End user agreement for Shop'NCook Recipe Costing Pro
RUFENACHT INNOVATIVE END-USER LICENSE AGREEMENT
Redistribution Or Rental Not Permitted
These license terms apply to Shop'NCook software of Rufenacht Innovative.
BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE SHOP'NCOOK SOFTWARE (THE "PRODUCT"), YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT AS THE "LICENSEE."
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST SELECT THE BUTTON INDICATING NON-ACCEPTANCE, YOU MUST NOT INSTALL OR USE THE PRUDUCT, AND YOU DO NOT BECOME A LICENSEE UNDER THIS AGREEMENT.
1. LICENSE GRANT. Rufenacht Innovative (the "licensor") grants Licensee a non-exclusive license to use one copy of the Product. "Use" includes using, storing, loading, installing, executing, and displaying the Product. Licensee may not modify the Product or disable any licensing or control features of the Product.
2. OWNERSHIP. The Product is owned and copyrighted by Rufenacht Innovative. The license confers the Licensee no title to, or ownership in, the Product and is not a sale of any rights in the Product.
3. COPIES. Licensee may only make copies of the Product for archival purposes. Licensee must reproduce all copyright notices in the original Product on all copies. Licensee may not copy the Product onto any public network.
4. RESTRICTIONS. Except as otherwise expressly permitted in this Agreement, Licensee may not: (i) modify or create any derivative works of the Product or documentation, including customization, translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product (except to the extent applicable laws specifically prohibit such restriction); (iii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product.
5. TRANSFER. Your license will automatically terminate upon any transfer of the Product. Upon transfer, you must deliver the Product, including all copies and related documentation, to the transferee. The transferee must accept these License Terms as a condition of the transfer.
6. TERMINATION. Rufenacht Innovative may terminate your license, upon notice, for failure to comply with any of these License Terms. Upon termination, you must immediately destroy the Product, together with all copies, adaptations and merged portions in any form.
7. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the Product shall remain in Rufenacht Innovative. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Rufenacht Innovative's ownership of or rights with respect to the
Product. The Product is protected by copyright and other intellectual property laws and by international treaties.
8. DISCLAIMER OF WARRANTIES. RUFENACHT INNOVATIVE MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. RUFENACHT INNOVATIVE DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RUFENACHT INNOVATIVE DOES NOT WARRANT THAT THE PRODUCT WILL SATISFY THE REQUIREMENTS OF THE LICENSEE OR THAT THE PRODUCT IS WITHOUT DEFECT OR ERROR.
9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LICENSOR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED THE MINIMUM OF THE FEES RECEIVED BY THE LICENSOR FROM LICENSEE FOR THIS LICENSE AND US$5, WITH THE EXCEPTION OF LIABILITY RESULTING FROM DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR, TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. EXPORT REQUIREMENTS. You may not export or re-export the
Product or any copy or adaptation in violation of any applicable laws or
11. CHOICE OF LAW AND JURISDICTION. THIS AGREEMENT SHALL BE GOVERNED BY THE LAW OF SWITZERLAND, WITHOUT REGARD TO ITS CHOICE OF LAW RULES, AND THE PARTIES AGREE TO BE SUBJECT TO THE JURISDICTION OF THE COURTS OF THE KANTON OF AARGAU IN SWITZERLAND AND THE COURTS LOCATED THEREIN.
12. MISCELLANEOUS. This Agreement, including all Exhibits and Schedules hereto, constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous oral or written agreements. This Agreement may not be modified or amended except by a writing which is signed by the duly authorized representatives of each of the parties. The failure of either party to exercise any right or the waiver by either party of any breach, shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of the Agreement. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, unless the unenforceability of the applicable provision would materially impair either party's ability to obtain substantial performance of the other party.