Software License Agreement
Below you will find set out the conditions of the agreement for the use of Euro-Systems Software by you, the end-user (hereinafter also called the Licensee). This legal document is a legally valid contract between you, the end-user, and Euro-Systems S.à r.l. (hereinafter also called the Licensor). With the installation, the first use or by opening the disk package, you are agreeing to become bound by the terms of this agreement. Therefore, please read the following text carefully and in full. If you do not agree to the terms of this agreement, do not use the software open the disk package, promptly return the unopened disk package and the other items (including all written documentations, ring binders, if applicable dongle / copy protection or any other boxes) of the purchased product to the place where you purchased them.
SINGLE USER / MAIN LICENSE - SECOND USER LICENSE(S) - ADDITONAL LICENSE - DEMO LICENSE - TEST LICENSE - SCHOOL LICENSE / MULTI USER - COMPANY LICENSE - ENTERPRISE LICENSE - SUBSCRIPTION LICENCE
1. Scope of the License Agreement
The agreement applies to computer programs and files stored on data carriers, computer programs and files made available online, by data transfer or by installation on the computer of the Licensee, the program description and operating instructions and any other related written material and hardware, hereinafter also called Software. The Licensor is entitled to implement program-internal protection measures into the software in order to secure his protective rights. This also applies to future updates / upgrades of the program provided to the Licensee. The Licensor points out that the present level of technology does not allow computer software to be produced in such a way that it works perfectly in all applications and combinations. Thus, the agreement is only applicable to software which is basically usable in accordance with the program description and the user operating instructions.
2. Granting of License
Important Note: If the copy protection (Dongle) gets lost, the license also expires!
Single User / Main License
The Licensor grants you the right to use the copy of the Software on only one terminal connected to a single computer. It is prohibited to network the software beyond the scope of the software. You are not allowed to use the Software on more than one computer or computer terminal in any way or at any time whatsoever unless the Licensee additionally possesses so called Second-User Licenses or Additional Licenses.
Second User License
A Second-User License as well is only valid in combination with a Single-User or Main License. It is protected in the same way as the Single User / Main License. The functions of a Second-User License are the same as those of a Main License. A maximum of two additional Second User Licenses may be acquired for each Single User / Main License. If more than three licenses are required in a multi user environment, it is first of all necessary to acquire a further Single User / Main License. This license can then be used to acquire two more Second User Licenses. Beyond - extra licenses are to be agreed individually and in writing with the Licensor.
An Additional License authorizes the Licensee to use the copy of the software provided by the Licensor on an additional computer. It is copy-protected in the same way as the Single User / Main License. The functional scope of an Additional License is identical to that of a Main License.
The Demo License authorizes the Licensee to test the software in its scope of functions (functionally partly limited), in particular to check whether the user value expected by the Licensee can be achieved with the software and / or compatibility with its current computer system. It is expressly forbidden to use the Software for commercial purposes, to transmit it to third parties or to copy it without explicit written consent of the Licensor.
The Test License authorizes the Licensee to test the software in its scope of functions (limited in time), in particular to check whether the user value expected by the Licensee can be achieved with the software and / or compatibility with its current computer system. Redistribution or reproduction without the express written permission of the licensor is prohibited. The trial period begins with the creation of the trial license. The licensor reserves the right to deactivate the test license in case of misuse, with the consequence that the software can no longer be used.
School License / Multi User License
A School License consists out of a Main License for one teacher workplace and a so called Multi User license for student's workplaces. The Multi User license is a functionally restricted version of the software. Usage is allowed on multiple workplaces / computers in the offices of the Single User / Main Licensee.
The Company License authorizes the Licensee to use a copy of the software provided by the Licensor on several computers and / or multiple output devices on a company site. The number of licenses must be agreed individually and in writing with the Licensor. If a company has several locations, the Company License must be purchased separately for each location. The Licensee is not allowed to transfer the licenses of one location to another. If a company has several locations, an Enterprise License must be obtained
The Enterprise License authorizes the Licensee to use the copy of the software provided by the Licensor on several computers and / or multiple output devices at multiple company locations. The number of licenses must be agreed in writing with the Licensor.
Euro-Systems S.à r.l. authorizes RCS Systemsteuerungen GmbH to distribute subscription licenses. Euro-Systems grants the licensee a time-limited, simple, non-transferable right to use the software for the intended use against payment of the remuneration to RCS Systemsteuerungen GmbH or an authorized seller. The licensee has the right to use the provided copy of the software on a single terminal connected to a single computer. You may not network the Software beyond the scope provided in the Software. You may not use the Software in any other manner at any time on more than one computer or computer terminal unless Licensee has so-called Additional Licenses.
The Software is the property of the Licensor and is protected against copying by laws on copyright, international agreements and other national regulations. If the Software does not have a device to protect it from being copied you may either make one copy as backup or for your records or copy it to a hard disk as long as the original copy is to be stored exclusively as backup or for your records. You are not permitted to delete the reference to copyright in the Software or the registration or serial code or dongle numbers. It is expressly forbidden to copy the Software and the written material such as manuals either in full or in part or to reproduce them in any way.
