Aga's DB/Aga's DB.iso/Tools/License.txt

Text File | 2004-09-06 | 11KB | 253 lines

    AGA┤S DATABASE Ver. 1.1 - Licensed Copies: 1


        END-USER LICENSE AGREEMENT




IMPORTANT - PLEASE READ CAREFULLY:


This End-User License Agreement ("EULA") is a legal agreement
between you (either an individual or a single entity) and
AGA Media, Joachim Bartels, Hildesheim, Germany for the Aga┤s
Records-Database software product identified above, which
includes computer software and may include associated media,
printed materials, and "online" or electronic documentation
("Product"). An amendment or addendum to this EULA may
accompany the Product.


YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING,
COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE,
DO NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR
PLACE OF PURCHASE FOR A FULL REFUND.


1. GRANT OF LICENSE.

AGA Media grants you the following rights provided that you
comply with all terms and conditions of this EULA:

- Installation and use. You may install, use, access,
display and run one copy of the Product on a single
computer, such as a workstation, terminal or other device
("Workstation Computer").

- Network Use is not possible. The product is designed
to be used on a single computer. A license for the Product
may not be shared or used concurrently on different
Workstation Computers.

- Reservation of Rights. AGA Media reserves all rights not
expressly granted to you in this EULA.


2. UPGRADES. To use a Product identified as an upgrade, you
must first be licensed for the product identified by AGA Media
as eligible for the upgrade. After upgrading, you may no
longer use the product that formed the basis for your
upgrade eligibility.


3. ADDITIONAL SOFTWARE. This EULA applies to updates or
supplements to the original Product provided by AGA Media, unless
other terms along with the update or supplement are being
provided.


4. TRANSFER.

You may move the Product to a different Workstation Computer
(Transfer to Third Party). The initial user of the Product
may make a one-time transfer of the Product to another end
user. The transfer has to include all component parts, media,
printed materials, this EULA, and the registration confirmation
sent by AGA Media. The transfer may not be an indirect transfer, such
as a consignment. Prior to the transfer, the end user receiving
the transferred Product must agree to all the EULA terms.
No Rental! You may not rent, lease, or lend the Product.


5. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION,
AND DISASSEMBLY.

You may not reverse engineer, decompile, or disassemble the
Product, except and only to the extent that it is expressly
permitted by applicable law notwithstanding this limitation.
You may not use the data in connection with other database
engines.


6. TERMINATION.

Without prejudice to any other rights, AGA Media may cancel this
EULA if you do not abide by the terms and conditions of
this EULA, in which case you must destroy all copies of
the Product and all of its component parts.


7. CONSENT TO USE OF DATA.

You agree that AGA Media and his affiliates may collect and use
technical information you provide as a part of support
services related to the Product. AGA Media agrees not to use
this information in a form that personally identifies you.


8. LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED.

AGA Media warrants that the Product will perform substantially
in accordance with the accompanying materials for a period
of ninety days from the date of receipt. If an implied
warranty or condition is created by your state/jurisdiction
and federal or state/provincial law prohibits disclaimer
of it, you also have an implied warranty or condition,

BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS
LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED
AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR
CONDITION OF ANY KIND.

Some states/jurisdictions do not allow limitations
on how long an implied warranty or condition lasts, so the
above limitation may not apply to you. Any supplements or
updates to the Product, including without limitation, any
(if any) service packs or hot fixes provided to you after
the expiration of the ninety day Limited Warranty period are
not covered by any warranty or condition, express, implied
or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES.
Your exclusive remedy for any breach of this Limited
Warranty is as set forth below. Except for any refund
elected by AGA Media,

YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT
LIMITED TO CONSEQUENTIAL DAMAGES,

if the Product does not meet AGA Media┤s Limited Warranty, and,
to the maximum extent allowed by applicable law, even if any
remedy fails of its essential purpose.
The terms of Section 10 below ("Exclusion of Incidental,
Consequential and Certain Other Damages") are also incorporated
into this Limited Warranty. Some states/jurisdictions do not
allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply
to you.
This Limited Warranty gives you specific legal rights. You may
have others which vary from state/jurisdiction to
state/jurisdiction. YOUR EXCLUSIVE REMEDY. AGA Media┤s and
his suppliers' entire liability and your exclusive remedy
shall be, at AGA Media┤s option from time to time exercised
subject to applicable law,

(a) return of the price paid (if any) for the Product, or
(b) repair or replacement of the Product,

that does not meet this Limited Warranty and that is returned
to AGA Media with a copy of your receipt. You will receive the remedy
elected by AGA Media without charge, except that you are responsible
for any expenses you may incur (e.g. cost of shipping the Product
to AGA Media).
This Limited Warranty is void if failure of the Product has
resulted from accident, abuse, misapplication, abnormal use
or a virus. Any replacement Product will be warranted for
the remainder of the original warranty period or thirty (30)
days, whichever is longer.


9. DISCLAIMER OF WARRANTIES.

The Limited Warranty that appears above is the only express
warranty made to you and is provided in lieu of any other
express warranties (if any) created by any documentation or
packaging. Except for the Limited Warranty and to the maximum
extent permitted by applicable law, AGA Media and his suppliers
provide the Product and support services (if any)
AS IS AND WITH ALL FAULTS, and hereby disclaim all other
warranties and conditions, either express, implied or statutory,
including, but not limited to, any (if any) implied warranties,
duties or conditions of merchantability, of fitness for a
particular purpose, of accuracy or completeness of responses,
of results, of workmanlike effort, of lack of viruses, and of
lack of negligence, all with regard to the Product, and the
provision of or failure to provide support services.

ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET
ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION
OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.


10.  EXCLUSION OF INCIDENTAL, CONSEQUENTIAL
AND CERTAIN OTHER DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL AGA Media OR HIS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS
OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR
FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY
OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY
RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT,
THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES,
OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF
THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH
OF WARRANTY OF AGA Media OR ANY SUPPLIER, AND EVEN IF AGA Media OR ANY
SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


11.  LIMITATION OF LIABILITY AND REMEDIES.

Notwithstanding any damages that you might incur for any
reason whatsoever (including, without limitation, all
damages referenced above and all direct or general damages),
the entire liability of AGA Media and any of his suppliers
under any provision of this EULA and your exclusive remedy
for all of the foregoing (except for any remedy of repair or
replacement elected by AGA Media with respect to any breach
of the Limited Warranty) shall be limited to the greater of
the amount actually paid by you for the Product or
U.S.$5.00. The foregoing limitations, exclusions and
disclaimers (including Sections 8, 9 and 10 above) shall
apply to the maximum extent permitted by applicable law,
even if any remedy fails its essential purpose.


12. APPLICABLE LAW.

If you acquired this product in Europe, this EULA is goverened
by local law as well as European law. If you acquired this
Product in the United States, this EULA is governed by the laws
of the State of Washington. If you acquired this Product in
Canada, unless expressly prohibited by local law, this EULA is
governed by the laws in force in the Province of Ontario,
Canada; and, in respect of any dispute which may arise
hereunder, you consent to the jurisdiction of the federal
and provincial courts sitting in Toronto, Ontario. If you
accquired this product in other countries, local law may apply.


13. ENTIRE AGREEMENT.

This EULA (including any addendum or amendment to this EULA
which is included with the Product) are the entire agreement
between you and AGA Media relating to the Product and the support
services (if any) and they supersede all prior or contemporaneous
oral or written communications, proposals and representations
with respect to the Product or any other subject matter covered
by this EULA. To the extent the terms of any AGA Media policies or
programs for support services conflict with the terms of this
EULA, the terms of this EULA shall control.

14. COPYRIGHT.

The Product is protected by copyright and other intellectual
property laws and treaties. AGA Media owns the title, copyright,
and other intellectual property rights in the Product.
The Product is licensed, not sold.