End user agreement for eMFlow Solution R1
END-USER LICENCE AGREEMENT (EULA)
eMFlow Solution R1 (Release 1)
IMPORTANT: THIS END-USER LICENSE AGREEMENT (EULA) SHALL APPLY TO THE PRODUCT EMFLOW SOLUTION R1 (RELEASE 1), WHICH INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, AND ONLINE OR ELECTRONIC DOCUMENTATION IN THE FOLLOWING REFERENCED AS "SOFTWARE". PLEASE READ THIS AGREEMENT CAREFULLY. THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (LICENSEE) EITHER AN INDIVIDUAL OR A SINGLE ENTITY, ON WHICH COMPUTERS THE SOFTWARE IS GOING TO BE INSTALLED AND THE DT&S IT-SYSTEMS GMBH (LICENSER). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT.
BY INSTALLING AND USING THIS SOFTWARE YOU CONFIRM THAT YOU HAVE READ THIS LICENSE AND THAT YOU ACCEPT ALL THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT INSTALL, COPY OR USE THE SOFTWARE IN ANY WAY.
dt&s IT-Systems GmbH
NOTICE: THIS SOFTWARE CONTAINS FUNCTIONS THAT ARE AVAILABLE ONLY FOR A LIMITED TIME AND ARE SUBJECTS FOR DEACTIVATION, AFTER THE EVALUATION PERIOD HAS PASSED.
§ 1 TITLE AND RESERVATION OF RIGHTS
(1) You acknowledge that this SOFTWARE is intellectual property of and are owned by the licenser and his suppliers and is protected by national and international copyright and other intellectual property laws and treaties. The SOFTWARE also includes the product key-file or activation code which you receive from the licenser. Title and all rights of the SOFTWARE are reserved by the licenser and its suppliers if not expressly authorized otherwise.
§ 2 GRANT OF EVALUATION LICENSE
(1) The SOFTWARE is licensed, not sold. Provided you comply with all terms and conditions of this EULA the licenser grants you as Licensee a personal, non-exclusive, non-transferable, limited, revocable license to install and use unlimited number of copies of the SOFTWARE on your computers without fee for evaluation for 30 days ("Trial Period") specified by the applicable software key for evaluation. Following the expiration of the Trial Period selected functions are being deactivated without the necessity to be announced and without any claims that can be withdrawn from this.
(2) After the Trial Period the licenser grants you additional 11 months ("Extended Trial Period") to use the software exclusively for private purpose. During this Extended Trial Period the SOFTWARE is not intended for any commercial use or for any use in commercial or development setting. Thus for commercial usage you either must uninstall the SOFTWARE or purchase a commercially applicable license of the full version eMFlow Solution R2 (Release 2).
(3) You acknowledge that the SOFTWARE contains and/or represents patents, trade-marks, business secrets, know-how and other intellectual property rights, and that the licensor or its suppliers are the owners of these rights.
(4) The non-commercial uncharged distribution of the SOFTWARE to others for evaluation purpose is permitted and intended. The licensee is obliged to copy or distribute the SOFTWARE unaltered and in its entirety on any data medium.
§ 3 LIMITATIONS
(1) The licenser grants you to use the SOFTWARE in accordance with all terms. You are expressly not authorized to
a) deactivate any technical restrictions of the SOFTWARE, to
b) reverse engineer, decompile, or disassemble the SOFTWARE, to
c) rent, re-sell, lease, or lend the SOFTWARE or to use it for any purpose other than demonstration, test or evaluation, to
d) transfer the license of this SOFTWARE to third parties or to
e) use the SOFTWARE for commercial software hosting services.
§ 4 TERMINATION
(1) This license is valid for the Trial Period. It shall remain in full force and effect unless and until terminated. You can terminate this license if you uninstall all instances of the SOFTWARE and destroy all its copies.
(2) Without prejudice to any other rights, the licenser may cancel this license immediately if you do not comply with the terms and conditions of this EULA, in which case you must destroy all copies of the SOFTWARE and all of its component parts.
(3) The licensee is liable for any damage caused due to violations against any of these licensing terms. The licensee shall fully and effectively indemnify the licenser for any claim, action, proceeding, liability or expense suffered by the licenser as a result of your unauthorized use of the licensed SOFTWARE.
§ 5 DISCLAIMER OF WARRANTY
(1) The licenser tries to keep the software as bug-free as possible. It has been carefully developed and tested and is subject for further optimization and enhancements. But it's a general rule that no software ever is error free, and the number of errors increases with the complexity of the program. Hence you are aware that program errors cannot be completely excluded using state-of-the-art technology. Therefore, such errors shall not represent defects as defined by law.
(2) To the maximum extent permitted by applicable law, the licenser and its suppliers provide to you the SOFTWARE, and any (if any) support services relating to the SOFTWARE ("Support Services") "AS IS" AND WITH ALL FAULTS. Some countries including members of the European Union do not allow certain limitations or complete exclusion of warranty for consequential damage or loss. It may be possible, that for these countries the following terms may not be applicable. Thus to the maximum extend allowed by national law the licenser and its suppliers hereby disclaim with respect to the SOFTWARE and Support Services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. In no event shall the licenser or its supplies be liable for any special, incidental, indirect, punitive or consequential damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the software product or the support services, or the provision of or failure to provide support services, or otherwise under or in connection with any provision of this EULA, even if the licenser or any supplier has been advised of the possibility of such damages. The entire risk arising out of use or performance of the software product and any support services remains with you.
(3) Claims if any are owed to the licenser only in case of an intentional or grossly negligent breach of duty.
(4) Program errors in the SOFTWARE shall be reported in writing, and should be specified and documented in such a way as to enable the examination as regards content.
(1) In order to activate the SOFTWARE the licensee needs to register himself to the licenser's registration server. As major prerequirement for the validity of this license the licensee is obliged to enter valid data and to confirm that the data was correct at the time when entered. The licensee agrees that the licenser and its partners and affiliates may collect and use technical information gathered as part of the product support services provided to the licensee if any, related to the SOFTWARE. The licenser may use this information to improve his products or to provide customized services or technologies to you.
(2) Hereby you agree that during registration and activation the SOFTWARE will gather and send information about the operation system and the device to the registration server in order to generate the activation-key for the evaluation phase. The creation of the activation-key is based on selected technical information about the device and the operating system and is being transformed based on a specific procedure ("One-Way-Hash") into anonymous format.
§ 7 MODIFICATIONS AND UPDATES
(1) The licenser reserves the right to make updates of the SOFTWARE available to the licensees. In no event shall the licenser or its supplies shall be obliged to create such updates. The licenser is fully authorized to deliver updates for new operation systems or Outlook versions.
§ 8 SUPPLEMENTARY CLAUSE
(1) This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE is the entire agreement between you and the licenser relating to the SOFTWARE and the Support Services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE or any other subject matter covered by this EULA.
(2) Modifications of, and amendments to these agreements, as well as the waiver of rights from this agreement must be effected in text form (for instance e-mail, fax) or in writing.
(3) This contract is governed by the law of the Federal Republic of Germany. UN sales law (CISG) shall not apply. The place of performance for all obligations under this contract shall be Berlin, Germany.
Please send your questions or suggestions to:
dt&s IT-Systems GmbH
Version: 22'nd of February 2010
Copyright © 2010-2012 dt&s IT-Systems GmbH, Berlin - All rights reserved.