Software License Agreement
This document is a contract between you, the end user of the software (the "Software"), and Xprodata. Hereafter established in 41747 Viersen, Süchtelner Strasse 28a, Germany ( "Xprodata"), the owner of the Software and,
By downloading the software, you accept the terms of this contract.
CLICK ON THE "YES" AT THE END OF THIS AGREEMENT IF YOU ACCEPT THE TERMS OF THE CONTRACT. REACHING TO WITHIN THE FIELD OF SOFTWARE DOWNLOADS. IF YOU ARE ON THE "NO" BUTTON, IS NOT DISPLAY OF SOFTWARE DOWNLOADS AND YOU ARE NOT ENTITLED TO SUCH USE.
You agree to use the software solely in accordance with the following terms and conditions.
Ownership and copyright: All rights to this software and associated documentation are Xprodata (or a third party has the right to sublicense under this Agreement Xprodata - hereafter ") third party". Xprodata (or a third party) shall at all times all copyright and other intellectual property rights in the software and its documentation and all and any copies made from it, regardless of their form. You will receive no further than this Treaty expressly granted by Xprodata license, and in particular no right of Xprodata, copyright Xprodata or its licensors. You may not change in the software or its documentation including copies thereof contained in the copyright notices of Xprodata and / or its licensors, remove or delete.
License: Your license to use the software, is a simple, non-exclusive and, unless otherwise expressly provided in this contract, non-transferable. You are permitted to: (1) use the Software ( "use" means storing, loading, installing, executing or calling the software) for your own internal purposes, (2) a reasonable number of backup copies of software for the permitted use Create, provided that all copies carry the copyright note according to which you provided the original software, transfer (3) the software and the rights under this contract to another person unless that person has agreed to the terms of this contract have you set any use of the Software and all copies that you created by the software, transferred to another person or destroy all copies not handed over. If the person has received from you the software, the provisions of this contract is not accepted, this contract terminates automatically.
It is not: Lease (1) the Software in whole or in part or in its documentation or by third parties for rent, sublicense, loan, sell, transfer, copy, modify, adapt, connect with other programs, translate to convert to another programming language, to make return of the different phases of the software (reverse engineering), decompile or create derivative works, unless this is expressly permitted in this Agreement or by mandatory law, (2) the Software in whole or acting in part in any way or reproduce it or permit third parties to act in the Software in whole or in part in any way reproduce or her, unless this is expressly permitted by this agreement.
Export restriction: You agree to the Software or its documentation is not out of the country in which it was originally acquired without sending the required permission of the governments in other countries or to bring about. You agree to all export laws, export restrictions and - comply with regulations from the relevant countries, which also applies to the U.S. Do not export Export Administration Regulations ( "EAR"), and the software, or directly or indirectly, re-export, not to violate such laws, restrictions and regulations.
Term and Termination: This agreement begins with an act that you accept the terms, or at least through use of the Software and remains in force until the end. You may terminate this agreement by destroying the software and its documentation, including all copies. This agreement will also terminate if you violate its terms. By agreeing to termination of this Agreement, for whatever reason, including termination by Xprodata if such rights are enforced, you are, all copies of the software, its documentation and destroy your hard drive of a sphere of influence or control your computer contained software stored on .
Support and update: Xprodata, Xprodata branches or subsidiaries or affiliates, their distributors or dealers are not obligated to help you with the use or maintenance of the software or its documentation. There are no updates, patches or support for the software and its documentation.
LIMITED WARRANTY:
1. THE SOFTWARE IS PASSED IN THE STATE, AS IT IS WITHOUT WARRANTY OF ANY KIND.
2. IN PARTICULAR IS NO GUARANTEE OR WARRANTY AS TO ITS QUALITY AND / OR FITNESS FOR A PARTICULAR PURPOSE OR TWO. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.
3. THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT XPRODATA WITH XPRODATA AFFILIATES, THEIR DISTRIBUTORS OR DEALERS SHOULD) THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR ADJUSTMENTS.
4. XPRODATA WITH XPRODATA AFFILIATES, AND ITS DISTRIBUTORS AND RETAILERS OF XPRODATA DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR EXPECTATIONS, OR THAT THE USE OF THE SOFTWARE WITHOUT INTERFERENCE OR ERROR POSSIBLE.
Damages and reimbursement of expenses
1. Except as provided in paragraph 2 limits the legal liability of Xprodata for damages and reimbursement of expenses as follows:
(a) the amount Xprodata liable under the terms of contract limited to the typically foreseeable damage for the slightly negligent breach of fundamental obligations under the contractual relationship;
(b) Xprodata not responsible for the slightly negligent breach of immaterial obligations under the contractual relationship.
2. The above limitation shall not apply to any mandatory statutory liability, particularly under the Product Liability Act as well as acceptance of a guarantee or injury to life, limb or health.
3. You are required to take adequate measures for damage prevention and reduction.
4. The parties agree that the typically foreseeable damage pursuant to Paragraph 1, clause (a) Total cost twice the price you have paid for the Software or the Software, together with the acquired Xprodata device does not exceed.
General information: This Agreement constitutes the entire agreement between you and Xprodata relating to the Software and supersedes all prior oral or written representation if any, agreement or consistent assumptions regarding the software. No party shall have any rights with respect to any statements against it, not even when at the conclusion of this contract has the confidence (unless that ei ne such a declaration was made intentionally false) and the only right of a party should arising from possible breach of contract in relation to the provisions of this contract.
If at any time any part of this agreement by a competent court shall be deemed unlawful, void or unenforceable in whole or in part in any aspect of a currently applicable law, this shall not affect the legality, validity and enforceability of any other provision of this agreement.
Failure or delay the exercise of rights or claims of Xprodata under this contract will under no circumstances constitute a waiver of such rights or claims can be interpreted.
Any amendments to this contract are invalid, unless they take place in writing and by an authorized representative of Xprodata signed this form.
Contract for the benefit of third parties: The provisions of this Agreement, insofar as they take on third-Xprodatas, Xprodatas branches, subsidiaries and affiliated companies respect for Xprodatas third party suppliers, branches, subsidiaries and sister companies directly applicable.
Applicable Law: This Agreement is governed by German law. The appropriate court is the district court Viersen. Xprodata is entitled to enforce this contract under local law and / or the jurisdiction of the end user.
OTHER TERMS: WHEN INSTALLING THE SOFTWARE, YOU CAN CALL THE RECEIVED A FURTHER END USER LICENSE AGREEMENT TO COMPLY WITH THE SOFTWARE, YOU JUST INSTALL, UPHELD. IN THIS CASE, YOU AGREE TO THIS END USER LICENSE AGREEMENT IN ORDER TO BE ABLE TO USE THE SOFTWARE. IF YOU DO NOT AGREE TO END USER LICENSE AGREEMENT, YOU DO NOT HAVE THE RIGHT TO USE THE SOFTWARE. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF SUCH INACCURACIES OR END USER LICENSE TERMS AND THESE TERMS REGARDING THE SOFTWARE THAT YOU INSTALL, ARE THE PRIORITY OF THE END USER LICENSE TERMS.
CONSENT: EXPRESSION BY THEIR AGREEMENT OR. BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU read and UNDERSTAND THIS AGREEMENT AND THAT YOU ARE TO THE TERMS AND CONDITIONS.
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