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» version 1.0 - posted on 2007-04-24
» version 1.0 - posted on
EULA - End User License Agreement
1. LICENSE GRANT. Christoph Schmoliner grants you a license to use one copy of the version of this SOFTWARE on any system. "You" means the company, entity or individual who donwloaded this SOFTWARE. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features. This license is not transferable to any other system, or to another organization or individual.
2. OWNERSHIP. The SOFTWARE is owned and copyrighted by Christoph Schmoliner. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE .
3. COPYRIGHT. The SOFTWARE is protected by Austrian copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Christoph Schmoliner and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
4. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.
5. NO OTHER WARRANTIES. CHRISTOPH SCHMOLINER DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. CHRISTOPH SCHMOLINER DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
6. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL CHRISTOPH SCHMOLINER OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF Christoph Schmoliner HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CHRISTOPH SCHMOLINER'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
8. GOVERNING LAW. This Agreement shall be construed and the legal relation between the parties determined in accordance with laws of the Republic of Austria. This License Agreement shall be governed by the laws of the Republic of Austria, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the Republic of Austria. Any and all unresolved disputes relating in any way to, or arising out of, the Software, your use of the Software or this License Agreement shall be submitted to arbitration in the Republic of Austria. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
9. ENTIRE AGREEMENT. This is the entire agreement between you and Christoph Schmoliner which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.