4. Special Restrictions
As Licensee you are not permitted
* to transfer, assign, rent, lease or otherwise dispose of the Software or related material to a third party without the prior written consent of the Licensor. But you are allowed to permanently assign the rights from this License Agreement to another person, provided that you transfer the License Agreement together with all copies of the Software and the accompanying hardware and the recipient consents to be bound by the terms of the agreement. The transfer must include the latest update and all earlier versions and the Licensor must be notified in writing.
* to transfer subscription licenses to a third party
* to modify, translate, reverse engineer decompile or disassemble the Software without the prior written consent of the Licensor.
* to create derivative works based on the Software or reproduce the written material.
* to translate or modify the written material or produce derivative material.
5. Ownership of Rights
With the purchase of the product you only possess the physical data carrier on which the Software is recorded or fixed. A purchase of rights of the Software is not connected with it. In particular, the Licensor reserves all rights to publish, copy, edit and exploit the Software.
6. Duration of the Contract
This License is effective indefinitely. This license will terminate automatically without notice from EUROSYSTEMS if you fail to comply with any provision of the License. Upon termination you are obliged to destroy the original data carriers as well as all copies of the Software, modified copies including the written materials. You must return the hardware and dongle to the manufacturer.
In the case of subscription licenses, the term is limited to the period specified when the contract is concluded. The subscription license is automatically extended if the contract is not terminated by the licensee in due time.
7. Damages for Non-Compliance with the Agreement
The Licensor points out that you are liable for any damage resulting from breach of copyright incurred by the Licensor on account of your non-compliance with the terms of this agreement.
8. Modifications and Updates
The Licensor may create updated versions of the Software at its own discretion. The Licensor is not bound to make such updates available to Licensees who have not properly registered the Software by registration card or online form or have not paid the update fee.
For subscription licenses, software updates are provided throughout the subscription period - subject to payment of the subscription fee.
9. Limited Warranty and Disclaimer of Warranty
The Licensor assumes no liability for the Software being free of errors. In particular, the Licensor does not warrant that the Software will meet the requirements and purposes of the licensee or will work together with other programs selected by the acquirer. The responsibility for the correct selection and the consequences of the use of the software as well as the results intended or achieved with it is borne by the acquirer. The same applies to the written material accompanying the software. If the software is not fundamentally usable, the acquirer has the right to cancel the contract.
The Licensor is not liable for damage unless the damage was caused deliberately or through gross negligence on the part of the Licensor. Any liability for gross negligence towards dealers is excluded. Liability due to properties maybe warranted by the Licensor remains unaffected. Liability for consequential harms caused by a defect that is not included in the warranty is excluded.
If the Licensee is a trader, this agreement shall be subject to the law of Luxembourg and the jurisdiction of national and federal courts located in Luxembourg.
11. Data Transmission
* 1: The Licensee authorizes the Licensor to store and process his customer data communicated in connection with the business relationship.
* 2: The Licensee agrees to the transfer of software data to the Licensor for the protection of legitimate interests, such as to ensure copy protection, license verification and the provision of Live Update functionality.
* 3: The Licensee agrees that any data sent by the Software online to the Licensor for the provision of online services (online support, driver download, license purchase, provision of production macros, and the like) shall be stored and processed from the Licensor.
* 4: The Licensee agrees that data that serves the needs-based development of the Software are transmitted to the Licensor and stored and processed by him.
* 5: The Licensee agrees that data will be sent to the Software to inform the Licensee about updates / upgrades, product news and important support information.
* Limited Warranty - The Licensor guarantees that the Software functions largely in accordance with the accompanying product manual for a period of 90 days from receipt.
This guarantee is given by the Licensor in its capacity as producer; it does not replace or restrict any possible legal claims regarding warranty or liability which may be made on the distributor from whom you purchased your copy of the Software.
* Customer's Rights - The Licensor's entire liability and your sole right consists in a refund of the price paid or the repair or replacement of the Software which is inadequate under the terms of the Licensor's' limited warranty and which has been returned to the Licensor together with a copy of the invoice. This limited warranty does not apply when the non-functioning of the Software or hardware is due to an accident, improper use or incorrect application.
* No Further Guarantee - The Licensor excludes any further warranty for the Software, accompanying manuals and written materials or the accompanying hardware.
* No Liability for Consequential Damage - Neither the Licensor nor the distributors of the Licensor are liable for any damages (unlimited included are damages for loss of business profits, business interruption, loss of
business information or data or from other financial loss) arising out of the use or inability to use such product even if the Licensor has been advised of the possibility of such damage. The Licensor is not liable for damages, as far as the Licensee could have prevented their occurrence by means of reasonable measures - in particular program and data backup. In any case the Licensor's liability is confined to the amount actually paid for the product. This disclaimer does not apply to damage caused deliberately or by gross negligence on the part of the Licensor. Neither does it affect any rights based on legal regulations concerning product liability.
* When outputting data to connected devices (locally connected to the computer or in a network (LAN / WAN) the safety instructions of the machine manufacturer must be strictly observed in any case.
If you have questions about this contract, please contact the Licensor: Euro-Systems S.à r.l, Villa Machera, 1 Rue Kummert, L-6743 Grevenmacher, Luxembourg
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