Software License Agreement

Please read the following license agreement carefully before using this program. This document comprises a legally binding Software License Agreement (the "Agreement") between you (an individual person or a legal entity) and Emsi Software GmbH, Faerberstr. 8, 5110 Oberndorf, Austria ("Emsi Software") for "a-squared” (the "Software Product"), which includes the computer software, online or electronic documentation, further updates and may include any additional media or printed materials. By installing or using the Software Product you agree to all the terms of this Agreement. If you do not agree to any of the specified terms of the Agreement, do not install or use the Software Product.

SOFTWARE PRODUCT LICENSE

The Software Product is protected by International Copyright Laws and by other laws and treaties governing intellectual property rights. The Software Product is not sold to you, but is licensed to you for use according to this Agreement.

1. GRANT OF LICENSE

This Agreement grants to you the following rights in regards to the Software Product:

You may install and use the Software Product on a computer system.

2. DESCRIPTION OF FURTHER RIGHTS AND RESTRICTIONS

REVERSE ENGINEERING 
You agree that you will not attempt decompilation or disassembly of the Software Product in whole or in part.

SEPARATION OF COMPONENTS
The Software Product is provided and licensed as a single product. You are not allowed to separate the components for any purpose.

LETTING
You are not allowed to lease or let the Software Product.

NOTICE
Regardless of other rights Emsi Software is justified to terminate this Agreement if you breach any of the terms and conditions set forth herein, in which case you are obligated to destroy all copies of the Software Product.

TRANSFER OF THE SOFTWARE PRODUCT
You may transfer your rights to the Software Product to a third-party provided they agree to all terms and conditions set forth in this Agreement. You may not sell the Software Product, though you may charge a minimum fee, which must not exceed $5US, to cover the costs of media, shipping and handling. Under no circumstances are you allowed to transfer only part of the Software Product. Only the complete Software Product can be transferred.

RESTRICTIONS
The software shall not be used with or in connection with the operation of nuclear power plants, airplanes, communication systems, flight monitoring, as well as life-preserving equipment or other productive systems. In such cases a software error can lead to deaths, personal injuries or severe property and environmental damage.

LICENSE PERIOD
The software license is valid for the purchased license period. Free of charge licenses can be revoked by Emsi Software without prior notice.

3. UPDATES

The Software Product may be updated by Emsi Software at it’s sole discretion. All updates are subject to the terms and conditions of this Agreement unless such updates include a new or modified licensing agreement. You are solely responsible for obtaining these updates and installing them in a timely fashion on any system running the Software Product. Such updates may include additions or improvements to the Software Product so installation may be critical to the continued proper operation of the Software Product.

4. COPYRIGHT

The Software Product is owned and copyrighted by international law to Emsi Software. The Software Product is protected by international treaties, provisions and laws.

5. OTHER

VALID RIGHT
This license agreement is subject to the legislation of Austria. Area of jurisdiction is 5110 Oberndorf (Austria). 

LIMITED WARRANTY
EMSI SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS FREE FROM ERROR. EMSI SOFTWARE DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.

You know and accept, under your own responsibility, that due to the modifications that malware cause in files they infect, it is possible that the disinfection process could produce unforeseen changes to these files. 

You are responsible for the use of the program by others. You accept responsibility for any losses and/or damages and costs arising from any incompatibility between the Software Product or updates thereof and any third-party software that you have installed on your computer as well as any other problems that may arise due to the interaction between both programs, or for code strings that coincide.

With respect to Emsi Software’s technology for detecting and blocking the propagation of malware by analyzing the behavior of software processes, you know and accept, under your own responsibility, that this technology could block certain applications or their actions if the processes detected are defined as suspicious.

LIMITATION OF LIABILITY
IN NO EVENT WILL EMSI SOFTWARE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE PRODUCT, EVEN IF EMSI SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EMSI SOFTWARE’S LIABILITY FOR ANY CLAIM FROM ANY CAUSE OF ACTION EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you certain legal rights and you may also have other rights which vary from jurisdiction to jurisdiction.

THE RESPONSIBLE HANDLING OF DATA PROCESSING PROGRAMS PRESUPPOSES THOROUGHLY TESTING WITH UNIMPORTANT DATA BEFORE USE ON A SYSTEM AS A WHOLE. YOU ARE FULLY RESPONSIBLE FOR ALL RISKS ARISING OUT OF USE OF THE SOFTWARE PRODUCT.

SECTIONAL VALIDITY
If any provision of the Agreement should be held legally invalid, the remainder of this Agreement shall continue in full force and effect.