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EULA - End User License Agreement



License Agreement

IMPORTANT - READ CAREFULLY
IF YOU PRESS THE YES BUTTON YOU ACCEPT
THE LICENSE AGREEMENT BELOW.

This license statement and limited warranty constitutes a
legal agreement ("License Agreement") between you (either
as an individual or a single entity) and EASIS GmbH ("EASIS")
for the software product OGrabit Pro
("Software") identified above, including any software,
media, and accompanying on-line or printed documentation.

Copyright Information
OGrabit Pro is Copyright 2000-2003 by EASIS GmbH. All Rights Reserved.

License Agreement

GRANT.
Subject to the provisions contained herein, EASIS,
hereby grants you a non-exclusive license to use its accompanying proprietary soft-ware
("Software"), described as OGrabit Pro, free of charge for the sole purpose of
evaluating whether to purchase an ongoing license to the Software.

At the end of evaluation time you must purchase a license in order to
continue using the Software. If you do not fit within the description above,
a license fee is due to EASIS and no license is granted herein.
If you are using an evaluation version of the Software,
you will not be entitled to technical support.

WITHIN THE TRIAL PERIOD OGRABIT PRO PLACE A BANNER THROUGH ALL IMAGES YOU COPY, PRINT OR SAVE.

SOFTWARE AND DOCUMENTATION.

EASIS GmbH shall furnish the Software to you electronically or
on media in machine-readable object code form.
If you receive your first copy of the Software electronically, and a
second copy on media, the second copy may be used for backup and
archive purposes only. This license does not grant you any right to any
enhancement or update to the Software and Documentation. Enhancements
and updates, if available, may be obtained by you at EASISs
then-current standard pricing, terms, and conditions.

RESTRICTED USE.

You may not lend, rent, lease or otherwise transfer the Software.
The Software is protected by the copyright laws of Germany and
international copyright treaties. This license is valid for only one user on only one computer.

TITLE.

Title, ownership rights, and intellectual property rights in
and to the Software and Documentation shall remain in EASIS
and/or its suppliers. This Agreement does not include the right to
copy or sublicense the Software and is personal to you and therefore
may not be assigned (by operation of law or otherwise) or transferred
without the prior written consent of EASIS.
You acknowledge that the Software in source code form remains a
confidential trade secret of EASIS and/or its suppliers and therefore
you agree not to attempt to decipher, decompile, disassemble or reverse
engineer the Software or allow others to do so, except to the extent applicable
laws specifically prohibit such restriction. You further agree not to modify
or create derivative works of the Software.

CONTENT.

Title, ownership rights, and intellectual property rights in and to
the content accessed through the Software is the property of the
applicable content owner and may be protected by applicable
copyright or other law. This License gives you no rights to such content.

DISCLAIMER OF WARRANTY.

Since the Software is provided free of charge, the Software is
provided on an "AS IS" basis, without warranty of any kind,
including without limitation the warranties of merchantability,
fitness for a particular purpose and non-infringement. The entire
risk as to the quality and performance of the Software is borne by you.

Should the Software prove defective, you and not EASIS assume
the entire cost of any service and repair.

This disclaimer of warranty constitutes an essential part of the agreement.
SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY,
SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE
OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
TORT, CONTRACT, OR OTHERWISE, SHALL EASIS OR ITS SUPPLIERS
OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES
OR LOSSES. IN NO EVENT WILL EASIS BE LIABLE FOR ANY
DAMAGES IN EXCESS OF EASIS GMBH'S LIST PRICE FOR
A LICENSE TO THE SOFTWARE, EVEN IF EASIS GMBH SHALL
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

EXPORT CONTROLS.

You may not download or otherwise export or reexport the Software or
any underlying information or technology except in full compliance with all
United States and other applicable laws and regulations. In particular,
but without limitation, none of the Software or underlying information
or technology may be downloaded or otherwise exported or reexported (i)
into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, North Korea,
Iran, Syria or any other country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of
Deny Orders. By downloading or using the Software, you are agreeing
to the foregoing and you are representing and warranting that you are
not located in, under the control of, or a national or resident of any
such country or on any such list.

TERMINATION.

Either party may terminate this Agreement immediately in the event of
default by the other party. Upon any termination of this Agreement,
you shall immediately discontinue the use of the Software and shall
within (30) days return to EASIS all copies of the Software and
Documentation. You may also terminate this Agreement at any time
by destroying the Software and Documentation and all copies thereof.
Your obligations to pay accrued charges and fees shall
survive any termination of this Agreement.

MISCELLANEOUS.

This Agreement represents the complete and exclusive statement
of the agreements concerning this license between the parties and
supersedes all prior agreements and representations between them.
It may be amended only by a writing executed by both parties.
THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED
BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR
ASSENT TO THE TERMS SET FORTH HEREIN, AND EASIS
AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION
ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN
YOUR PURCHASE ORDER.

If any provision of this Agreement is held to be unenforceable for
any reason, such provision shall be reformed only to the extent necessary
to make it enforceable, and such decision shall not affect the enforceability
(i) of such provision under other circumstances or (ii) of the remaining
provisions hereof under all circumstances. Headings shall not be considered
in interpreting this Agreement. This Agreement shall be governed by and
construed under German law as such law applies to agreements between
German residents entered into and to be performed entirely within Germany,
except as governed by german law. This Agreement will not be governed
by the United Nations Convention of Contracts for the International
Sale of Goods, the application of which is hereby expressly excluded.

U.S. Government Restricted Rights.
Use, duplication or disclosure by the Government is subject to
restrictions set forth in subparagraphs (a) through (d) of the
Commercial Computer-Restricted Rights clause at FAR 52.227-19
when applicable, or in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013,
and in similar clauses in the NASA FAR Supplement.

Contractor/manufacturer is EASIS GmbH.

Contact:
EASIS GmbH
http://www.bigodot-solutions.com



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Downloads: 854
Updated At: 2024-03-27
Publisher: EASIS GmbH
Operating System: windows
License Type: Free