Please read the following licence agreement carefully. It contains important details on software usage and warranty. To buy the software, you must accept this agreement at the end of this page.
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SOFTWARE
LICENSE AND LIMITED WARRANTY This is an agreement between you, the end user, and pilodata GmbH. By using this software, you are agreeing to become bound by the terms of this agreement. The Software is provided on an 'AS IS'-basis. The installation will install files necessary to operate the program onto your computer. Other system files, such as .DLLs may be installed or updated and Windows registry entries will be made. Uninstalling the program will not remove all of the installed files or registry entries. As with all installations, it is recommended that you back up your hard drive before you install this program. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE. PROMPTLY REMOVE IT FROM YOUR COMPUTER. 1. GRANT OF LICENSE. pilodata GmbH, as Licensor, grants to you, the Licensee, a non-exclusive right to use this software program (hereinafter the "Software") in accordance with the terms contained in this license. THe license is limited to the enclosed version of the Software and does not include the right to upgrades, updates or further developed versions. While using the test version of the Software you do not have any further rights for information, support or telephone assistance unless such support has been specifically granted with pilodata GmbH. 2. OWNERSHIP OF SOFTWARE. pilodata GmbH retains the copyright, title and ownership of the Software and the written materials regardless of the form or media in or on which the original and other copies may exist. 3. RESTRICTION OF USE. With reference to the above mentioned software it is especially prohibited - To change the Software, translate it, submit it to a reverse engineering procedure, decompile, disassemble or develop derivative programs based on the Software; - To rent out the Software, lease it or grant a security interest; - To vest someone with the rights to this Software; - To remove or change trademarks, logos, copyright or other protection notices, writings, symbols or labels on and in the Software or copies of it. 4. TRANSFERS. You may transfer the Software from one of your computers to another computer or person provided that the Software is transferred without modification. 5. LIMITED WARRANTY. pilodata GmbH warrants the media on which the Software is furnished to be free of defects in material and workmanship, under normal use, for a period of ninety (90) days following the date of delivery to you. In the event of defects, pilodata GmbH's sole liability shall be to replace the defective media which has been returned to pilodata GmbH or the supplier with your dated invoice and is shown to be defective. In the event that pilodata GmbH is unable to replace defective media, pilodata GmbH shall refund your money upon your termination of this license. 6. THIS SOFTWARE AND ACCOMPANYING DOCUMENTATAION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, FURTHER, PILODATA GMBH DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOUR. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE YOU, AND NOT PILODATA GMBH OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 7. THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT IS MADE BY PILODATA GMBH, ON THIS PILODATA GMBH PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PILODATA GMBH, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. 8. NEITHER PILODATA GMBH NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF PILODATA GMBH HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES. 9. Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date of delivery to you. In no event will pilodata GmbH's liability for any damages to you or any other person exceed the amount paid for the license to use the Software. 10. Should a provision of this Agreement turn out to be unenforceable, that provision will only be reformed to the extent necessary to make it enforceable. 11. Any claim or dispute between you and pilodata GmbH or against any agent, employee, successor or assign of pilodata GmbH, whether related to this Agreement or otherwise, and any claim or dispute related to this Agreement or the relationship or duties contemplated under this Agreement, including the validity of this arbitration clause, shall be resolved by binding arbitration by German Law. This Agreement constitutes the entire agreement between the end user and pilodata GmbH. |