End User License Agreement (EULA) for the Program "Content Generator"
by Andreas Glaser Software Engineering GmbH
Contents
- Object/Purpose of the EULA
- Grant of License
- No Assignments or Sublicenses
- Property Rights; no Changes
- Payment / Distribution
- Compliance with applicable laws
- Termination / Liability for Damages
- Support / Upgrades
- Before first Use
- Warranties and Limitation of Liability
- Applicable Law and Jurisdiction
- Severability Clause
1 Object/Purpose of the EULA
1 This End User License Agreement (hereafter referred to as "EULA") is part of the Agreement between Andreas Glaser Software Engineering GmbH (hereafter referred to as "Licensor") and You (either an individual or a single entity; hereafter referred to as "Licensee") concerning the proprietary software "Content Generator" (hereafter referred to as "Content Generator" and as "Program"). The EULA shall regulate the use of the Program and the liability of the Licensor.
2 The Licensor offers the Software Content Generator in three different Versions.
- Trial
The Trial-Version is a free test version of the Program. In this Version, the functionality of the application is limited. Further this Version allows creating not more than 15 elements. Purpose of the Trial-Version is to test the most important features of the Program.
- Standard
The functionality of the application of the Standard-Version is limited by codification to the Trial-Version. But when buying the Standard-Version you get a license file with product key "Standard-Version" which expands the functionality of the application to full functionality. The only limitation of the Program which will not be removed by the product key "Standard-Version" is that the Program can be used on one farm only.
- Professional
The functionality of the application of the Professional-Version is limited by codification to the Trial-Version. But when buying the Professional-Version you get a license file with product key "Professional-Version" which expands the functionality of the application to full functionality. By the use of the product key "Professional-Version" the functionality of the Program is not limited and can be used for several farms.
The Licensee has chosen the desired Version of the Program by clicking the accordant "Buy" button. By clicking the "Buy" button, the Licensee has accepted the specific conditions of the chosen Program-Version described on the homepage of the Licensor (hereafter referred to as "Homepage"). By accepting this EULA, the Licensee confirms the acceptance of these conditions.
2 Grant of License
3 The Licensor grants to the Licensee the right of use of the chosen Program-Version within the scope of the description on the Homepage and limited in accordance with this EULA.
4 All rights not expressly granted to the Licensee are reserved by the Licensor.
5 The Licenses for the different Program-Versions differ as follows
- Trial
The License granted with the free test version (limited functionality of the application) shall allow creating not more than 15 elements. Further, this License does not include Upgrades of the Program or any Support by the Licensor.
- Standard
The License granted with the Standard-Version of the Program shall grant the right to use the Program (unlimited functionality of the application) on one farm. Further, this License does include Upgrades of the Program. Support by the Licensor is not included.
- Additional License
If the Licensee of the Standard-Version intends to use the Program on further farms the Licensee needs to buy "additional Licenses" from the Licensor; one additional License for each additional farm. E.g. if the farm the Licensee uses to run the application and the farm where the Licensee creates content are not the same the Licensee needs to have two Licenses.
- Professional
The License granted with the Professional-Version of the Program shall grant the right to use the Program on unlimited different farms. Further this License does include Upgrades of the Program and temporary limited Support by the Licensor (cf. heading 8).
6 The following License clauses shall be decisive for all Versions of the Program.
3 No Assignments or Sublicenses
7 The Licensee shall not be entitled to assign any rights, nor delegate any duties under this EULA.
8 The Licensor keeps the exclusive right to grant Licenses. The Licensee shall not have the right to grant sublicenses.
4 Property Rights; no Changes
9 The Licensee recognizes and acknowledges that the Program and its content are protected by intellectual property rights (particularly copyright) of the Licensor and constitute a valuable trade secret. Any rights and titles in the Program remain with the Licensor. The Licensee agrees that he shall protect and hold in confidence all the software and information provided by the Licensor.
10 The Licensee shall undertake to use the Program (any copies included) unchanged "as supplied by the Licensor", not to decompile or disassemble the Program and to refrain from any reverse engineering. Furthermore the Licensee shall not remove or alter any copyright notices on any and all copies of the Program. The Licensee shall not be allowed to use any content of the Program.
11 The Licensee shall only use the Program and its documentation for his own purposes but neither rent, lease, lend or resell it nor provide it to third parties free of charge in any form (e.g. network interfaces). The Licensee shall ensure that the Program remains under its control. When changing the hardware which used to run the Program, the Licensee has to delete the Program completely.
12 The Licensee shall be allowed to make copies of the Program only for backup and archival purposes.
5 Payment / Distribution
13 The price of the Program/License shall be paid by credit card. Any other payment method requires acceptance of the Licensor before conclusion of contract.
