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Jenz & Partner GmbH End-User License Agreement: Software Usage License
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" or "we"), 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"). The Software Product enables
you to create and edit documents (e.g. Evaluation Specifications, Request
for Proposals, Product/Service/Methodology Evaluations), collectively
known as "Digital Artifacts".
A software usage license and a license key or serial number ("Software
Usage 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 use the
Software Usage 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.
JP grants you a revocable, non-exclusive, non-transferable license to use
the Software Product under certain obligations and limited rights to use the
RFP Editor (Request For Proposal Editor) and the RFP Response Editor to create
and edit Digital Artifacts.
According to your order, JP grants you a revocable, non-exclusive,
non-transferable license to use the Software Product under certain obligations
and limited rights as set forth in this agreement:
- CONTENT AUTHORING LICENSE (CAL): JP grants the non-exclusive, non-transferable
right to use this Software Product in order to author digital artifacts using
the Evaluation Specification Editor, which other application software included
in the Software Product requires as input.
- SUBJECT MATTER EVALUATION LICENSE (SMEL): JP grants the non-exclusive,
non-transferable right to use this Software Product in order to perform
evaluations using the Evaluation Project Editor, which is part of the Software
Product.
- SERVICE PROVIDER LICENSE (SPL): This license combines a Content Authoring
License and a Subject Matter Evaluation License.
You may publish Digital Artifacts in a web site provided that such digital content
is incorporated for viewing purposes only and no permission is given to
download or save the Digital Artifacts for any reason.
JP issues a Software Usage License that allows you to use the Software Product
accordingly. You may not disclose the Software Usage License in any way.
Backup Copy: You may make copies of the Digital Artifacts created with the Software
Product, and the Software Usage 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 Artifacts.
2. 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 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 Digital Artifacts, except as granted
by this Agreement, without written authorization from JP.
You may not post web pages containing the Digital Artifacts 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 Artifacts.
You may not tamper with, alter, or use the Digital Artifacts 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 Artifacts or any part thereof
as a trademark or service mark, or claim any proprietary rights of any sort
in the Digital Artifacts or any part thereof.
You may not sell Digital Artifacts, except through JP or its agents, based on a
separate agreement.
You may not rent or lease Digital Artifacts or a copy thereof, to another
person or legal entity.
4. 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.
5. 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.
6. TERMINATION
This Agreement is effective until terminated. You may terminate this
Agreement at any time. 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.
7. 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.
8. 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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