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CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS.
This End User License Agreement (“EULA”) is a legal agreement between you and Engelmann Sales GmbH (“Engelmann Software”) for all Engelmann Software software products program and documentation (“Software”).
BY INSTALLING OR DOWNLOADING ANY FILES FROM ENGELMANN SOFTWARE OR BY CLICKING “ACCEPT”, YOU AGREE TO BE BOUND BY THESE TERMS, CONDITIONS, AND REQUIREMENTS. IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS, AND REQUIREMENTS, DO NOT INSTALL OR DOWNLOAD ANY FILES OR CLICK “DO NOT ACCEPT” BELOW.
This License grants you a non-exclusive license to use the Software on the following terms, conditions, and export compliance requirements:
You may: (a) use and (b) copy the Software in machine readable form solely for back-up purposes or use within a single working location; provided you reproduce Engelmann Software’s copyright notice and proprietary legends. If You are an entity, such as a corporation, and not an individual, You must have a Separate EULA for each individual who uses the Software.Restrictions
You may not distribute copies of the Software in any manner. The Software contains trade secrets and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human perceivable form. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF. THE SOFTWARE IS FOR YOUR PERSONAL USE ONLY. YOU MAY NOT USE THE SOFTWARE TO REPRODUCE COPYRIGHTED MATERIALS FOR COMMERCIAL PURPOSES, UNLESS YOU HAVE THE EXPRESS WRITTEN CONSENT OF THE OWNERS OF THOSE COPYRIGHTS. YOU MAY NOT EXPORT THE SOFTWARE TO ANY COUNTRY, ENTITY OR PERSON TO WHICH EXPORT WOULD BE ILLEGAL.
The Software is copyrighted by, proprietary to and a trade secret of Engelmann Software. Engelmann Software retains the title, ownership and intellectual property rights in and to the Software and all subsequent copies regardless of the form or media. The Software is protected by the copyright laws of the United States and international copyright treaties. This License is not a sale of the Software.
This License is effective until terminated. This License will terminate automatically without notice if you fail to comply with any of the provisions. Upon termination you shall destroy all copies of the Software including any partial copies. The respective rights of You and Engelmann Software under the provisions of paragraphs 2, 5, 6, 7, 8 and this paragraph 4 shall survive termination of this EULA.
Disclaimer of Warranty
THE SOFTWARE IS LICENSED TO YOU “AS IS”. YOU ACCEPT ALL RISKS WHICH MAY ARISE FROM THE INSTALLATION OR DOWNLOADING OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ERRORS IN TRANSMISSION OR CORRUPTION OF EXISTING DATA OR SOFTWARE. Engelmann Software MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties or limitations of how long an implied warranty may last, so the above exclusion may not apply to you. You may also have other rights which vary from state to state.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ENGELMANN SOFTWARE OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ENGELMANN SOFTWARE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold harmless Engelmann Software and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including attorneys’ fees and court costs) arising from or concerning your breach of this EULA and Your use of the Software.
You agree this is the complete agreement concerning this License. In order to amend this License, a writing executed by both parties is required. You assume full responsibility for the legal and responsible use of the Software. Any actions arising out of or in any manner affecting the interpretation of this EULA as they pertain to the Software, whether under this EULA or otherwise shall be governed solely by, and construed solely in accordance with, the laws of the State of California excluding California’s conflict of laws principles. As to any dispute, you hereby unconditionally and irrevocably consent to the exclusive jurisdiction of and venue in, as relevant, the state courts of the State of California and the U.S. Federal courts in the Northern District of California. Should any provision of this EULA be declared unenforceable, then such provision shall be deemed to be severable from this EULA and shall not affect the remainder hereof. All rights in the Software not specifically granted in this License are reserved by Engelmann Software. Should you have any questions regarding this EULA, please contact Engelmann Software by on support.engelmann.com