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- MainConcept AG SOFTWARE LICENSE AGREEMENT
-
-
- BEFORE INSTALLING THIS PACKAGE, CAREFULLY READ THE
- FOLLOWING TERMS AND CONDITIONS WHICH INCLUDE THE
- SOFTWARE LICENSE AND LIMITED WARRANTY (collectively called
- the "Agreement")
-
- INSTALLING THIS PACKAGE INDICATES YOUR ACCEPTANCE OF THE
- AGREEMENT. IF YOU DO NOT ACCEPT OR AGREE WITH THESE
- TERMS, YOU SHOULD PROMPTLY RETURN THE PACKAGE
- UNOPENED TOGETHER WITH ALL OTHER MATERIAL IN THIS
- PROGRAM PACKAGE, OR IN THE CASE OF AN ELECTRONIC
- DISTRIBUTION, DESTROY ALL COPIES OF THE PACKAGE AND
- ACTIVATION KEYS; AND YOUR MONEY WILL BE REFUNDED.
-
- LICENSE
- -------
-
- The PVR (the "Software") is owned by MainConcept AG
- and is protected by copyright law and international treaty provisions.
- The Software is hereby licensed to you by MainConcept AG or a licensee
- of MainConcept AG (in either case the entity licensing the Software to
- you is referred to in this Agreement as "MainConcept AG").
-
- MainConcept AG hereby grants you a non-exclusive license to use the
- Software as set forth below:
-
- You may:
-
- * use the Software only on one computer.
-
- * make one copy of the Software excluding the documentation for
- archival or backup purposes.
- * permanently transfer your rights hereunder, provided you also transfer
- all copies of the Software and the documentation and provided the
- transferee agrees to the terms and conditions of this Agreement.
-
- RESTRICTIONS
- ------------
-
- You may not:
-
- * use, copy, modify, or transfer the Software or the documentation, or any
- copy in whole or in part, except as expressly provided for in this license.
- * redistribute any activation keys for unlocking demo versions of the
- Software
- * allow the Software to be used on more than one computer at a time or
- by more than one person at a time except as otherwise expressly provided
- herein.
- * rent or lease the Software or the documentation. modify or adapt the
- Software or documentation in whole or in part including but not limited
- to translating or creating derivative works.
- * disassemble or reverse compile for the purpose of reverse engineering the
- Software
-
- REDISTRIBUTION RIGHTS
- ---------------------
-
- The demo version of the Software may be redistributed freely as long as no
- charge is made by you for such redistribution, excepting for nominal fees for the
- distribution media such as magnetic disks or CD-ROM. There are no restrictions with
- regards to copying, transferring or otherwise distributing the Software in its
- complete and original demo form. You may be granted additional rights to reproduce
- and distribute components of the Software.
-
- TERMINATION
- -----------
-
- This Agreement and your license to use the Software will automatically
- terminate without notice if you fail to comply with any provision of this
- Agreement. Upon termination you shall destroy all copies of the Software. All
- disclaimers of warranties and limitation of liability set forth in this Agreement
- shall survive any termination of this Agreement
-
- SELECTION AND USE
- -----------------
- You assume full responsibility for the selection of the Software to achieve your
- intended results and for the installation, use, and results obtained from the
- Software
-
- LIMITED WARRANTY
- ----------------
-
- For a period of 90 days from the date of your receipt of the Software
- MainConcept AG warrants that:
-
- * the Software will substantially conform to MainConcept AG published
- specifications and to the documentation provided with it when used as
- specified in such documentation; and
-
- * the media on which the Software is distributed and the documentation
- are free from defects in materials and workmanship
-
- HOWEVER, MainConcept AG DOES NOT WARRANT THAT THE
- FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR
- REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE
- WILL BE UNINTERRUPTED OR ERROR FREE. Because of the
- inherent complexity of computer software you are
- advised to verify your work.
-
- Provided you return the item with a copy of your receipt within the 90 day
- period, MainConcept AG shall at its discretion either a) correct the non-
- conformance of the Software or (b) replace the defective media and/or
- documentation or (c) refund the license fee.
-
- LIMITATIONS OF REMEDIES AND LIABILITY
- -------------------------------------
-
- MainConcept AG's LABILITY AND YOUR EXCLUSIVE REMEDY ARE AS
- SET FORTH ABOVE AND MainConcept AG DISCLAIMS ALL OTHER
- WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED.
- INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
- OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR
- A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR
- OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE
- OF TRADE. No modification or addition to this warranty is
- authorized unless it is set forth in writing, references this
- Agreement, and is signed on behalf of MainConcept AG by an
- authorized official.
-
- IN NO EVENT WILL MainConcept AG OR ITS DIRECT OR INDIRECT
- SUPPLIERS BE LIABLE FOR ANY OTHER DAMAGES
- WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT
- INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
- OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR
- INABILITY TO USE THE SOFTWARE, EVEN IF MainConcept AG HAS
- BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In
- particular, MainConcept AG and its suppliers are not responsible for any costs
- including, without limitation, loss of business profits, business interruption,
- loss of business information, the cost of recovering such information, the cost
- of substitute Software or claims by third parties.
-
- No oral or written information given by MainConcept AG, its agents or employees
- shall create a warranty
-
- IN NO CASE SHALL ANY DIRECT OR INDIRECT SUPPLIERS OF
- MainConcept AG BEAR ANY LIABILITY FOR ANY REASON WHATSOEVER
- AND IN NO CASE SHALL MainConcept AG's LIABILITY EXCEED THE
- AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU. This
- Agreement gives you certain legal rights. You may have other rights under
- local law, so some of the above may not apply or may be limited FOR
- EXAMPLE, SOME STATES DO NOT ALLOW THE LIMITATION OR
- EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
- DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
- APPLY TO YOU.
-
- GENERAL
- -------
-
- If you have any questions concerning this Agreement, or otherwise wish to
- contact a support person write to:
-
- MainConcept AG
- Elisabethstr. 1
- D-52062 Aachen
- Germany
-