nova media Mobile Data Solutions GmbH is willing to license this software and its components for use as a free, but feature-limited demoversion or to use as a full version liable for costs to you only on the condition that you accept all of the terms contained in this license agreement. This is a legal agreement between you (either an individual end-user or an entity) and nova media Mobile Data Solutions GmbH (further referred to as "nova media"). By using this software, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, promptly return the software and other items that are part of this product in their original package with your sales receipt to your point of purchase for a full refund, or if you have downloaded this software or its components from a web site, then you must stop using the software and destroy any copies of the software and its components in your possession or control.
1. Grant of Agreement. Subject to the terms and conditions of this Agreement, nova media and its suppliers grant to you a nonexclusive license to use one copy of the licensed software program, its components and any documentation accompanying this Agreement ("Software") on one computer only. No other rights are granted. The Software is in use if it or its components is loaded on the computer's permanent or temporary memory. For backup purposes only, you may make one copy of the Software and its components. You must include on the backup copy all copyright and other notices included on the Software as supplied by nova media. Installation on a network server for the sole purpose of your internal distribution of the Software is permitted only if you have purchased an individual Software license for each networked computer to which the Software is distributed.
2. Restrictions. The Software contains copyrighted material, trade secrets, and other proprietary materials of nova media and its licensors. You agree that in order to protect those proprietary materials, except as expressly permitted by applicable law, neither you nor a third party acting on your behalf will: (i) decompile, disassemble or reverse engineer the Software; (ii) modify the Software; (iii) transmit the Software or provide its functionality, in whole or in part, over the Internet or other network (except as expressly permitted above); or (iv) sell, distribute, rent, lease, sublicense or otherwise transfer the Software to a third party, except each individual case was expressly permitted by nova media and further only in case of a permanent transfer of the nova media product; provided that: (a) all Software updates are included in the transfer, (b) you do not retain a copy of the Software, and (c) the transferee agrees to be bound by the terms and conditions in this Agreement.
3. Ownership. The Software is licensed, not sold, to you for use only under the terms and conditions of this Agreement, and nova media reserves all rights not expressly granted to you in this Agreement. nova media and/or its licensors retain title to the Software, and all intellectual property rights therein.
4. Termination. This Agreement is effective until terminated. Upon any violation of any of the provisions of this Agreement, rights to use the Software shall automatically terminate and the Software must be returned to nova media or all copies of the Software destroyed. You may also terminate this Agreement at any time by destroying all copies of the Software in your possession or control. If nova media makes a request via public announcement or press release to stop using the copies of the Software, you will comply immediately with this request. The provisions of paragraphs 3, 7, 8 and 11 will survive any termination of this Agreement.
5. Limited Product Warranty. nova media warrants to you that the full version of the Software, liable for costs, will substantially conform to its published documentation and the media containing the Software, if provided by nova media, shall be free from defects in material, each for a period of ninety (90) days from the date of purchase. nova media´s limited warranty is nontransferable and is limited to the original purchaser. This warranty gives you specific legal rights, and you may also have other rights which vary under local laws.
6. Remedies. nova media's entire liability and your exclusive remedy for any breach of warranty shall be, at nova media's option, to: replace the Software or media. Any replacement Software or media will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. These remedies are void if failure of the Software or media has resulted from accident, abuse, or misapplication.
7. DISCLAIMER OF WARRANTY. THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES. nova media AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO THE SOFTWARE OR MEDIA, AND ANY WARRANTIES OF NON-INTERFERENCE OR ACCURACY OF INFORMATIONAL CONTENT. NO nova media CUSTOMER, DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL nova media OR ITS SUPPLIERS BE LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOSS OF INFORMATION OR DATA, OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING IN ANY WAY OUT OF THE SALE OF, USE OF, OR INABILITY TO USE ANY nova media PRODUCT OR SERVICE, EVEN IF nova media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL nova media´s AND ITS SUPPLIERS' TOTAL LIABILITY EXCEED THE ACTUAL MONEY PAID FOR THE nova media PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The above limitations will not apply in case of personal injury where and to the extent that applicable law requires such liability.
9. Export Law Assurances. You agree and certify that neither the Software nor any other technical data received from nova media will be exported, except as permitted by the laws and regulations of the jurisdiction in which you obtained the Software.
10. Agents and Third Party Purchasers. If you are acquiring the Software on behalf of another person or entity, you represent and warrant that you have the authority to bind the party or entity for which you are acquiring the Software to the terms and conditions of this Agreement.
11. General Terms and Conditions. This Agreement will be governed by and construed in accordance with the laws of the Federal Republic of Germany. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter. nova media may, in its sole discretion, modify portions of this Agreement at any time. nova media may notify you of any changes by posting notice of such modifications on nova media's web site(s) or sending notice via e-mail, postal mail or other means. Your continued use of the Software following notice of such modifications shall be deemed to be your acceptance of any such modifications to the Agreement. If you do not agree to any such modifications, you must immediately stop using the Software and destroy all copies of the Software in your possession or control.
12. The Software is protected by copyright law of the Federal Republic of Germany and international treaty. Unauthorized reproduction or distribution of the Software is subject to civil and criminal penalties.
