End User License Agreement
IMPORTANT: THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND OBJECTIVE DEVELOPMENT. READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
1.1 "OBJECTIVE DEVELOPMENT" means OBJECTIVE DEVELOPMENT Software GmbH.
1.2 "SOFTWARE" means the software program(s) and associated software components supplied by OBJECTIVE DEVELOPMENT herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation.
1.3 "LICENSE KEY" is a character string representing a license grant in condensed form. A LICENSE KEY contains information about, but not limited to:
- the license owner,
- the license type (see section 3 below),
- the number of computers on which the SOFTWARE may be installed and used ("Number of Seats"),
- other (optional) limitations, e.g. which features of the SOFTWARE are enabled.
2 LICENSE GRANTS
2.1 Installation and Use. You may install and use ("RUN") a copy of the SOFTWARE on as many computers as the limitations and license type encoded in the LICENSE KEY allow (see also section 3 below).
2.2 Network Installation. You may also install a copy of the SOFTWARE on a network server, used to RUN the SOFTWARE on your other computers over an internal network. However, you must acquire and dedicate licenses for each separate computer on which the SOFTWARE is RUN from the server.
3 LICENSE TYPES
3.1 Trial Mode. As long as no LICENSE KEY has been installed in order to establish a specific kind of license grant, you may RUN the SOFTWARE exclusively for test- and evaluation purposes in Trial Mode (if available). Trial Mode makes only a limited set of features available.
3.2 Home User License. The Home User License is restricted to private, non-commercial use.
3.3 Business License. The Business License allows you to RUN the SOFTWARE in a commercial environment.
3.4 Demo License. The Demo License allows you to RUN the SOFTWARE in a commercial, non-private environment for test and evaluation pruposes. Demo Licenses are valid for a period of one month, unless the LICENSE KEY encodes a different expiration date.
4 LICENSE RESTRICTIONS
4.1 Distribution. You may not distribute copies of the SOFTWARE or the LICENSE KEY to third parties.
4.2 Secrecy. As the owner of a LICENSE KEY you are responsible for keeping this key secret. If any third party gets access to your LICENSE KEY due to willful or negligent act, you are liable for the damage that arises to OBJECTIVE DEVELOPMENT.
4.3 Reproduction. Except for backup and installation purposes the SOFTWARE must not be reproduced on any type of media (including, but not limited to, CD-ROM, DVD or internet download) without the formal approval from OBJECTIVE DEVELOPMENT.
4.4 Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
4.5 Not for Resale Software. If the SOFTWARE or the LICENSE KEY is labeled "Not for Resale" or "NFR", then you may not sell it or otherwise transfer it for value.
4.6 Rental. You may not rent, lease, or lend the SOFTWARE or otherwise encumber any copy of the SOFTWARE, or any of the rights granted herein.
4.7 Transfer. You may not transfer your rights under this EULA to another end user without OBJECTIVE DEVELOPMENT's prior written consent. If such consent is obtained, you may permanently transfer this License to another end user provided you transfer the entire SOFTWARE and the LICENSE KEY to such end user, and you do not retain any copies. The recipient of such transfer must agree to all terms and conditions of this EULA.
4.8 Reservation of Rights. OBJECTIVE DEVELOPMENT retains all rights not expressly granted.
4.9 Non-Exclusive Rights. Your license rights under this EULA are non-exclusive.
5 COPYRIGHT AND OWNERSHIP
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
6 TERM AND TERMINATION
6.1 Term. This EULA shall continue indefinitely. However, OBJECTIVE DEVELOPMENT may terminate this EULA and revoke the granted license if you fail to comply with any of its terms and conditions. In such event, you must destroy all copies of the SOFTWARE.
6.2 Survival of Terms. All provisions regarding secrecy, confidentiality and limitation of liability shall survive termination of this agreement.
7 DISCLAIMER OF WARRANTY AND LIABILITY
LIMITED WARRANTY. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVE DEVELOPMENT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OBJECTIVE DEVELOPMENT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF OBJECTIVE DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OBJECTIVE DEVELOPMENT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
8 MISCELLANEOUS TERMS
8.1 Severability. In case a provision of these terms and conditions should be or become partly or entirely invalid, ineffective, or not executable, the validity of all other provisions shall not be affected.
8.2 Applicable Law. This agreement is governed by the laws of the Republic of Austria.
8.3 Responsible Courts. The responsible courts in Vienna/Austria will have exclusive jurisdiction regarding all disputes in connection with this agreement.