End user agreement for Image Info Toolkit
BlueBox GmbH, Software License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE PRESSING THE "ACCEPT" BUTTON BELOW. BY PRESSING "ACCEPT," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT PRESS "ACCEPT."
1. License .
The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form ( here in after "BlueBox Software") are licensed to you by BlueBox GmbH or its local subsidiary( here in after "BlueBox")., if any You own the media on which the BlueBox Software is recorded but BlueBox and/or BlueBox's licensor(s) retain title to the BlueBox Software. The BlueBox software and any copies made and/or distributed under this License are subject to this License.
2. Permitted Uses and Restrictions.
This License allows you to copy, install and use the BlueBox Software on a single computer, you are not allowed to save and use the BlueBox software on more than one computer. This software is provided for your own use and may not be copied or distributed by you on magnetic or optical media, or over networks, electronic bulletin boards, web sites or other on-line services. Except as permitted by applicable law and this License, you may not decompile, reverse engineer, modify in any way, disassemble, rent, lease, loan, sell, distribute either for profit or without charge, or sublicense the BlueBox Software or any portion thereof. Your rights under this License will terminate automatically without notice from BlueBox if you fail to comply with any term(s) of this License.
3. Disclaimer Of Warranty.
Some of the BlueBox Software may be designated as alpha, beta, development, pre-release, untested, or not fully tested versions of the BlueBox Software. Such BlueBox Software may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the BlueBox Software is at your sole risk. The BlueBox Software is provided "AS IS" and without warranty of any kind and BlueBox and BlueBox's licensor(s) (for the purposes of Sections 3 and 4, BlueBox and BlueBox's licensor(s) shall be collectively referred to as "BlueBox") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. BlueBox DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE BlueBox SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE BlueBox SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE BlueBox SOFTWARE WILL BE CORRECTED. FURTHERMORE, BlueBox DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE BlueBox SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BlueBox OR AN BlueBox AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE BlueBox SOFTWARE PROVE DEFECTIVE, YOU (AND NOT BlueBox OR AN BlueBox AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING BlueBox PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY BlueBox'S NEGLIGENCE.
4. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BlueBox BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall BlueBox's total liability to you for all damages exceed the amount of fifty dollars ($50.00).
5. Controlling Law and Severability. If there is a local subsidiary of BlueBox in the country in which the BlueBox Software License was obtained, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of Germany and the European Union. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
6. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the BlueBox Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by BlueBox.