End user agreement for ActiveHTML
SOFTWARE LICENSE AGREEMENT
seliSoft software products
PLEASE READ CAREFULLY!
There are two license agreements, that you both must accept in order to use the software. If you are using the registered version, only the second license agreement applies. Please read them carefully!
Additional License Agreement only for the Trial Version
This is software product is not free. Subject to the terms below, you are hereby licensed to use this software for evaluation purposes without charge for a limited time. If you use this software after the evaluation period, you have to buy a license. Unregistered use of the software after the evaluation period is in violation of German and international copyright laws.
Provided that you verify that you are distributing the evaluation version without your personal license information, you are hereby licensed to make as many copies of the trial version of this software and documentation as you wish; give exact copies of the original trial version to anyone; and distribute the trial version of the software and documentation in its unmodified form via electronic means. There is no charge for any of the above. You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing the software and/or documentation with other products (commercial or otherwise) without prior written permission.
License Agreement for Trial and Registered Version
Agreement conditions to the utilization of seliSoft-Products is subsequently applicable to you, the end-user (hereafter referred to as 'licensee'). Through installing the delivered computer program on to an electronic processing unit you thereby consent to these agreement conditions. Therefore please carefully read the following text in full. You may not install the software if you don't agree with these terms of contract.
1. Subject to the agreement
This agreement concerns the computer program recorded on the data carrier (disk) the program description and operating instructions, and all other accompanying written material. These are referred to as software from here on. seliSoft would like to point out that, due to the state of technology, it is not possible to produce computer software than will function throughout employment and configurations without any errors at all. Therefore only software, that is used according to program description and instructions of use, is subject to this agreement.
2. Extent of use
For the duration of this agreement seliSoft grants you the simple, not exclusive, personal right (referred to as 'license' in the following) to use the enclosed copy of seliSoft software on a single computer, and in one place only. If the computer is a system for multiple users, you need a single license for every user. As licensee you may transfer substantial software (i.e. stored on a data carrier) from one computer to the other, yet on the condition that is wiped from the computer initially used. Any further usage is not permitted.
3. Special restrictions
The licensee is prohibited from:
a) entrusting the software or the accompanying written material with a third party, or making it accessible for him/her without written approval from seliSoft
b) altering, translation, breaking down the development, decompiling or disassembling the software without former written permission from seliSoft
c) producing works resembling the software or duplicating written material
d) from translating or altering the program or creating versions of written material
4. Rights of Ownership
With the purchase of this product you are only entitled to the possession of the substantial software data which the software is recorded on. This does not include the acquisition of rights to the software itself. seliSoft reserve the right to publicize, reproduce, alter or exploit the software.
The software and accompanying written manual is protected by copyright. If the software does not include copy protection, its reproduction is only permitted when for security purposes. You are obliged to include the seliSoft copyright annotation with the security copy. No copyright statement or therein registration number from the software may be removed. The copy or reproduction of the software and its written accompaniment is strictly forbidden, be this in whole or part, in original or changed form, merged together with or enclosed in other software.
6. Transference of right to use
The right to use the software can only be passed on to a third party with written consent from seliSoft and in accordance with the terms of this agreement. Hiring or lending the software out is strictly forbidden.
7. Agreement validity
This agreement is valid indefinitely. Should the licensee violate a condition of the agreement his/her right to use the software automatically lapses without prior notice. On the termination of the right to use (s)he is obliged to destroy the original disk as well as the copies (including those modified) of the software and written material.
8. Recovery of damages to the agreement
seliSoft point out that you will be held liable for any violation of the copyright terms.
seliSoft are entitled to up-date software at their own discretion. They are not obliged to make program up-dates available to those licensees who have not paid the up-date fee.
10. seliSoft guarantee and liability
a) seliSoft ensure the original licensee that the data carrier (disk or CD) which the software is recorded on and the accompanying hardware are free from defects when subject to normal operating conditions and looked after throughput performance.
b) Should the data carrier (disk or CD) or accompanying hardware be faulty, the acquisitor can demand compensation delivery as long as the guarantee is valid, which it is up to 6 months post delivery. To do this the disk must be returned to either seliSoft or the dealer it was bought from, along with its possibility accompanying hardware, the security copy, written material and duplicate of the receipt/bill.
c) If a fault, as defined in 10b, is not made good by replacement delivery within a reasonable length of time, the customer can either demand a reduction: the purchase price, or contract rescission.
d) For the reasons mentioned above and in paragraph 1, seliSoft do not assume liability for errors made by the software. seliSoft take above all no responsibility for the software being sufficient for the acquisitors demands and purposes, or for it working with other programs chosen by her/himself. The purchaser alone carries responsibility for the consequences of using the software, as well as for intended or achieved results. The same applies to written material accompanying the software. If the software cannot be used as defined in note 1 the purchaser has the right to countermand the agreement. seliSoft have the same right when the software serviceable, as defined in note 1, cannot be manufactured at affordable cost.
e) seliSoft is not liable for damage unless it is caused with intent or by gross negligence on their part. Liability for gross negligence is impossible for those merchants. Liability for possible guaranteed features of seliSoft is not affected. Liability for damage caused by defectiveness not covered by the guarantee, is not possible even if seliSoft has been advised of the possibility of such damages. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you. Be this case, seliSoft total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence) or otherwise, exceed the amount paid by you for the software.
11. Governing law
Any action related to this License will be governed by German law. No choice of law rules of any jurisdiction will apply.
12. Multi-user packages, company licenses
If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" License whose terms vary from this agreement, then the hardcopy License governs your use of the Software.
13. High risk activities
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). seliSoft specifically disclaims any express or implied warranty of fitness for High Risk Activities.
14. Trademarks and logos
All trademarks and service marks are the property of their respective owners.
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Tel: +49-8562-9 63 99 38
Fax: +49-8562-9 63 99 39