MSIndustrie Software GmbH


 

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.







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