIRD PARTY SITES AND SOFTWARE
9.1 This Software will direct you to third party Web sites. einklang.visuals does not control, endorse, or guarantee content, including software, data or other information found on such third party sites. You agree that einklang.visuals is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that einklang.visuals shall not be liable for any loss or damage of any sort associated with your use of third party content. Access to these sites is provided for your convenience only.
9.2 This Software contains third party software. By accepting this EULA, You are also accepting the additional terms and conditions with respect to such software, if any, forth herein.
10. AUDIT RIGHTS
10.1 einklang.visuals audits your use of the Software to verify compliance with this Agreement. The Software is configured to enable periodic HTTP communication with einklang.visuals. During this communication, license information is transmitted from the Software to einklang.visuals to ensure license compliance. The information transmitted during these periodic updates includes the operating system, license serial number, and other relevant information to verify compliance. If you are unwilling to provide this communication capability, you may opt out of ongoing communication, but you will no longer receive Software updates and search engine configuration updates. If the usage of the Software is considered to be out of compliance with this Agreement, the Software may, without notice, cease to function.
10.2 During the audit process, einklang.visuals has the ability to personally identify the individual that registered with einklang.visuals to acquire the Software license ("Registrant") through the identification number assigned to your account at the time of registration, by using the personal information the Registrant provided to einklang.visuals during the registration process. Such personal information will only be used by einklang.visuals in connection with such audit process.
11. SEVERABILITY
11.1 If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected.
12. GOVERNING LAW
12.1 This Agreement is to be governed by and construed in accordance with the laws and jurisdiction of the defending party. Service of process upon either party shall be valid if served by registered or certified mail, return receipt requested and to the most current address provided by such party. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
13. TERMINATION
13.1 Your license to use the Software continues until terminated. This license will terminate automatically if you fail to comply with any term hereof. No notice shall be required from einklang.visuals to effect such termination. You may also terminate this Agreement at any time by notifying einklang.visuals in writing of termination. On termination, you must destroy all copies of the Software. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.
14. ASSIGNMENT
14.1 Neither this Agreement nor any rights granted hereunder may be sold, leased, assigned, or otherwise transferred, in whole or in part, by you, whether voluntary or by operation of law. Any such attempted assignment shall be void and of no effect without the prior written consent of einklang.visuals.
15. ENTIRE AGREEMENT
15.1 This Agreement contains the entire agreement between einklang.visuals and You related to the software and supersedes all prior agreements and understandings, whether oral or written. It may be amended only by a writing executed by both parties.