End User License Agreement (EULA) for this e-book by Andreas Glaser Software Engineering GmbH
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 this e-book. The EULA shall regulate the use of the e-book and the liability of the Licensor.
Grant of License
2 The Licensor grants to the Licensee the right of use of the e-book within the scope of the description on the Homepage and limited in accordance with this EULA.
3 All rights not expressly granted to the Licensee are reserved by the Licensor.
4 The following License clauses shall be decisive for all Versions of the e-book.
No Assignments or Sublicenses
5 The Licensee shall not be entitled to assign any rights, nor delegate any duties under this EULA.
6 The Licensor keeps the exclusive right to grant Licenses. The Licensee shall not have the right to grant sublicenses.
Property Rights; no Changes
7 The Licensee recognizes and acknowledges that the e-book and its contents are protected by intellectual property rights (particularly copyright) of the Licensor and constitute a valuable trade secret. All trademarks are property of their respective owners. The Licensee agrees that he shall protect and hold in confidence all the e-book and information provided by the Licensor.
8 The Licensee shall undertake to use the e-book (any copies included) unchanged „as supplied by the Licensor”. Furthermore the Licensee shall not remove or alter any copyright notices on any and all copies of the e-book.
9 The Licensee shall only use the e-book for his own purposes but neither rent, lease, lend or resell it.
10 The Licensee shall be allowed to make copies of the e-book only for backup and archival purposes.
Compliance with applicable laws
11 The Licensee must comply with all applicable laws regarding the use of the e-book.
Termination / Liability for Damages
12 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 e-book in his possession.
13 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.
Warranties and Limitation of Liability
14 The e-book shall be provided „as is“ and without any warranties. In particular the Licensor shall not warrant that the e-book is complete or faultless. The Licensor shall not warrant that the e-book is utilizable - or does fit - for a certain purpose, or that the e-book is compatible with the applicable laws. The Licensor shall not warrant that the e-book or the medium of delivery is free from virus and other such computer program. Further warranty of title shall be excluded.
15 In no event shall the Licensor be liable for any direct or indirect damages rising out of use of the e-book or inability to use the e-book. In particular the Licensor shall not be liable for loss of profit, business interruption or loss of data.
16 As far as it is impossible to exclude liability or warranty, the Licensor’s liability shall be limited to gross negligence and intention.
17 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.
Applicable Law and Jurisdiction
18 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.
19 Any changes and amendments to this EULA shall be made in writing and signed by the Parties.
20 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.
Severability Clause
21 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.