$Date: 2008/12/28 17:32:21 $
$Revision: 1.5 $
Freeware End User License Agreement (EULA) for RBridge
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1. General
This End-User License Agreement ("EULA") is a legal agreement between you
and Inlab Software GmbH for the Inlab Software 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.
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
Software.
2. Licensing
You are granted a non-exclusive License to Use the downloaded Software
for any purposes for an unlimited period of time.
The software product under this License is provided free of charge. Even
though a License fee is not paid for the use of such software, it does
not mean that there are no conditions for using such software.
2.1 You may Use the Software on any number of computers that You own,
lease or control.
2.2 The software can be copied and distributed with condition that
original copyright notice and disclaimer of warranty will stay intact
and You will not charge money or fees for the Software product, except
to cover distribution costs.
2.3 You will not have any proprietary rights in and to the Software. You
acknowledge and agree that the Licensor retains all copyrights and other
proprietary rights in and to the Software.
2.4 Use within the scope of this License is free of charge and no royalty
or licensing fees shall be paid by You.
3. Restrictions
3.1 You may not reverse engineer, de-compile, or disassemble the Software.
3.2 You may not rent, lease, or lend the Software.
3.3 You may permanently transfer all of your rights under this EULA,
provided the recipient agrees to the terms of this EULA.
3.4 You may not use the Software to perform any unauthorized transfer
of information or for any illegal purpose.
4. Termination
Without prejudice to any other rights, Inlab Software 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.
5. Copyright
All title, including but not limited to copyrights, in and to The
Software and any copies thereof are owned by Inlab Software 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 Software GmbH.
6. 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
NON-INFRINGEMENT.
7. 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
THIS EULA.
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.
8. General
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.
9. 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
Software GmbH, Josef-Wuerth-Str. 3, 82031 Gruenwald, Germany or email
info@inlab.de.
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