| LICENSE
AGREEMENT / TERMS OF SALE The
following license agreement / terms of sale will be signed between
you, the user or licensee, and the developer of this software
product. You will have to bindingly agree to this legal contract
in order to install and use this software product. Please read
this document carefully.
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In this document, the collection of binary files of this
distribution package, any dedicated printed documentation
and persistent distributive media that originally stores
all or some of the binary files is designated as SOFTWARE
PRODUCT or for short SOFTWARE. Every part of the distribution
package is part of the software product. This license agreement
applies to the whole distribution package as well as each
individual file, binary data thereof, printed documentation
or distributive media. The unity of this distribution package
may not be modified, nor may the software product be split
into parts.
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This software product is NOT GENERALLY FREE OF CHARGE. Until
further notice, you are allowed to use the unlicensed, original,
unmodified version of this software product solely private,
that is for non-commercial purpose, in a non-commercial
context and non-commercial environment. This software product
is NOT FREE OF CHARGE and must be LICENSED if it is used
for a commercial purpose, in a commercial context or environment.
The unlicensed software product may neither be installed
nor transferred or stored to a computer that is used for
commercial purpose, that is running in a commercial context
or environment.
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Nobody
may demand money for the unlicensed version of this software
product. You may not loan, rent, lease, sublicense, distribute,
resell for profit or otherwise transfer all or any portion
of the software product to third parties. No part of the
software product or the documentation may be multiplied,
disseminated or processed in any way without the explicit
written permission of the developer. |
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If this software product is used for a commercial purpose
or in a commercial context or if it is used or installed
in a commercial environment, a license must be purchased
for every computer the software product is installed or
otherwise transferred to or stored upon. If the software
product is installed or stored in a NETWORK, multiple licenses
must be acquired and dedicated to each computer that is
capable to access the software product.
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If
this software product is to be used to serve any COMMERCIAL
PURPOSE, or even if it is installed to or otherwise transferred
to or stored on one or more computers running in a COMMERCIAL
ENVIRONMENT or network, either the appropriate number of
BUSINESS LICENSES or a SITE LICENSE must be purchased.
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This
software product may also be run on TIME LIMITED LICENSE.
After a time limited license expired, the license must either
be renewed or the software product must be completely removed
from the computer, both self-dependently by the licensee
and without further request by the developer.
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Every
license is PERSONALIZED to a person or in case of a site
license to a company or organization and can generally not
be transferred. The licensed software product as well as
any information about licensing the software product (e.g.
the "unlock key") must be kept private and must
not be accessible to others but the licensee. You may not
relicense, reproduce or distribute any unlock key or unlocking
information except with the explicit written permission
of the developer. The licensee is liable for unauthorized
or illegal copies of the licensed software product, the
license and any information on licensing the software product
(e.g. the "unlock key").
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BETA-TEST
VERSIONS of this software product are intended for internal
use, only. You may not transfer all or any portion of the
beta-test software product to third parties. You may not
share any generated output of the software product as well
as any information about the software product or bugs with
third parties at any time, neither while testing nor afterwards.
You are bound to treat the beta software product as corporate
secret of the developer.
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You
may not use the beta-test version of this software product
once the next official version of the software product is
released and you are obliged to completely destroy every
copy of the beta-test version.
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You
are liable to the full extent for any loss of profit, competitive
drawbacks or other adversarial economical consequences for
the developer that can be ascribed to violations of §4
or §4a.
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The
software product is DISTRIBUTED "AS IS". There
is absolutely (a) no claim on support, (b) no guarantee
on its functionality or its correctness and (c) no claim
on updates or bugfixes of any kind. You are welcome to report
bugs and make suggestions.
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The developer is NOT LIABLE for any damage to the operating
system, other software or the hardware that could have been
caused directly or indirectly by this software product.
Furthermore, the developer is not liable for any cost, data
loss, loss of profit or any other kind of loss that might
arise due to the use of this software product. You use this
software product at your own risk.
This software product has conscientiously been designed
to the best of the developer's knowledge.
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The
developers LIABILITY IS LIMITED to the amount of the license
charge. Decisive is the tax-free charge at the origin of
the claims.
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All
LEGAL RIGHTS on this software product as well as the intellectual
property remain solely to the developer. You may not reverse
engineer, decompile, disassemble or otherwise reduce any
part of the software product to any human perceivable form.
You may not modify, adapt, translate or create derivative
works based upon this software product or any parts thereof.
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You
may not transfer the rights of this license agreement. |
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This
license agreement may be superseded by an updated version
with every update of the software product or any parts thereof.
It might be necessary to sign the updated license agreement
to use the updated software product. The updated license
agreement does not affect older versions of the software
product and formerly signed license agreements remain valid
and untouched for the respective former versions of the
software product.
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The
incapacity of some part of this document does not limit
the legal effectiveness or validity of any other part. |
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May it be that some parts of this contract are not legally
effective or the legal effectiveness got lost later on,
the effectiveness of all other parts of this contract remains
unaffected. Additionally the parties bind themselves to
substitute the legally ineffective parts with effective
ones that mostly matches in regard to economical consequences.
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Installing
or using this software product as well as ordering one or more
licenses signifies the acceptance of this license agreement. If
you reject, you must not order a license and you must not and
will not be able to use this software product and you are obliged
to immediately remove all files from your computer. Violations
of the upper conditions §§ 1, 2, 2a, 3, 3a, 3b, 3c,
4, 4a will be prosecuted in every case.
Oliver Marr
contact@otwesten.de
Karlsruhe, Germany
November 2005 |
