» version 1.0 - posted on 2002-10-14
EULA - End User License Agreement
End-User License Agreement For Timo Kosiol Software
IMPORTANT-READ THIS CAREFULLY
THIS END-USER LICENSE AGREEMENT (AGREEMENT) IS A LEGAL AGREEMENT BETWEEN YOU AND TIMO KOSIOL SOFTWARE (AUTHOR). YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE OPENING THE PACKAGE TO THE ENCLOSED SOFTWARE PROGRAM. DOWNLOADING, OR INSTALLING THE SOFTWARE PROGRAM, OR OTHERWISE USING THE SOFTWARE PROGRAM, MEANS YOU ACCEPT THESE TERMS AND CONDITIONS AND UNDERSTAND THAT THEY WILL BE LEGALLY BINDING ON YOU (EITHER AN INDIVIDUAL OR SINGLE ENTITY), ANY END USER, AND AUTHOR. IF YOU DO NOT AGREE WITH THEM, OR DO NOT WANT THEM TO BE BINDING ON YOU, YOU MAY NOT USE OR INSTALL THE SOFTWARE PROGRAM.
The Software Program is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Program is licensed, not sold.
It is hereby understood and agreed that Timo Kosiol Software is the owner of all right, title, and interest to the Software Program and all subsequent copies thereof, and associated documentation (Software) regardless of the media or form in which the original disk or copies may exist. You, as licensee (Licensee) do not acquire any ownership rights to the Software.
A. The Author hereby grants Licensee a nonexclusive right to install and use one copy of the Software on a single computer on a single video screen at a single location. If a multi user license was acquired, the Software my be used on many systems as licenses were acquired.
B. It is understood and agreed Licensee shall not copy the Software into any machine-readable or printed form, nor shall Licensee modify the Software and/or merge it into another computer program.
C. All rights not expressly granted are hereby reserved by Timo Kosiol Software.
3. TRADEMARKS AND LOGOS
Windows is a registered trademark of Microsoft Corporation. All other trademarks and service marks are the property of their respective owners.
A. The license is effective until terminated. Licensee may terminate it at any time by destroying the Software together with all copies thereof.
B. This license will terminate upon conditions set forth elsewhere within this Agreement or if Licensee fails to comply with any term or condition of this Agreement. In such event, no notice shall be required by Author to effect such termination.
C. Upon termination of this agreement, Licensee agrees to destroy the Software together with all backup copies, modifications, printed or written materials, and merged portions in any form.
5. RESTRICTIONS ON USE
A. Licensee may physically transfer the Software between computers provided that it is used on only one computer at any given time.
B. Except for the initial loading of the Software on a hard disk or for archival/backup purposes as provided for above, Licensee shall not, without Author's express written consent:
1. Copy or reproduce the Software;
2. Electronically transfer the Software through a LAN (local area network) or other network system or through any computer subscriber system or bulletin board system or through the intranet or internet; or
3. Modify, adapt, or create derivative works based on the Software or any accompanying materials.
6. RESTRICTIONS ON TRANSFER
A. Licensee shall not sublicense, assign, or transfer the license or the Software except as expressly provided in this Agreement. Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void. Licensee shall not loan, rent or lease the license or the Software.
7. DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTHOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITH REGARD TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS THE AUTHOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. The entire risk as to the quality and performance of the Software is with you. Should the Software prove defective, you (and not Author) assume the entire cost of all necessary servicing, repair, or correction.
8.NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event will Author or its suppliers be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of savings, loss of business information, or any other pecuniary loss, arising out of the use of or inability to use such Software, even if Author or its authorized dealer has been advised of the possibility of such damages, or for any claim by any other party. In any case, Author and its suppliers' entire liability under any provision of this agreement shall be limited to the actual amount paid by Licensee for the Software. Because some states/jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, the above limitation or exclusion may not apply to you.
9. JURISDICTION AND DISPUTES
A. Any action related to this License will be governed by German law. No choice of law rules of any jurisdiction will apply.
B. Legal venue is Cologne, Germany.
This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements, oral or written, between the parties, and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict therewith.
LICENSEE HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.