Chip 2001 September/Chip_2001-09_cd1.bin/zkuste/frog/down/_user1.cab/USERSETUP_LANGINDOSIND/license.txt

Text File | 2001-08-02 | 13.2 KB | 313 lines

GREENWORKS END-USER SOFTWARE LICENSE AGREEMENT


PLEASE READ THIS DOCUMENT CAREFULLY. BY INSTALLING THE SOFTWARE,
YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT,
PLEASE DO NOT INSTALL THE SOFTWARE.

This is a legal agreement between you and Lintermann und Deussen GbR ("Greenworks").

This Agreement states the terms and conditions upon which Greenworks
offers to license the software together with all related documentation
and accompanying items including, but not limited to, the executable
programs, drivers, libraries and data files associated with such programs
(collectively, the "Software").



LICENSE

Grant of License.

The Software is licensed, not sold, to you for use only under the terms of this
 Agreement. You own the disk or other media on which the Software is originally
or subsequently recorded or fixed; but, as between you and Greenworks (and, to
the extent applicable, its licensors), Greenworks retains all title to and ownership
of the Software and reserves all rights not expressly granted to you.
For Use on a Single Computer.

The Software may be used by you only on a single computer by a single user
at one one time. You may transfer the machine-readable portion of the Software
from one computer to another computer, provided that

(a) the Software (including any portion or copy thereof)
    is erased from the first computer, and
(b) there is no possibility that the Software will be used on more than one
    computer at a time.


Stand-Alone Basis.

You may use the Software only on a stand-alone basis, such that the Software
and the functions it provides are accessible only to persons who are physically
present at the location of the computer on which the Software is loaded. You may
not allow the Software or its functions to be accessed remotely, or transmit all
or any portion of the Software through any network or communication line.


One Archival Copy.

You may make one (1) archival copy of the machine-readable portion of the Software
for backup purposes only in support of your use of the Software on a single computer,
provided that you reproduce on the copy all copyright and other proprietary rights
notices included on the originals of the Software.


No Merger or Integration.

You may not merge any portion of the Software into, or integrate any portion of the
Software with, any other program, except to the extent expressly permitted by the
laws of the jurisdiction where you are located. Any portion of the Software merged
into or integrated with another program, if any, will continue to be subject to the
terms and conditions of this Agreement, and you must reproduce on the merged or
integrated portion all copyright and other proprietary rights notices included
on the originals of the Software.


Restriction on Usage of Non-licensed Versions.

Additionally this software may not be used to create images or models which are
resold, without purchasing a license for the release version of this software
from Lintermann und Deussen Gbr (greenworks).


Network Version.

If you have purchased a "network" version of the Software, this Agreement applies to
the installation of the Software on a single "file server". It may not be copied onto
multiple systems. Each "node" connected to the "file server" must also have its own
license of a "node copy" of the Software, which becomes a license only for that
specific "node".


Transfer of License.

You may transfer your license of the Software, provided that:

(a) you transfer all portions of the Software or copies thereof,
(b) you do not retain any portion of the Software or any copy thereof, and,
(c) the transferee reads and agrees to be bound by the terms and conditions
    of this Agreement.


Limitations on Using, Copying, and Modifying the Software.

Except to the extent expressly permitted by this Agreement or by the laws
of the jurisdiction where you acquired the Software, you may not use, copy
or modify the Software. Nor may you sub-license any of your rights under this Agreement.


Decompiling, Disassembling, or Reverse Engineering.

You acknowledge that the Software contains trade secrets and other proprietary
information of Greenworks and its licensors. Except to the extent expressly permitted
by this Agreement or by the laws of the jurisdiction where you are located, you may
not decompile, disassemble or otherwise reverse engineer the Software, or engage in any
other activities to obtain underlying information that is not visible to the user in
connection with normal use of the Software. In any event, you will notify Greenworks of
any information derived from reverse engineering or such other activities, and the
results thereof will constitute the confidential information of Greenworks that may
be used only in connection with the Software.


Distribution of the Software.

This software may be freely distributed, provided it is distributed in its full form.
However it may not be distributed by altering the normal licensing expiry.




TERMINATION

The license granted to you is effective until terminated. You may terminate it
at any time by returning the Software (including any portions or copies thereof)
to Greenworks. The license will also terminate automatically without any notice
from Greenworks if you fail to comply with any term or condition of this Agreement.
You agree upon such termination to return the Software (including any portions or
copies thereof) to Greenworks. Upon termination, Greenworks may also enforce any
rights provided by law. The provisions of this Agreement that protect the proprietary
rights of Greenworks will continue in force after termination.



LIMITED WARRANTY

Greenworks warrants, as the sole warranty, that the disks on which the Software
is furnished will be free of defects, as set forth in the Warranty Card or
printed manual included with the Software. No distributor, dealer or any other
entity or person is authorized to expand or alter this warranty or any other
provisions of this Agreement. Any representation, other than the warranties
set forth in this Agreement, will not bind Greenworks.

Greenworks 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.

EXCEPT AS STATED ABOVE IN THIS AGREEMENT,
THE SOFTWARE IS PROVIDED AS-IS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.

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. You also assume the entire risk as it applies to the quality and
performance of the Software. Should the Software prove defective, you (and
not Greenworks, or its distributors or dealers) assume the entire cost of
all necessary servicing, repair or correction.

