This End-User License Agreement (“agreement”) is made between you, being an End-User (“licensee”) and the individual proprietorship Dipl.-Ing. (FH) Michael Hartl (“licensor”). You acknowledge that this agreement, as every written agreement, which is signed by you, is enforceable.
The agreement applies to the use of the licensor’s software and to all related contents (media, printed materials, and documentation).
By opening the software, by executing the licensing process or through downloading, installing, accessing, and using the software, you declare that you have read and understood the terms below and will observe them while using the software. If you do not acknowledge to agree to the terms hereinafter, you are not permitted to install and/or use the software.
1.) License grant
Subject to the acceptance of this agreement and the payment of all applicable fees, the licensor grants to the licensee a non-exclusive and non-transferable license for unlimited time (according to the license key) for the use of the software and the related content and documentation.
This license is for the licensee’s internal use only. The software is licensed, not sold. Therefore, the licensee does not own the software, parts of the software or parts from third parties integrated in the software.
2.) Limited warranty
The software (as well as therein integrated parts of third parties) runs like stated in the documentation and is provided without any kind of warranty (including any warranty of merchantability or applicability for a particular purpose or warranties of noninfringement of rights).
The licensor does not warrant that the software does not have any errors, that it runs securely and without trouble. Furthermore, it is not warranted that the software meets the requirements of the licensee or that it runs in connection with the licensee’s IT systems (hardware or software).
In no case the licensor is liable for any claim according to this agreement. The licensor assures to the licensee, according to Austrian law, that the software does not infringe any copyrights, patent rights or other laws on intellectual property.
3.) Limitation on liabilities
In no event shall the licensor be liable for any loss or damage, including, but not limited to, lost profits, interruption of business or production, data loss, consequential or other damages arising from the use or inability to use the software, even the licensor has been advised or would have been aware of the possibility of such damages, irrespective of the legal reason under which the claim is brought.
If the licensee put in a claim that the software caused damage due to the licensor’s gross negligence, the burden of proof rests with the licensee. In no event does the total liability of the licensor for all damages exceed the amount that the licensee paid for the software.
The licensor is not liable for the acts, errors, omissions, breaches, or negligence of any other supplier or for any damages or expenses resulting therefrom.
4.) Duration and termination
This agreement is effective upon the licensee’s acceptance of this agreement, or upon the first use of the software through the licensee. This agreement shall continue until it is terminated and will terminate automatically if the licensee fails to comply with the terms of this agreement. In this case the licensee has to remove the software from the system of the licensee and has to destruct the related contents. The termination does not release the licensee from any liabilities or obligations still to be paid. An infringement by the licensee entitles the licensor to file for injunctive or other suitable relief or legal remedies.
5.) Ownership and limitations
The software and the related contents are owned by the licensor. All rights of disposal and intellectual property to the software and the related contents remain with the licensor. The licensee acknowledges those rights and will not interfere the right of ownership or any other rights from the licensor.
The licensee has no right to share, publish, distribute, rent, or lend the software to third parties. The software and the related contents may not be copied, translated, changed, decompiled, dissembled or modified, as a whole or partially.
6.) Disclaimer of Guarantee
The licensor does not guarantee that the software runs without interruption or free of defects or that all discovered defects will be corrected. The software and the related contents are provided without any warranties, expressed or implied by law. The merchantability or applicability for a particular purpose is not guaranteed by the licensor.
The licensor reserves the right to, but shall not be obligated to provide error corrections, enhancements, updates, upgrades, modifications, and new versions for the software.
7.) Miscellaneous provisions
No disclaim. The omission of any party to enforce any rights regarding this agreement, or to initiate actions against the other party in case of any infringement of this agreement, does not represent a disclaim by that party regarding to subsequent enforcement of rights or subsequent actions in case of future infringements.
Amendments. The licensor reserves the right, in its sole discretion, to amend this agreement from time to time. If the licensee does not accept amendments made to this agreement, then this agreement will be immediately terminated.
Governing law and jurisdiction. This agreement is exclusively subject to Austrian law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The place of jurisdiction shall be the district court in Liezen.
Final Clause. If any term of this agreement be declared void or unenforceable, the other terms of this agreement will remain valid and applicable. The term being void or unenforceable shall be replaced by a legally valid term, that correlates closest with the purpose of the original term. Any arrangement, modification or amendment made to this agreement is considered ineffective unless this will be recorded in written form and approved by the licensor.