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Jenz & Partner GmbH End-User License Agreement
Please read this agreement carefully before using software provided
by Jenz & Partner GmbH. By installing and using our software, you
acknowledge that you have read this agreement, understand it and
agree to be bound by its terms and conditions.
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"), which owns a
proprietary computer software (collectively known as "Evaluator's
Application Suite" or "Software Product" and composed by "Freeware
Features" and "Non-Freeware Features").
A software license and a license key or serial number ("Software Product
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,
install or use the Software Product or the Software Product License. By
explicitly accepting this Agreement you are acknowledging and agreeing to
be bound by the following terms:
1. GRANT OF LICENSE
The Software Product is owned by JP. It is licensed, not sold. The Software
Product 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 non-exclusive, non-transferable
license to use the Software Product under certain obligations and limited
rights as set forth in this agreement:
- SINGLE-USER LICENSE: JP grants the non-exclusive, non-transferable right
for a single user to use this Software Product. Each additional user of
the Software Product requires an additional Software Product License. You
may use each Software Product License on more than one computer system,
as long as it is always used by the same user. You may transfer the Software
Product License to a different user only if you remove all previous
installations completely.
- SINGLE-MACHINE LICENSE: JP grants the non-exclusive, non-transferable right
to install this Software Product on a single computer system. Each additional
installation of the Software Product requires an additional Software Product
License. You may transfer the Software Product License to a different computer
system only if you remove the previous installation completely.
- FLOATING LICENSE: JP grants the non-exclusive, non-transferable right to
install this Software Product on multiple computer systems. An arbitrary
number of users may install the Software Product, but the maximum number of
concurrently running instances is limited according to your order. Each
additional concurrent user of the Software Product requires an additional
Software Product License. JP provides you with a License Server that manages
the use of floating licenses. You agree to be bound by the separate license
agreement of the license server.
- SITE LICENSE: JP grants the non-exclusive, non-transferable right to install
and use this Software Product on an arbitrary number of computer systems on
one site.
JP issues a Software Product License that allows you to use the Software Product
accordingly. You may not disclose the Software Product License in any way.
Backup Copy: You may make copies of the Software Product and the Software
Product 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 Software Product.
2. LICENSE TO DISTRIBUTE REDISTRIBUTABLE FILES
JP grants you a non-exclusive, non-transferable, limited license to
distribute files generated by the Software Product without fee
("royalty-free") provided that:
- You distribute these files only within the unmodified files generated
by the Software Product.
- You do not manually include any other part of the Software Product in
generated files and do not violate any other part of this agreement or
third-party rights.
- You do not remove or alter any proprietary legends or notices contained in
or on the redistributables.
- You only distribute the redistributables with a license agreement that
protects JP's interests consistently with the terms contained in this
agreement.
- You agree to defend and indemnify JP from and against any damages, costs,
liabilities, settlement amounts and/or expenses (including attorneys'
fees) incurred in connection with any claim, lawsuit or action by any
third party that arises or results from the use or distribution of any
redistributable files.
3. SUPPORT SERVICES
JP may provide you with support services related to the Software Product
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 software code or related materials that JP provides to
you as part of the support services, in periodic updates to the Software
Product or otherwise, is to be considered part of the Software Product 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.
4. RESTRICTIONS
You may not use, copy, or distribute the Software Product, except as granted
by this Agreement, without written authorization from JP.
You may not tamper with, alter, or use the Software Product in a way that
disables, circumvents, or otherwise defeats its built-in licensing
verification and enforcement capabilities.
You may not remove or alter any trademark, logo, copyright or other
proprietary notice, legend, symbol or label in the Software Product. You may
not modify or create derivative copies of the Software Product License.
You may not reverse engineer, decompile, defeat license encryption mechanisms,
or disassemble the Software Product or Software Product License except and
only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation. You may not rent, lease, lend, or in any way
distribute or transfer any rights in this Agreement or the Software Product to
third parties without JP's written approval, and subject to written agreement
by the recipient of the terms of this Agreement.
The Software Product 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, in which the failure of the
Software Product, or any software, tool, process, or service that was
developed using the Software Product, could lead directly to death, personal
injury, or severe physical or environmental damage ("High Risk Activities").
Accordingly, JP and its suppliers and licensors specifically disclaim any
expressed or implied warranty of fitness for High Risk Activities. You agree
that JP and its suppliers and licensors will not be liable for any claims or
damages arising from the use of the Software Product, or any software, tool,
process, or service that was developed using the Software Product, in such
applications.
5. THIRD PARTY RIGHTS
Any software provided along with the Software Product that is associated with
a separate license agreement is licensed to you under the terms of that
license agreement. This license does not apply to those portions of the
Software Product. Copies of these third party licenses are included in all
copies of the Software Product.
6. LIMITED WARRANTY
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JP DISCLAIMS ALL
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE
SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.
7. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL JP OR ITS
LICENSORS 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
JP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event
will JP's liability to Customer, 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. Some
states/jurisdictions do not allow the exclusion of incidental or
consequential damages, so some of the terms above may not be applicable
to Customer.
JP SHALL BE RELIEVED OF ANY AND ALL OBLIGATIONS WITH RESPECT TO THIS
SECTION FOR ANY PORTIONS OF THE SOFTWARE THAT ARE REVISED, CHANGED,
MODIFIED, OR MAINTAINED BY ANYONE OTHER THAN JP.
8. TERMINATION
This Agreement is effective until terminated. You may terminate this
Agreement at any time by destroying all copies of Software. 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 Software 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 Software.
9. 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.
10. 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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