This warranty gives you specific legal rights, and you may also have other
rights which vary from country/state to country/state. Some countries/states
do not allow the exclusion of implied warranties, so the above exclusion
may not apply to you. Greenworks disclaims all warranties of any kind if
the Software was customized, repackaged or altered in any way by any third
party other than Greenworks.



LIMITATION OF REMEDIES AND DAMAGES

THE ONLY REMEDY FOR BREACH OF WARRANTY
WILL BE THAT SET FORTH IN THE WARRANTY
CARD OR PRINTED MANUAL INCLUDED WITH THE
SOFTWARE. IN NO EVENT WILL GREENWORKS OR
ITS LICENSORS BE LIABLE FOR ANY INDIRECT,
INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES
OR FOR ANY LOST PROFITS, LOST SAVINGS, LOST
REVENUES OR LOST DATA ARISING FROM OR
RELATING TO THE SOFTWARE OR THIS AGREEMENT,
EVEN IF GREENWORKS OR ITS LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL GREENWORK'S
LIABILITY OR DAMAGES TO YOU OR ANY OTHER
PERSON EVER EXCEED THE AMOUNT PAID BY YOU
TO USE THE SOFTWARE, REGARDLESS OF THE
FORM OF THE CLAIM.


Some countries/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.



PRODUCT RETURNS

IF YOU MUST SHIP THE SOFTWARE TO
GREENWORKS OR AN AUTHORIZED
GREENWORKS DISTRIBUTOR OR DEALER,
YOU MUST PREPAY SHIPPING AND EITHER
INSURE THE SOFTWARE OR ASSUME ALL
RISK OF LOSS OR DAMAGE IN TRANSIT.



U.S. GOVERNMENT RESTRICTED RIGHTS

All Software and related documentation are provided with restricted rights. Use,
duplication or disclosure by the U.S. Government is subject to restrictions as set
forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer
Software Clause at 252.227-7013. If you are sub-licensing or using the Software
outside of the United States, you will comply with the applicable local laws of
your country, U.S. export control law, and the English version of this Agreement.



CONTRACTOR/MANUFACTURER

The Contractor/Manufacturer for the Software is:

Lintermann und Deussen GbR "greenworks"
c/o bernd lintermann
ZKM | bildmedia
Lorenzstr 19
D-76135 Karlsruhe
Germany

[phone] (voice)
[phone] (fax)


GENERAL

This Agreement is binding on you as well as your employees, employers,
contractors and agents, and on any successors and assignees. Neither the
Software nor any information derived therefrom may be exported except in
accordance with the laws of the U.S. or other applicable provisions.
This Agreement is governed by the laws of the State of California (except
to the extent federal law governs copyrights and federally registered trademarks)
This Agreement is the entire agreement between us and supersedes any other
understandings or agreements, including, but not limited to, advertising, with
respect to the Software.

If any provision of this Agreement is deemed invalid or unenforceable by any
country or government agency having jurisdiction, that particular provision
will be deemed modified to the extent necessary to make the provision valid
and enforceable, and the remaining provisions will remain in full force and effect.

For questions concerning this Agreement, please contact Greenworks at the address
stated above or [e-mail]

For questions on product or technical matters, contact Greenworks technical
support at [e-mail]



SPECIAL PROVISIONS APPLICABLE TO THE EUROPEAN UNION

If you acquired the Software in the European Union (EU), the following
provisions also apply to you. If there is any inconsistency between the
terms of the Software License Agreement set out above and the following
provisions, the following provisions shall take precedence:

Decompilation: You agree not for any purpose to transmit the Software or
display the SoftwareÆs object code on any computer screen or to make any
hard copy memory dumps of the SoftwareÆs object code. If you believe you
require information related to the interoperability of the Software with
other programs, you shall not decompile or disassemble the Software to
obtain such information, and you agree to request such information from
Greenworks at the address listed below. Upon receiving such a request,
Greenworks shall determine whether you require such information for a
legitimate purpose and, if so, Greenworks will provide such information
to you within a reasonable time and on reasonable conditions.

Limited Warranty: EXCEPT AS STATED ABOVE
IN THIS AGREEMENT, AND AS PROVIDED BELOW
UNDER THE HEADING "STATUTORY RIGHTS",
THE SOFTWARE IS PROVIDED AS-IS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, QUALITY AND FITNESS FOR
A PARTICULAR PURPOSE.

Limitation of Remedy and Damages:
THE LIMITATIONS OF REMEDIES AND DAMAGES
IN THE SOFTWARE LICENSE AGREEMENT SHALL
NOT APPLY TO PERSONAL INJURY
(INCLUDING DEATH) TO ANY PERSON CAUSED BY
GREENWORKÆS NEGLIGENCE AND ARE SUBJECT TO
THE PROVISION SET OUT BELOW UNDER THE
HEADING "STATUTORY RIGHTS".

Statutory rights: German law provides that certain conditions and warranties
may be implied in contracts for the sale of goods and in contracts for the
supply of services. Such conditions and warranties are hereby excluded, to
the extent such exclusion, in the context of this transaction, as lawful
under German law. Conversely, such conditions and warranties, insofar as
they may not be lawfully excluded, shall apply. Accordingly nothing in this
Agreement shall prejudice any rights that you may enjoy via German law.

General: This Agreement is governed by the laws of the Republic of Germany.
This Agreement is the entire agreement between us and you agree that Greenworks
will not have any liability for any untrue statement or representation made by
it, its agents or anyone else (whether innocently or negligently) upon which you
relied upon entering this Agreement, unless such untrue statement or representation
was made fraudulently.