IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Franz Krainer for the software product DisclaimIt, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT contains some or all of the following types of software: "RUNTIME SOFTWARE" that provides the runtime components (DisclaimIt Services); "SUPPORT SOFTWARE" that contains components for administering the runtime components (DisclaimIt Manager and Product Documentation).
This EULA grants you the following rights to the SOFTWARE PRODUCT:
1. Installation. The SOFTWARE PRODUCT may be provided on multiple media such as CD-ROM or DVD-ROM or may be obtained by "electronic software distribution" such as File Download from the Internet. You may install the software from the provided media in the following manner:
2. RUNTIME SOFTWARE. You may install and use the RUNTIME SOFTWARE on an unlimited number of computers for the purpose of evaluating the product. On expiration of the evaluation license, you must either purchase one or more user licenses or alternatively 'uninstall' the RUNTIME SOFTWARE from all computers on which it was installed and where the evaluation license has expired.
3. SUPPORT SOFTWARE. You can install any component of SUPPORT SOFTWARE on an unlimited number of computers.
4. User License. A user license, which is valid for 20 years, is represented by a license certificate file and is issued for a specific licensee and number of covered users. More than one user license can be applied to the same computer, provided that the name of the licensee is the same. A specific user license may be applied to and used on as many computers within the same organization at the same time as desired.
5. Upgrades. The SOFTWARE PRODUCT is stamped with a version code consisting of a major and a minor version number. An example of a version code would be "5.5". Issued user licenses are valid for all versions with the same major version. For example, a user license for version "5.x" is valid for "5.5" or "5.7", but not for "4.8" or "6.0".
6. For all SOFTWARE Rental. You may not rent or lease the SOFTWARE PRODUCT.
7. Limitation on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
8. Termination. Without prejudice to any other rights, Franz Krainer may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
9. The SOFTWARE PRODUCT is licensed, not sold. Title and copyrights in and to the SOFTWARE PRODUCT (including any images, applets, photographs, animations, video, audio, music, and text incorporated into the SOFTWARE PRODUCT), accompanying printed materials, and any copies you are permitted to make herein are owned by Franz Krainer or his suppliers and are protected by Austrian copyright laws and international treaty provisions.
DISCLAIMER OF WARRANTY
10. THIS SOFTWARE AND ITS ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED BY LICENSOR "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE DISCLAIMED.
11. IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, SAVINGS, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
© Franz Krainer 2001-2022. All Rights Reserved. Legal Notices