End user agreement for HTML File Translator
This License Agreement, limited liability and warranty ("License Agreement") is a legally binding agreement between you (either an individual or an organization) and AceBIT GmbH ("AceBIT") about the software product HTML-File-Translator ("Software"), including any other associated software, associated media, and printed or online documentation.
BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
The following terms for the use of AceBIT Software apply to you as the end user ("End User"). By installing the Software, you agree to the terms and conditions of this License Agreement. It is therefore important that you read the following text completely and carefully. If you do not agree to the terms and conditions of this License Agreement, do not install the Software. In this case, return unused Software immediately to where you purchased it. The purchasing price will be refunded.
Terms and Conditions
1. Grant of License
This License Agreement covers the computer program as supplied (on disk/CD, as e-mail attachment or file download), the software description and user manual, as well as any other components and accompanying printed or online material. The above mentioned is included in the term "Software". AceBIT explicitly states that, due to the current state of technology, it cannot be guaranteed that produced computer software operates uninterruptedly and error-free in any possible combination with other applications. This License Agreement therefore only concerns the Software and its use as described in the program description and user manual.
2. Scope of Use
sofTRANS grants you the following rights for the period of the Agreement: single, non-exclusive, and personal right ("License") to use the included copy of the AceBIT Software on any single computer (i.e. computer with one single central processing unit). You are also entitled to install the Software on a second home or a portable computer, provided that this second computer is used exclusively by him or her. Any other use of the Software is prohibited.
3. Specific Restrictions
The End User is prohibited to:
a) make the Software accessible to third parties without prior written permission of AceBIT.
b) transmit the Software from one computer to any other computer via a network or data transmission channel.
c) modify, translate, reverse engineer, de-compile or disassemble the Software without prior written permission of AceBIT .
d) read, open or load the included search services database with any software other than HTML-File-Translator, or modify the search services database.
e) produce material which is based on the Software, or copy the accompanying printed or online material.
f) translate or modifying the accompanying material, or produce any written material based on it.
By purchasing the product, the End User only acquires ownership of the physical storage medium on which the Software is recorded, or the delivered files. You do not acquire any rights in the Software itself. AceBIT explicitly reserves all rights of publication, reproduction, modification, and commercial usage.
The Software and the accompanying material are protected by copyright law. As far as the Software is not copy protected, the End User may create one single backup copy for archival purposes. The End User must label or add the copyright mark of AceBIT GmbH to this backup copy. You are not permitted to remove any copyright marks from the Software. Neither is it allowed to make copies of any part of the Software or the accompanying material in original or modified form.
6. Transfer of User Right
The right to use the Software can only be transferred to third parties with prior written permission of sofTRANS, and under the terms and conditions of this License Agreement. The End User is prohibited to lend, rent, lease or otherwise transfer the Software.
This License Agreement is not limited in time. The End User's right to use the Software is terminated immediately and automatically without notice, when the End User fails to comply with all terms and conditions of this License Agreement. If the usage right is terminated, you must destroy the original disk/CD or delivered files and the backup copy of the Software, including any modifications, as well as the accompanying material.
8. Liability in the Case of Breach of Contract
sofTRANS explicitly states that you shall be held liable for any damages suffered by AceBIT which result from breach of contract on your part, with special reference to copyright.
9. Modifications and Upgrades
AceBIT reserves the right to produce upgraded versions of the Software at its own discretion. AceBIT is not obliged to make such upgrades available to End Users who have failed to register their license or to pay the fee for the upgrade version (if a fee is charged). Services of AceBIT regarding the Software are only available for the current and the immediately preceding version of the Software. The End User is not entitled to obtain services for older Software versions.
10. Warranty and Liability of AceBIT GmbH
a) AceBIT guarantees the original End User that, at the time of purchase, the storage medium (disk/CD) on which the Software is supplied, or the supplied files and the hardware supplied with the Software are free from material defects under normal usage conditions and normal service.
b) In the event of a faulty storage medium (disk/CD) or a defect in the hardware supplied with the Software, the End User is entitled to a replacement within the warranty period of 6 months from the date of delivery. In such a case, the End User shall return the disk/CD and any supplied hardware, including the backup copy and the printed material, as well as a copy of the invoice/receipt of purchase to AceBIT or the dealer from which the product has been purchased.
c) Based on the reasons outlined under 1., AceBIT disclaims any warranty regarding the error-free performance of the Software. AceBIT explicitly disclaims any warranty for the Software meeting the requirements and expectations of the End User, and for the error-free performance of the Software in conjunction with other programs used by the End User. The End User alone is responsible for the proper selection and the consequences arising from the use of the Software, as well as for the intended or achieved results of such actions. This also applies to the accompanying material. If the Software is not generally usable in the sense of 1., the End User is entitled to withdraw from the contract. AceBIT retains the same right, if the production of usable Software in the sense of 1. is not reasonably possible.
d) AceBIT disclaims any liability for damages, with the exception of damages caused intentionally or by gross negligence on the part of AceBIT . The liability for damages caused by gross negligence is not applicable for commercial End Users. The liability for properties promised by AceBIT remains untouched. AceBIT disclaims all liability for consequential damages that are not part of the warranty.
Any dispute arising under this License Agreement shall be settled before a competent court in Darmstadt, Germany.
If you have any questions regarding this License Agreement, please write to: AceBIT GmbH, Darmstaedter Str. 1, D-64354 Reinheim, Germany