End user agreement for MaxiVista - Multi Monitor Software
1. Grant of License
1.1 Bartels Media GmbH grants you a non-exclusive, non-transferable license to use the software program "MaxiVista" including any documentation files accompanying the Software on one primary PC per license.
You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with Bartels Media GmbH.
The Software and Documentation contain material that is protected by Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Bartels Media GmbH. You may not remove any proprietary notice of Bartels Media GmbH from any copy of the Software or Documentation.
You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software.
You agree to reasonably communicate the terms and conditions of this Software License Agreement to those persons employed by you who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Program for the purpose of deriving the source code of the Program or defeating the license key. You must not publish the license key to any third party and must make sure that purchased license keys are not used on multiple computers.
We guarantee that PhraseExpress never transmits any personal information such as your phrase collection or word databases to any 3rd party over the internet.
The built-in update feature of the Software checks for new versions on our web server. Such queries are logged including the license key, time/date of access, Mac and IP address for a limited time on our server for security reasons and to avoid software piracy. The transmitted information is not personalized in any way.
We reserve the right to permanently disable license keys if violation of this license agreement is detected.
Minor updates containing bug fixes or minor improvements are free-of-charge and are provided within the release period of the current version. Minor updates are indicated by an increase of the version number's second digit, e.g. v4.0 to v4.1. Major new version are not free-of-charge but available at discount for existing customers of the previous version. Major new versions have an increased first digit of the version number, e.g. from v4.1 to v5.0.
8. Technical Support
We provide free installation support within 30 days after purchase. Additional technical support is provided in the support section of our website on a voluntary base. Maintenance packages are offered as a separate service and are not included in the license fee. Technical Support for a particular version is discontinued 30 days after release of a major new version.
9. Limited Warranty
BARTELS MEDIA GMBH WARRANTS CUSTOMERS FOR A PERIOD OF THIRTY (30) DAYS AFTER PURCHASE THAT THE SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION. SHOULD THE SOFTWARE NOT SO OPERATE, YOUR EXCLUSIVE REMEDY, AND BARTELS MEDIA GMBH'S SOLE OBLIGATION UNDER THIS WARRANTY, SHALL BE AT BARTELS MEDIA GMBH'S SOLE DISCRETION, CORRECTION OF THE DEFECT OR REFUND OF THE PURCHASE PRICE PAID FOR THE SOFTWARE. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY BARTELS MEDIA GMBH REGARDING THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARTELS MEDIA GMBH DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BARTELS MEDIA GMBH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. NO WARRANTY IS PROVIDED FOR USERS OF THE FREE EDITION.
10. Limitation of Liability
IN NO EVENT WILL BARTELS MEDIA GMBH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF BARTELS MEDIA GMBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BARTELS MEDIA GMBH'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
PHRASEEXPRESS IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF PHRASEEXPRESS COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). BARTELS MEDIA GMBH EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying all copies of the Software and Documentation in your possession or under your control. Bartels Media GmbH may terminate this License Agreement if Bartels Media GmbH finds that you have violated any of the terms of this License Agreement. Bartels Media GmbH may terminate this License Agreement for the free non-commercial license at any time. Upon notification of termination, you agree to destroy all copies of the Software and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement.
This License Agreement shall be construed, interpreted and governed by the laws of Germany without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate court sitting in Trier, Germany. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably affect the intention of the parties.
Bartels Media GmbH, Im Treff 20, 54296 Trier, Germany
General Manager: Gunnar Bartels, Trade Register: Local Court Wittlich (Germany) HRB 40276