End user agreement for Pro Motion
License Agreement for Pro Motion
Copyright ©1997-2011 by cosmigo, Germany
All rights reserved
IMPORTANT! Read carefully: this is a legal agreement.
By downloading, installing, copying, saving or otherwise using this SOFTWARE,
YOU (as defined below) become a party to this agreement and YOU are bound by
all the terms and conditions of this agreement.
If YOU do not agree to any of the terms or any of the conditions, or any of
the terms or conditions isn't valid in YOUR country, you must not install or
otherwise use SOFTWARE.
If you already downloaded or installed SOFTWARE, you must remove the SOFTWARE
from YOUR system and destroy all copies.
"cosmigo" means Jan Zimmermann, Author of "Pro Motion", Germany.
"YOU" (or "YOUR") means an individual or a legal entity exercising rights under,
and complying with all of the terms of, this agreement or a future version of
this agreement. For legal entities, "YOU" includes any entity which controls,
is controlled by, or is under common control with YOU. For purposes of this
definition, "control" means
(a) the power, direct or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or
(b) ownership of more than fifty percent (50%) of the outstanding shares or
beneficial ownership of such entity.
"SOFTWARE" means the binary code of Pro Motion with all its documentation and otherwise
bundled files, in whole or in parts.
3. Grant of license
SOFTWARE is owned and copyrighted by Cosmigo. It is licensed, not sold. Title to
SOFTWARE and all associated intellectual property rights are retained by Cosmigo.
Cosmigo grants YOU a non-exclusive and non-transferable right to use SOFTWARE
for lawful purposes under certain obligations and limited rights as set forth in
- Save and use the number of copies of the SOFTWARE for which the corresponding
fee has been paid. You must ensure, that only the number of users for which
the corresponding fee has been paid, are able to use SOFTWARE.
(If you purchased for example 5 licenses, only 5 users are allowed to use SOFTWARE,
no matter, whether SOFTWARE is installed on the 5 user's computer or is available
through a network share.)
- Make one copy of the SOFTWARE for archival purposes.
YOU must not:
1. reverse engineer, decompile, disassemble or otherwise make any attempt to
discover the source code of SOFTWARE;
2. modify or create derivative work based upon SOFTWARE in whole or in parts;
3. distribute copies of the SOFTWARE in whole or in parts;
4. remove any proprietary notices, labels or copyrights from the SOFTWARE;
5. resell, redistribute, lease, rent, transfer, sublicense or otherwise transfer
rights of the SOFTWARE without the prior written consent of Cosmigo.
4. Trial version license
YOU have a non-exclusive, non-transferable license to load and execute a unregistered
copy of the SOFTWARE for a period of thirty (30) days (the "Evaluation Period").
The unregistered copy of the SOFTWARE may only be used for evaluating and testing purposes
and not for general use.
The unregistered copy of the SOFTWARE may contain a feature that will automatically
disable the SOFTWARE after the end of the Evaluation Period.
YOU must not disable, destroy or remove this feature and any attempt to do so will
terminate YOUR license and rights under this agreement.
5. Limited warranty
If YOU have paid a license fee for SOFTWARE, Cosmigo warrants to YOU for a period of
ninety (90) days from the date of purchase, as evidenced by a copy of the receipt,
the media on which SOFTWARE is furnished (if any) will be free from defects in
material and workmanship under normal use.
Except for the foregoing, SOFTWARE is provided "AS IS".
6. Disclaimer of warranty
Unless specified in this agreement, all expressed or implied conditions, representations
and warranties, including any implied warranty of merchantability, fitness for a particular
purpose or non-infringement are disclaimed.
7. Limitation of liability
To the extent not prohibited by law, in no event Cosmigo or any third-party-developer
will be liable for any lost revenue, profit or data or for special, indirect, consequential,
incidental or punitive damages, however caused regardless of the theory of liability,
arising out of or related to the use of or inability to use SOFTWARE, even if Cosmigo
has been advised of the possibility of such damages.
Solely YOU are responsible for determining the appropriateness of using SOFTWARE
and accept full responsibility for all risks associated with its exercise of rights
under this agreement, including but not limited to the risks and costs of program
errors, compliance with applicable laws, damage to or loss of data, programs or equipment,
and unavailability or interruption of operations.
In no event will Cosmigo's liability to YOU, whether in contract, tort (including negligence)
or otherwise, exceed the amount paid by you for SOFTWARE under this agreement.
The foregoing limitations will apply even if the above stated warranty fails of
its essential purpose.
YOU acknowledge, that it is in the nature of software that software is complex and
not completely free of errors.
If the foregoing limitations are prohibited by YOUR countrie's law or by the countrie's
law where SOFTWARE should be used, SOFTWARE must not be used!
8. Disclaimer of damages
In no event shall Cosmigo or any third-party-developer be liable to you under any theory
for any damages suffered by YOU or any user of SOFTWARE or for any special, incidental,
indirect, consequential or similar damages (including without limitation damages for
loss of business profits, business interruption, loss of business information or any
other pecuniary loss) arising out of the use or inability to use SOFTWARE, even if
Cosmigo has been advised of the possibility of such damages and regardless of the legal
or quitable theory (contract, tort or otherwise) upon which the claim is based.
SOFTWARE has been created using technologies that are not fault tolerant and thus
the Software is not designed, manufactured, or intended for use in hazardous environments
including, but without limitation, 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 technologies employed in the Software
could lead directly to death, personal injury, severe physical, environmental or
This agreement is affected until terminated. YOU may terminate this agreement at
any time. This agreement will terminate immediately without notice from Cosmigo
if YOU fail to comply with the terms and conditions of this agreement. Upon termination,
YOU must delete SOFTWARE and all copies of SOFTWARE.
YOU agree that upon termination of this agreement for any reason, Cosmigo may take actions
so that SOFTWARE no longer operates.
10. Governing law
This agreement will be governed by the laws of Germany, without reference to conflict
of laws principles. YOU agree that any litigation relating to this agreement may
only be brought in and shall be subject to the jurisdiction of Chemnitz (Germany) City Court.
If any provision of this agreement is held to be unenforceable, this agreement will remain
in effect with the provision omitted, unless omission would frustrate the intent of the
parties, in which case this agreement will immediately terminate.
13. Reservation of rights
All rights not expressly granted in this agreement are reserved by Cosmigo. Cosmigo
reserves the right at any time to cease the support of Cosmigo and to alter prices,
features, specifications, capabilities, functions, licensing terms, release dates,
general availability or other characteristics of the SOFTWARE.