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- SOFTWARE LICENCE TERMS
-
- THE SOFTWARE IS PROTECTED BY COPYRIGHT LAWS AND MAY ONLY BE USED,
- TRANSMITTED OR REPRODUCED IN ACCORDANCE WITH THE LICENCE TERMS.
-
- DO NOT INSTALL, REPRODUCE, TRANSMIT, OR USE THE SOFTWARE UNTIL YOU HAVE
- READ AND ACCEPTED ALL OF THE LICENCE TERMS. PERMISSION TO USE THE
- SOFTWARE IS CONDITIONAL UPON YOU AGREEING TO THE LICENCE TERMS.
- INSTALLATION, REPRODUCTION, TRANSMISSION OR USE OF THE SOFTWARE BY YOU
- WILL BE DEEMED TO BE ACCEPTANCE OF THE LICENCE TERMS. ACCEPTANCE WILL
- BIND YOU TO THE LICENCE TERMS IN A LEGALLY ENFORCEABLE CONTRACT WITH SFS
- SOFTWARE.
-
- IF YOU DO NOT WISH TO ACCEPT THE LICENCE TERMS, DO NOT INSTALL,
- REPRODUCE, TRANSMIT OR USE THE SOFTWARE.
-
- 1. In the licence terms: "free trial period", in respect of the
- software, means a period of 14 days commencing when you install the
- software, including any further period permitted by SFS Software; "key"
- means a device provided by SFS Software, upon receipt of the licence fee,
- which enables the software to operate after the free trial period has
- expired; "licence fee" means the amount of $US; "locked software" means
- the software, without a key; "SFS Software" means SFS Software, of the
- address indicated below; and "unlocked software" means the software,
- together with and operational through use of a key.
-
- 2. Subject to the licence terms, you are granted a non-exclusive
- right during the free trial period to reproduce, transmit and use locked
- software on as many computers as you wish, provided that such software is
- used for evaluation purposes only. During the free trial period the
- locked software will operate without a key and the software licence
- granted in this clause shall be immediately revocable by SFS Software
- without need to show cause. Upon expiry of the free trial period, the
- software licence granted in this clause will automatically terminate and
- the software will become inoperational without the use of a key.
-
- 3. If you wish to use the software after the free trial period, you
- must pay the licence fee to SFS Software. Within a reasonable time after
- SFS Software receives the licence fee from you, SFS Software will provide
- you with a key.
-
- 4. Subject to the licence terms, if you pay the licence fee, you are
- granted a non-exclusive right to cause a single copy of unlocked software
- to be executed on a single central processing unit of a single computer
- at any one time. The licence granted in this clause 4 will continue
- until copyright in the software expires in the jurisdiction where the
- software is being used for the time being.
-
- 5. The software licence extends to any documentation which
- accompanies the software, provided that such documentation may not be
- copied, modified or used in any way not contemplated or expressly
- authorised by the licence terms.
-
- 6. You hereby undertake the following obligations:
-
- (a) to not copy, reproduce, transmit, translate, adapt, vary
- or modify the software, in whole or in part (including the part being the
- key), except as expressly authorised by the licence terms;
-
- (b) to ensure your employees, sub-contractors and others who
- are permitted by you to have access to the software are made aware of the
- terms of the licence terms and abide by them;
-
- (c) to not use unlocked software for or in connection with an
- outsourcing, service bureau or facilities management arrangement; and
-
- (d) to not make unlocked software available across a computer
- network.
-
- 7. You acknowledge and agree that:
-
- (a) the software is provided "as is" and is not warranted to
- be error free;
-
- (b) the existence of any errors in the software shall not
- constitute a breach of the licence terms; and
-
- (c) SFS Software will not be liable or responsible for any
- virus or other feature of the software which interferes with the normal
- operation of a computer and in either case which is not intentionally
- introduced by SFS Software.
-
- 8. Subject to clause 11, all terms not expressly stated in the
- licence terms (including terms relating to the standard or quality of the
- software or the fitness of the software for a particular purpose) are
- excluded from the licence terms.
-
- 9. Subject to clause 11, the maximum liability of SFS Software for
- any claims, loss or damage suffered or incurred in any way relating to
- the software (whether referable to breach of the licence terms,
- negligence or otherwise and including any number of claims which arise
- from a single event) will be the licence fee.
-
- 10. Subject to clause 11, SFS Software will not be liable for any
- indirect or consequential damages however arising (whether through a
- breach of the licence terms, negligence or otherwise).
-
- 11. In the event that any applicable law or statute implies any terms
- or imposes any liability on SFS Software which cannot lawfully be
- excluded from the licence terms:
-
- (a) such terms are included in, or as the case may require,
- such liability is not excluded by, the licence terms; and
-
- (b) the liability of SFS Software for a breach of such terms
- or, as the case may be, such liability, will be limited to the maximum
- extent permitted under such law or statute.
-
- 12. Nothing in the licence terms entitles you to support or
- maintenance services, updates or new releases in respect of the software.
-
- 13. You acknowledge and warrant that:
-
- (a) you will acquire a key only after satisfying yourself as
- to the fitness of the software for the purpose to which you intend to put
- it;
-
- (b) you have not relied on any representation made by SFS
- Software which is not stated expressly in the licence terms or upon any
- descriptions, illustrations or specifications contained in any document
- including catalogues or publicity material produced by SFS Software.
-
- 14. You acknowledge that the software, including the key and all
- accompanying documentation, are the subject of copyright. You shall not
- at any time permit any act which infringes that copyright and, without
- limiting the foregoing, you specifically acknowledge that you may not
- reproduce or copy the software or the key except as otherwise expressly
- authorised by the licence terms.
-
- 15. You shall fully indemnify SFS Software against all liabilities,
- costs and expenses which SFS Software may incur as a result of a breach
- of the provisions of the licence terms by you or permitted by you.
-
- 16. The agreement comprising the licence terms may be terminated by
- SFS Software in the following circumstances:
-
- (a) if you are in breach of any term of the licence terms;
-
- (b) if you, being a corporation, become the subject of
- insolvency proceedings;
-
- (c) if you, being a firm or partnership, are dissolved;
-
- (d) if you, being a natural person, die;
-
- (e) if you destroy the software and documentation for any
- reason;
-
- (f) any circumstances not contemplated by the licence terms
- occur which make it reasonable for SFS Software to terminate that
- agreement; or
-
- (g) SFS Software gives you a notice of its intention to
- terminate that agreement, and you do not, within 14 days of dispatch of
- that notice, communicate your intention to continue that agreement.
-
- 17. Upon such termination, you must cause all remaining copies of the
- software (including the key and all accompanying documentation) to be
- destroyed or otherwise returned, disposed of or dealt with in the manner
- directed by SFS Software.
-
- 18. Such termination shall not affect any rights or remedies which
- SFS Software may otherwise have under the licence terms or at law.
-
- 19. The benefit of the licence terms shall not be dealt with in any
- way by you (whether by assignment, sub-licensing or otherwise) without
- SFS Software's written consent.
-
- 20. Failure or neglect by either party to enforce at any time any of
- the provisions of the licence terms shall not be construed or deemed to
- be a waiver of that party's rights under the licence terms.
-
- 21. The licence terms shall be governed by and construed according to
- the law of the State of Thuringia, Germany and SFS Software and you
- submit to the jurisdiction of courts and tribunals exercising
- jurisdiction in that State.
-
- ADDRESS OF SFS SOFTWARE:
- SFS SOFTWARE
- Martin-Luther-Ring 31
- 98574 SCHMALKALDEN / GERMANY
- E-mail: info@sfs-software.com
- WEB: http://www.sfs-software.com
-