End User License Agreement
Product: MSIOPCserverW, MSIOPCServerPMA, MSI-NICE and all other MSI programs which need an activation.
END-USER LICENSE
AGREEMENT for software from MSIndustrie software GmbH.
IMPORTANT – READ
CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between
you (either an individual or a single legal entity) and MSIndustrie
software GmbH (hereinafter called MSInd), the manufacturer of this software
product (hereinafter called SOFTWARE).
By installing,
copying, downloading, accessing or otherwise using the SOFTWARE, you agree to be
bound by the terms of this EULA. If you do not agree to the terms of this EULA,
you may not install, use or copy the SOFTWARE, and you should promptly contact Manufacturer
for instructions on return of the unused product(s) in accordance with Manufacturer's
return policies.
Note, however,
that any software, documentation, or web services that are included in the SOFTWARE,
or accessible via the SOFTWARE, and are accompanied by their own license agreements
or terms of use are governed by such agreements rather than this EULA. The terms
of a printed EULA which may accompany the SOFTWARE supersede the terms of any on-screen
EULA found with the SOFTWARE. This EULA is valid and assures the rights of the end
user ONLY if the SOFTWARE is an original product.
1. COPYRIGHT
This SOFTWARE is
the property of MSIndustrie software GmbH and is protected by
the Intellectual Properties Act. The SOFTWARE is licensed, not sold.
2. LICENSE
MSInd grants you
the right to install and use one (1) copy of the SOFTWARE on a single computer.
THIS LICENSE MAY
NOT BE SHARED, TRANSFERRED TO OR USED CONCURRENTLY ON DIFFERENT COMPUTERS.
The SOFTWARE may
only be used on a single COMPUTER, as defined in this EULA.
You may permanently
transfer all of your rights under this EULA, provided you retain no copies, if you
transfer all of the SOFTWARE (including all component parts, the media and printed
materials, any upgrades, this EULA), and the recipient agrees to the terms of this
EULA. If the SOFTWARE is an upgrade, any transfer must also include all prior versions
of the SOFTWARE.
3. MANDATORY
ACTIVATION
THIS SOFTWARE CONTAINS
TECHNOLOGICAL MEASURES THAT ARE DESIGNED TO PREVENT UNLICENSED OR ILLEGAL USE OF
THE SOFTWARE. The license rights granted under this EULA are limited to the first
thirty (30) days after you first run the SOFTWARE unless you supply information
required to activate your licensed copy in the manner described during the setup
sequence (unless Manufacturer has activated for you). You can activate the SOFTWARE
through the use of the Internet or telephone; toll charges may apply.
Moreover, you may
also need to reactivate the SOFTWARE if you modify your hardware or the operating
system. MSInd only uses these measures to confirm that you have a legally licensed
copy of the SOFTWARE. If you are not using a licensed copy of the SOFTWARE, you
are not allowed to install the SOFTWARE or future SOFTWARE updates. During this
procedure, MSInd will not collect any personal information from your computer.
4. BACK-UP COPY
YOU MAY MAKE A
SINGLE BACK-UP COPY OF THE SOFTWARE.
YOU MAY USE THE
SINGLE (1) BACK-UP COPY SOLELY FOR YOUR ARCHIVAL PURPOSES AND TO REINSTALL THE SOFTWARE
ON THE COMPUTER. UNLESS EXPRESSLY PROVIDED IN THIS EULA OR BY LOCAL LAW, YOU MAY
NOT OTHERWISE MAKE COPIES OF THE SOFTWARE. YOU MAY NOT LOAN, RENT, LEASE, LEND OR
OTHERWISE TRANSFER THE CD OR BACK-UP COPY TO ANOTHER USER.
You may make any
number of copies of the printed documentation.
5. REVERSE ENGINEERING
You may not reverse
engineer (decompile, disassemble
...) the SOFTWARE or use it in any other way or
manner that is not expressly mentioned in this agreement.
6. SOFTWARE
TRANSFER
You may permanently
transfer all of your rights under this EULA to third parties. As the SOFTWARE is
licensed as a single product, you are not entitled to separate its component parts.
Therefore, the SOFTWARE transfer to the recipient must include all its component
parts. At the moment of SOFTWARE transfer, the recipient agrees to the terms of
this license agreement. You must destroy all copies of the SOFTWARE you might have.
7. EFFECTIVENESS
AND TERMINATION
This license agreement
is effective until termination. This agreement terminates without prior notice,
if you fail to comply with the terms and conditions of this EULA. In such event,
you must destroy all copies of the SOFTWARE, and return the original SOFTWARE to
the manufacturer.
8. EXPORT RESTRICTIONS
You acknowledge
that the SOFTWARE is subject to U.S. export jurisdiction. You agree to comply with
all applicable international and national laws that apply to the products, including
the U.S. Export Administration Regulations, as well as end-user, end-use, and destination
restrictions issued by U.S. and other governments.
9. LIMITED WARRANTY
MSInd warrants
that the SOFTWARE will be free from defects in materials and workmanship under normal
use and service for a period of six (6) months from the date of receipt. Within
this period, a defective data carrier will be replaced free of charge.
ANY FURTHER CLAIMS REGARDING THE DATA CARRIER AND THE ASSOCIATED MATERIALS, THEIR
QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED.
MSInd notes that
it is not possible given the current state of the art to create computer software
so that it will work without any errors in all applications. Therefore, no liability
is assumed for the SOFTWARE's functionality.
9.1 LIMITATIONS
OF LIABILITY
The manufacturer
is liable in cases of tort, gross negligence, personal injury to life or limb, as
well as claims according to the Product Liability Act or legal regulations. The
manufacturer is not liable to any further extent. This applies for every basis of
liability, including unlawful acts.
9.2 CUSTOMER
REMEDIES
Manufacturer's
and its suppliers' entire liability and your exclusive remedy shall be, at Manufacturer's
option, either (a) return of the price paid, or (b) repair or replacement of the
SOFTWARE or hardware that does not meet this Limited Warranty and which is returned
to Manufacturer with a copy of your receipt. This Limited Warranty is void if failure
of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication.
Any replacement SOFTWARE or hardware will be warranted for the remainder of the
original warranty period or thirty (30) days, whichever is longer.
9.4 NO LIABILITY
FOR CONSEQUENTIAL DAMAGES
To the maximum
extent permitted by applicable law, in no event shall Manufacturer or its suppliers
be liable for any damages whatsoever (including without limitation, direct or indirect
damages for personal injury, loss of business profits, business interruption, loss
of business information, or any other pecuniary loss) arising out of the use of
or inability to use the SOFTWARE or hardware, even if Manufacturer has been advised
of the possibility of such damages. In any case, Manufacturer's and its suppliers'
entire liability under any provision of this agreement shall be limited to the amount
actually paid by you for the SOFTWARE.
10. GOVERNING
LAW
For SOFTWARE purchased
in Germany, this EULA is governed by the laws of Germany. If the SOFTWARE was purchased
outside Germany, local law may apply. If any provision of this EULA is held invalid,
the remainder of this EULA shall continue in full force and effect.