Terms and Conditions (AGB), End User License Agreement

IMPORTANT, PLEASE READ CAREFULLY! THIS IS A LEGALLY BINDING AGREEMENT

Preamble

This End User License Agreement (hereinafter referred to as "AGREEMENT") is a legal agreement between you (either an individual or a single entity) and the sole proprietorship (Einzelunternehmen) owned by Dipl.-Ing. Georg Winkler (herinafter referred to as "LICENSOR"), existing under the laws of Austria and located at Goethegasse 1/30 2500 Baden, with regard to the purchase of copyrighted Software Products (herein referred to as "SOFTWARE PRODUCT" or "SOFTWARE") provided by the LICENSOR.

Grant of Rights

Subject to your payment of the applicable license fee and full compliance with this Agreement, LICENSOR grants to you a perpetual, non-exclusive, non-transferable license to install and use a single copy of the executable code version of the purchased SOFTWARE, including any modifications, corrections or updates supplied to you by LICENSOR upon installation or under a Maintenance/Support program and all associated user manuals, release notes, installation notes, and other materials delivered with the SOFTWARE in printed or electronic formats on a single workstation.

Restrictions

You shall not do or permit others to do any of the following:

copy the Licensed Software and Documentation except as provided above
modify, translate, rent, lease, copy, re-sell, transfer, assign, sub-license or distribute the Licensed Software and Documentation or any part thereof to any person or entity
reverse engineer, disassemble or decompile the Licensed Software
use the Licensed Software or Documentation in connection with a service bureau or similar activity whereby you operate or use the Licensed Software or Documentation for the benefit of a third party who has not purchased a copy of the Licensed Software
remove Proprietary Matter from the Licensed Software and Documentation or modify, alter or obscure Proprietary Matter thereon
create derivative works based on the Licensed Software and Documentation

If you are a corporation or other business entity, you shall use your best efforts to prevent your employees, contractors, subcontractors and agents from engaging in any of the above. Any failure to comply with the above or any other term or condition contained in this AGREEMENT shall result in the automatic termination of this license and the reversion of the rights granted hereunder to LICENSOR.

The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software and Documentation (including without limitation images, photographs, animations, video, audio, music, text, patents, copyrights, trade secrets, trademarks and other intellectual property rights as well as all copies, improvements, enhancements, modifications and derivative works thereof) will remain the exclusive property of LICENSOR and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above.

Evaluation Licenses

If you acquired the Licensed Software and Documentation for purposes of evaluation, your rights to use the Licensed Software and Documentation shall be subject to the following limitations:

your right to use and evaluate the Licensed Software and Documentation shall terminate thirty (30) days from the date of your initial installation of the Licensed Software (the “Evaluation License Period”)
the Licensed Software and Documentation are furnished to you “as is” without warranty of any kind
the Licensed Software and Documentation may be used solely for non-commercial evaluation by you
the Licensed Software and Documentation are licensed to you without fee only for the Evaluation License Period
at no time shall you transfer the Licensed Software or Documentation to any third party

Disclaimer of Warranty and Liability

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

You agree to refrain from any use of the software that is illegal under Austrian, International or your own jurisdiction. In particular you agree to explicitly make sure that no copyright laws associated with materials processed by the SOFTWARE are violated by using the software. You are advised that it is not allowed to make copies of ENTIRE books, magazines or similar content, even if owned by you and only copied for private backup purposes (Privatkopie) according to Austrian law §42, Abs. 8 Urheberrechtsgesetz.

You agree to and do hereby indemnify, defend and hold harmless LICENSOR and its parent, subsidiary, or affiliate organizations, officers, agents, suppliers, distributors and authorized re-sellers from any and all claims, losses, damages and expenses (including reasonable attorneys’ fees, legal expenses and court costs) asserted by any third party due to or arising out of your breach of any provision of this AGREEMENT, your use of the Licensed Software and Documentation, your negligent or wrongful acts, and/or your violation of any applicable laws.

Privacy

You acknowledge that Licensor collects certain limited information regarding the use of your granted licences upon product activation. Licensor shall under no circumstances ever collect, examine or transmit contents of personal data existing on your system or collect information which, when used collectively, may identify you personally. You hereby grant Licensor the right to collect and use the foregoing information.

Compliance with Applicable Law

Each party agrees to comply with all applicable laws, rules and regulations in connection with its activities under this EULA.