14 The delivery of the Program and of the license file with product key shall take place only after receiving payment.
15 The delivery of the Program and of the license file with product key takes place per e-mail or per download (link sent by e-mail). The Licensee is not entitled to receive the Program or the license file with product key on a data carrier.
16 The Program and the license file with product key shall normally be delivered separately.
17 The delivery of the Program and of the license file with product key usually takes place within 24 hours after receiving payment. If the Licensor does not receive the Program and the license file with product key within 24 hours he shall complain immediately and set a target of another 24 hours to perform the contract. Only if the Licensor doesn"t perform the contract within this additional term the Licensor is in default. Liability for damage caused by default shall be excluded unless the Licensor causes the default grossly negligent or intentionally.
6 Compliance with applicable laws
18 The Licensee must comply with all applicable laws regarding the use of the Program.
7 Termination / Liability for Damages
19 If the Licensee fails to comply with the terms and conditions of this EULA the Licensor may terminate the License. In this case the Licensee is obliged to destroy all copies of the Program in his possession. The executed payments will not be refund.
20 The Licensee failing to comply with the terms and conditions of this EULA shall be liable for all direct and indirect damage/loss caused at the Licensor.
8 Support / Upgrades
21 In case of Professional-Version, the Licensor agrees to provide the Licensee with support services related to the Program. Without other agreement, support is limited as follows:
- Generally support takes place per e-mail. The Licensee shall describe the problem in an e-mail and send latter to the Licensor.
- No support shall be provided for problems, which are answered in the User Manual.
- Support shall only be provided within two months after receipt of the Program and the license file with product key.
22 The Licensee accepts that it can take several days till getting support.
23 Any supplemental software code provided to the Licensee as part of the Support or Upgrade service shall be considered as part of the Program and subject to the terms and conditions of this EULA.
9 Before first Use
24 Before using the Program the Licensee shall read the User Manual carefully. Further the Licensee shall read the information about the Program provided on the Homepage and in this EULA carefully.
25 The Licensee has to be aware, that the Program is constructed only for use on test environment (development environment, staging environment and integration environment). The Program shall never be used on the production environment. By accepting this EULA the Licensee confirms that he is familiar with the mentioned terms. The Licensor shall not be liable for damage that occurs in connection with using the Program on the production environment.
10 Warranties and Limitation of Liability
26 The Program shall be provided "as is" and without any warranties. In particular the Licensor shall not warrant that the Program is complete or faultless or operates without any loss of data. The Licensor shall not warrant that the program is utilizable " or does fit - for a certain purpose, or that the program is compatible with the applicable laws. The Licensor shall not warrant that the Program or the medium of delivery is free from virus and other such computer program. Further warranty of title shall be excluded.
27 In no event shall the Licensor be liable for any direct or indirect damages rising out of use of the Program or inability to use the Program. In particular the Licensor shall not be liable for loss of profit, business interruption or loss of data.
28 As far as it is impossible to exclude liability or warranty, the Licensor"s liability shall be limited to gross negligence and intention. Further, the Licensor"s liability shall be limited to the correction or replacement of any software found deficient. If the Licensor is not able to correct or replace the Program within suitable time, the Licensee shall have the right to cancel the contract. In case of loss of data liability shall be limited to the costs that had occurred, if the Licensee had regularly back-upped its data.
29 The Licensee has to inform the Licensor as soon as he recognizes faults in the Program that confine its functionality. The Licensor shall make any effort to remedy any notified defects and errors of the Program to the best of its knowledge, but it shall not provide any warranty or assume any liability in this respect.
30 If any third party claims that its rights have been infringed by the activities of the Licensee acting within the scope of this EULA, the Licensor must be notified immediately. If such third party commences legal action against such Licensee, the latter shall take all urgent and necessary steps to defend against such claim and enter into discussion with the Licensor in order to determine further action.
11 Applicable Law and Jurisdiction
31 The Parties agree that the interpretation and performance of this EULA, its validity and their respective rights and obligations there under as well as all Agreements in connection with this EULA shall be governed by Swiss law.
32 Any changes and amendments to this EULA shall be made in writing and signed by the Parties.
33 Disputes under this EULA or in connection with this EULA shall be settled amicably. In case of failing exclusive the courts of St. Gallen, Switzerland, shall have jurisdiction.
12 Severability Clause
34 If any provision of this EULA is entirely or partially ineffective, this shall not affect the validity of the remaining provisions. Such ineffective provision shall retroactively be replaced with a regulation that comes as close as possible to the contents and the intended purpose of the ineffective provision.
* * *
End User License Agreement for Content Generator; Andreas Glaser Software Engineering GmbH
Version February 2010