End User License Agreement for BalanceNG
$Revision: 1.6 $
$Date: 2015/06/26 07:40:46 $
This End-User License Agreement ("EULA") is a legal agreement between you
and Inlab Networks GmbH for the Inlab Networks GmbH products identified
above, which may include computer software and associated media,
electronic documentation and printed materials ("The Software"). By
installing, copying, distributing 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 must not install, use or distribute The Software,
and you must destroy all copies of The Software that you have. If The
Software was purchased by you, and you have not installed, copied or
otherwise used The Software, you may return it to Inlab Networks for a
The Software is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The
Software is licensed, not sold and always remains the property of Inlab
If you have not paid the registration fee for The Software, you are
hereby granted an evaluation license to use The Software as described
in Sections 1, 2.1 and Sections 3 - 10 below.
If you have paid the registration fee for The Software, you are hereby
granted a license to use The Software as described in Sections 1, 2.2
and Sections 3 - 10 below.
2.1. Evaluation License
Subject to the terms of this EULA, use The Software for evaluation
purposes without charge for a period of 30 days.
The Software not fully licensed may be restricted in functionality.
2.2. Registered License
Subject to the terms of this EULA, use the copy of The Software on the
licenced computer (node).
You may also store or install a copy of The Software on a storage device,
such as a network server, used only to install or run The Software on
other computers over an internal network; however, you must acquire
and dedicate a separate license for each separate computer on which The
Software is installed or run from the storage device. A license for The
Software may not be shared or used concurrently on different computers.
You may not:
Disclose to third parties, or publish your registration details via
electronic or other means.
You may not reverse engineer, decompile, or disassemble The Software,
except and only to the extent that such activity is expressly permitted
by applicable law notwithstanding this limitation.
4. Transfer of Rights
You may permanently transfer all of your rights under this EULA, provided
you retain no copies of The Software, you transfer all of The Software
(including all component parts, documentation upgrades, and this EULA),
and the recipient agrees to the terms of this EULA. If The Software is
an upgrade, any transfer must include all prior versions of The Software.
Without prejudice to any other rights, Inlab Networks GmbH may terminate
this EULA if you fail to comply with the terms and conditions of this
EULA. In such event, you must destroy all copies of The Software.
All title, including but not limited to copyrights, in and to The
Software and any copies thereof are owned by Inlab Networks GmbH. All
title and intellectual property rights in and to the content which may be
accessed through use of The Software is the property of the respective
content owner and may be protected by applicable copyright or other
intellectual property laws and treaties. This EULA grants you no rights
to use such content. All rights not expressly granted are reserved by
Inlab Networks GmbH.
7. Limited Warranty
Inlab warrants that the media, if any, on which the Software is delivered
will be free of defects and that the Software will substantially
conform to the description contained in the applicable end user
documentation in each case for a period of 90 days after the date of
shipment of the initial Software License Key. EXCEPT FOR THE PRECEDING
EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, Inlab PROVIDES THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND,
EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS EULA OR
COMMUNICATION WITH YOU, AND Inlab SPECIFICALLY DISCLAIMS ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
8. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INLAB
BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE,
BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY,
WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR
OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
PRECEDING LIMITATION MAY NOT APPLY TO YOU.
INLAB'S LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED THE
LICENSE FEES PAID BY YOU TO INLAB FOR THE SOFTWARE LICENSED BY YOU UNDER
THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, REGARDLESS OF WHETHER INLAB HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS
OF ITS ESSENTIAL PURPOSE.
This EULA is governed by the laws of Germany, without regard to conflict
of law principles. This EULA is the entire agreement between us and
supersedes the terms of any purchase orders and any other communications
or advertising with respect to the Software. If any provision of this
EULA is held invalid, the remainder of this EULA shall continue in full
force and effect. This EULA may be modified only by written agreement
signed by authorized representatives of you and Inlab.
10. Contact Information
If you have any questions about this EULA, or if you want to contact
Inlab for any reason, please direct all correspondence to: Inlab Networks GmbH,
Josef-Wuerth-Str. 3, 82031 Gruenwald, Germany
or email firstname.lastname@example.org.