End User License Agreement (EULA)
Concluded between Techno-Grafik Christian Lackner eU A-4221 Steyregg, Weissenwolffstraße 14, FN 310084g, Court of A-4020 Linz, ATU 24385902.
In following referred to as „Licensor” and „The User”.
I. Grant of Limited License
The Licensor grants the User the non-exclusive and non transferable right and according to this Agreement restricted right, to use the
purchased software from Techno Grafik (hereinafter referred to as the „Software”). The Software is granted to the User on a CD ROM or disk or via download. The license permits either (a) multiple Users to install and use the Software on a single computer; or
(b) a single User to install and use the Software on two computers. The term „computer” relates to hardware, if it is made of a single computer system or it relates to a computer system with which the hardware works, if the hardware is made of a computer system component. By no means it is permitted under this Agreement that multiple and/or several Users of the Software make use of the Software on multiple and/or several computers with just one single license or subscription. Further, it is prohibited to make use of a single license or subscription by making available the Software via a network in a way that it can be used by more than one computer at the same time. Multiple licenses or subscriptions may only be used within a scope as indicated in chapter (a) and (b) above.
II. Ownership Rights
The Software and the Documentation are protected by intellectual property right laws. The Licensor and its suppliers reserve any rights not expressly granted to the User. This is true for all right, title and interest in and to the Software and the Documentation, including all copyrights, patents, trademarks and other intellectual property rights therein. The possession, installation, or use of the Software and the Documentation does not transfer any title of ownership with regard to the Software or the Documentation, above all not rights to the Software or the Documentation except as expressly set forth in this Agreement.
The User of the Software may only copy the Software within a scope necessary for the program itself, for instance the installation of the Software as well as the loading of the working memory. Besides this, the User is entitled to make a backup copy, which is to be defined as such. It shall solely be used for the purpose of archival storage and may not be submitted to third parties. A concurrent use of the original and the backup copy is not permitted. Further copies are not allowed. The Documentation may be printed out only once; the print out must not be copied.
III. Restrictions and Rights
(1) If the copy of the Software is not equipped with a License File or a valid subscription exists, the copy of the Software may be registered by purchasing a License File at https:// www.techno-grafik.com or a subscription in the Mac App Store. License File will enable saving documents and also disable a feature of the Software that provides for revolving reminders that you have not unlocked your copy of the Software.
(2) The User must not modify, reverse-engineer, recompile, or disassemble the Software or parts of it, as far as this is not expressly permitted in this Software License Agreement or by the law. By such action the User must not manipulate the revolving reminder of not having registered the copy and further must not circumventing any of the terms of this Software License Agreement or any other provision of law.
(3) The User must not claim that the Software is his own one; further the User must not use the name of the Licensor to endorse or promote products derived from the Software without prior written permission.
(4) The Software shall be used at all times in a manner that is consistent with the software of other companies and their rights.
(5) The User is not entitled to distribute copies of the Software, in whole or in part, to any third party, nor may he use, rent, loan, sublicense, or lease the Software to third parties for or without consideration. Further, the User must not grant use of the Software to third parties, for instance through so called service providers.
The only claim the User is granted hereunder is the refund of the purchase price of the product or a replacement of the software against prove of purchase by a copy of the bill.
V. Limitation of Liability
Under no circumstances and under no legal theory the Licensor shall not be liable for any damage to any person or direct or indirect damage or consequential damage of whatever kind, including but not limited to loss of profits or revenues, loss of data, business interruption or any other commercial damage or loss, which result from or are caused by the shipment of the Software or the impossibility of the use of the Software. In no event the Licensor shall be liable for any damages in excess of the list price the User has paid for the Software (with the exception of a liability for damage to persons).
VI. Applicable law
This Agreement is governed by the laws of Austria. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Any and all disputes arising out of or in connection with this Agreement including its invalidity are to be settled exclusively before the competent court of A-4020 Linz, Austria.
This agreement sets forth all rights for the User of the Software and is the entire agreement between the parties. This Agreement supersedes any other communications with respect to the Software and Documentation. This Agreement may not be modified except by written addendum issued by a duly authorised representative of the Licensor. No provisions hereof shall be deemed waived unless such waiver shall be in writing and signed by the Licensor. If any provision of this agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. In such a case a provision shall apply instead of the invalid one, which meets the economic purpose of this Agreement at the best.
(The parties confirm that it is their wish that this Agreement has been written in the English language only.)