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Jenz & Partner GmbH End-User License Agreement: Digital Content License
Please read this agreement carefully before downloading and using
the Digital Content provided by Jenz & Partner GmbH. By downloading
and using the Digital Content you acknowledge that you have read
this agreement, understand it and agree to be bound by its terms
and conditions. If you are accepting on behalf of a company, you
represent and warrant to JP that you have full authority to bind such
company.
This End-User License Agreement ("Agreement") is a legal agreement
between you (either an individual or a single entity known as
"Customer" or "you") and Jenz & Partner GmbH ("JP" or "we"). JP is
a provider of Digital Content.
A content license and a license key or serial number ("Digital Content
License"), issued only by JP or its authorized agents to a designated
user may be required according to the following agreement.
If you do not agree to the terms of this Agreement, then do not download,
import, install or use the Digital Content or the Digital Content License.
By explicitly accepting this Agreement you are acknowledging and agreeing
to be bound by the following terms:
1. GRANT OF LICENSE
The Digital Content is owned by JP. It is licensed, not sold. The Digital
Content is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. JP
reserves all intellectual property rights, including copyrights and
trademark rights.
According to your order, JP grants you a revocable, non-exclusive,
non-transferable license to use the Digital Content under certain obligations
and limited rights as set forth in this agreement.
You may use, modify and publish the Digital Content in accordance with
the terms of this Agreement.
You may modify the Digital Content in order to produce derivative work
that suits your specific needs in the context of a particular product or
service acquisition process. You may only use application software included
in the Evaluator's Application Suite (EAS) to produce derivative work.
You may generate artifacts that application software included in the
Evaluator's Application Suite (EAS) requires as input.
You may publish derivative work in a web site provided that the Digital Content
is incorporated for viewing purposes only and no permission is given to
download or save the Digital Content for any reason.
JP issues a Digital Content License that allows you to use the Digital Content
accordingly. You may not disclose the Digital Content License in any way.
Backup Copy: You may make copies of the Digital Content and the Digital
Content License as reasonably necessary for the use authorized above,
including as needed for backup and/or archival purposes. No other copies may
be made. Each copy must reproduce all copyright and other proprietary rights
notices on or in the Digital Content.
2. SUPPORT SERVICES
JP may provide you with support services related to the Digital Content
according to your order. Use of any such support services is governed
by policies described on JP's web site (http://www.jenzundpartner.de).
Any supplemental supporting materials that JP provides to you as part of
the support services, in periodic updates to the Digital Content or otherwise,
is to be considered part of the Digital Content and is subject to the
terms and conditions of this Agreement.
With respect to any technical information you provide to JP as part of the
support services, JP may use such information for its business purposes
without restriction, including for product support and development. JP will
not use such technical information in a form that personally identifies
you without first obtaining your permission.
3. RESTRICTIONS
You may not use, copy, or distribute the Digital Content, except as granted
by this Agreement, without written authorization from JP.
You may not post web pages containing the Digital Content or your derivative
work on servers other than those owned or operated by Customer or JP or our
agents.
You may not translate, reverse engineer, decompile, or disassemble the
Digital Content.
You may not tamper with, alter, or use the Digital Content in a way that
disables, circumvents, or otherwise defeats its built-in licensing
verification and enforcement capabilities.
You may not use or permit the use of the Digital Content or any part thereof
as a trademark or service mark, or claim any proprietary rights of any sort
in the Digital Content or any part thereof.
You may not rent, lease, assign, transfer or redistribute the Digital Content
or a copy thereof, to another person or legal entity.
4. LIMITATION OF WARRANTIES AND LIABILITY
THE DIGITAL CONTENT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT
ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY,
SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE
OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS
TO THE RESULTS AND PERFORMANCE OF THE DIGITAL CONTENT IS
ASSUMED BY YOU. NEITHER WE NOR OUR AGENTS OR SUPPLIERS SHALL
HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR
PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC
LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE
FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY
TO YOU AND THAT OF OUR AGENTS AND SUPPLIERS SHALL NOT EXCEED
THE AMOUNT PAID BY YOU FOR THE DIGITAL CONTENT. THE LIMITATIONS
IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH
OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A
FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. TERMINATION
This Agreement is effective until terminated. You may terminate this
Agreement at any time by destroying all copies of Digital Content. This
Agreement will terminate immediately without notice from JP if you
fail to comply with any provision of this Agreement. Either party may
terminate this Agreement immediately should any Digital Content become,
or in either party's opinion be likely to become, the subject of a claim of
infringement of any intellectual property right. Upon Termination,
you must destroy all copies of Digital Content.
6. SEVERABILITY
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.
7. INTEGRATION
This Agreement is the entire agreement between you and JP relating to
its subject matter. It supersedes all prior or contemporaneous oral or
written communications, proposals, representations and warranties and
prevails over any conflicting or additional terms of any quote, order,
acknowledgment, or other communication between the parties relating to
its subject matter during the term of this Agreement. No modification
of this Agreement will be binding, unless in writing and signed by
an authorized representative of each party.
This Agreement is governed by the laws of Germany. Exclusive jurisdiction
and place of performance is Erlensee or Hanau, Germany, as long as
permitted by applicable law. The United Nations Convention for the
International Sale of Goods shall not apply.
CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT,
UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
For inquiries please contact: Jenz & Partner GmbH,
Hainstr. 40a, 63526 Erlensee, Germany
Copyright (c) 2007 Jenz & Partner GmbH
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EAS