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Software license agreement for seliSoft products
There are two license agreements, that you both must accept in order use the software. If you are using the
registered version, only the second license agreement applies. Please read them carefully!
Additional License Agreement only for the Trial Version
This is software product is not free. Subject to the terms below, you are hereby licensed to use
this software for evaluation purposes without charge for a limited time. If you use this software after the evaluation period, you
have to buy a license. Unregistered use of our software after the evaluation period is in violation of German and international
copyright laws.
Distribution
Provided that you verify that you are distributing the evaluation version without your personal
license information, you are hereby licensed to make as many copies of the trial version of this software and documentation as you
wish; give exact copies of the original trial version to anyone; and distribute the trial version of the software and documentation
in its unmodified form via electronic means. There is no charge for any of the above. You are specifically prohibited from charging,
or requesting donations, for any such copies, however made; and from distributing the software and/or documentation with other
products (commercial or otherwise) without prior written permission.
License Agreement for Trial and Registered Version
Agreement conditions to the utilization of seliSoft-Products is subsequently applicable to you,
the end-user (hereafter referred to as ‘licensee’). Through installing the delivered computer program on to an electronic processing
unit you thereby consent to these agreement conditions. Therefore please carefully read the following text in full. You may not
install the software if you don't agree with these terms of contract.
Subject to the agreement
This agreement concerns the computer program recorded on the data carrier (disk) the program description and
operating instructions, and all other accompanying written material. These are referred to as software from
here on. seliSoft would like to point out that, due to the state of technology, it is not possible to
produce computer software than will function throughout employment and configurations without any errors at
all. Therefore only software, that is used according to program description and instructions of use, is
subject to this agreement.
Extent of use
For the duration of this agreement seliSoft grants you the simple, not exclusive, personal right (referred
to as 'license' in the following) to use the enclosed copy of seliSoft software on a single computer, and in
one place only. If the computer is a system for multiple users, you need a single license for every user. As
licensee you may transfer substantial software (i.e. stored on a data carrier) from one computer to the
other, yet on the condition that is wiped from the computer initially used. Any further usage is not
permitted.
Special restrictions
The licensee is prohibited from:
entrusting the software or the accompanying written material with a third
party, or making it accessible for him/her without written approval from seliSoft,
altering, translation, breaking down the development, decompiling or
disassembling the software without former written permission from seliSoft,
producing works resembling the software or duplicating written material,
from translating or altering the program or creating versions of written
material
Rights of Ownership
With the purchase of this product you are only entitled to the possession of the substantial software data
which the software is recorded on. This does not include the acquisition of rights to the software itself.
seliSoft reserve the right to publicize, reproduce, alter or exploit the software.
Reproduction
The software and accompanying written manual is protected by copyright. If the software does not include
copy protection, its reproduction is only permitted when for security purposes. You are obliged to include
the seliSoft copyright annotation with the security copy. No copyright statement or therein registration
number from the software may be removed. The copy or reproduction of the software and its written
accompaniment is strictly forbidden, be this in whole or part, in original or changed form, merged together
with or enclosed in other software.
Transference of right to use
The right to use the software can only be passed on to a third party with written consent from seliSoft and
in accordance with the terms of this agreement. Hiring or lending the software out is strictly forbidden.
Agreement validity
This agreement is valid indefinitely. Should the licensee violate a condition of the agreement his/her right
to use the software automatically lapses without prior notice. On the termination of the right to use (s)he
is obliged to destroy the original disk as well as the copies (including those modified) of the software and
written material.
Recovery of damages to the agreement
seliSoft point out that you will be held liable for any violation of the copyright terms.
Updates
seliSoft are entitled to update software at their own discretion. They are not obliged to make program
updates available to those licensees who have not paid the update fee.
seliSoft guarantee and liability
seliSoft ensure the original licensee that the data carrier (disk or CD) which
the software is recorded on and the accompanying hardware are free from defects when subject to
normal operating conditions and looked after throughput performance.
Should the data carrier (disk or CD) or accompanying hardware be faulty, the
acquisitor can demand compensation delivery as long as the guarantee is valid, which it is up to 6
months post delivery. To do this the disk must be returned to either seliSoft or the dealer it was
bought from, along with its possibility accompanying hardware, the security copy, written material
and duplicate of the receipt/bill.
If a fault, as defined in 10b, is not made good by replacement delivery within
a reasonable length of time, the customer can either demand a reduction: the purchase price, or
contract rescission.
For the reasons mentioned above and in paragraph 1 seliSoft do not assume
liability for errors made by the software. seliSoft take above all no responsibility for the
software being sufficient for the acquisitor’s demands and purposes, or for it working with other
programs chosen by her/himself. The purchaser alone carries responsibility for the consequences of
using the software, as well as for intended or achieved results. The same applies to written
material accompanying the software. If the software cannot be used as defined in note 1 the
purchaser has the right to countermand the agreement. seliSoft have the same right when the software
serviceable, as defined in note 1, cannot be manufactured at affordable cost.
seliSoft is not liable for damage unless it is caused with intent or by gross
negligence on their part. Liability for gross negligence is impossible for those merchants.
Liability for possible guaranteed features of seliSoft is not affected. Liability for damage caused
by defectiveness not covered by the guarantee, is not possible even if seliSoft has been advised of
the possibility of such damages. Some states do not allow the limitation or exclusion of liability
for incidental or consequential damages so the above limitation or exclusion may not apply to you.
Be this case, seliSoft total liability to you for all damages, losses, and causes of action, whether
in contract, tort (including negligence) or otherwise, exceed the amount paid by you for the
software.
Governing law
Any action related to this License will be governed by German law. No choice of law rules of any
jurisdiction will apply.
Multi-user packages, company licenses
If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" License
whose terms vary from this agreement, then the hardcopy License governs your use of the Software.
High risk activities
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as
on-line control equipment in hazardous environments requiring fail-safe performance, such as in the
operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct
life support machines, or weapons systems, in which the failure of the Software could lead directly to
death, personal injury, or severe physical or environmental damage ("High Risk Activities"). seliSoft
specifically disclaims any express or implied warranty of fitness for High Risk Activities.
Trademarks and logos
All trademarks and service marks are the property of their respective owners.
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