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- END USER LICENSE AGREEMENT FOR DefragMentor Premium
- 2.0 (EULA)
- IMPORTANT - PLEASE READ CAREFULLY
-
- This end user license agreement is a legally binding contract between
- yourself (as a natural or a legal person) and the company DefragMentor
- Software for the software product named above. By installing the
- software product, you declare your agreement with all conditions of the
- license agreement.
- If you do not agree with the conditions of the license agreement, you
- are not entitled to install or use the software product.
- The software product is protected by copyright laws and international
- copyright contracts as well as other laws and agreements concerning
- intellectual property.
-
- 1. Subject of the contract
- The subject of this contract is the computer program, the description
- thereof and the user manual as well as any other accompanying written
- material. This will henceforth also be referred to as "software".
- DefragMentor Software wishes to point out that, at the current state of
- technology, it is not possible to create software that works perfectly in
- all applications and combinations. The subject of this contract is
- therefore a software program that is fit for the purposes detailed in the
- description and the user manual.
-
- You are entitled to test the software free of charge and without
- obligation for a period of 10 days. If you wish to continue using the
- software after this 10 day period, you must purchase the relevant
- license.
-
- 2. License granting
- For the duration of this contract, DefragMentor Software grants you the
- simple, non-exclusive and personal right (henceforth referred to as
- "license") to use a copy of the software on a single computer. If this
- single computer has multiple users, this user right applies to all users of
- the system.
- As a license-holder, you may physically transfer the software (i.e. saved
- on a data carrying medium), on condition that it not be used on more
- than one computer at a time. Further use, especially repeated
- installation, use, and subsequent uninstallation on various computers
- (floating license) is prohibited.
-
- 3. Description of further rights and limits
- The license-holder is prohibited from;
- (a) altering, translating, reverse-developing, decompiling or
- disassembling the software without the advance written permission of
- DefragMentor Software
- (b) creating products derived from the software or making copies of
- the written material, translating or altering the written material or
- creating products derived from the written material
- (c) distributing copies of the software to third parties
- (d) changing or removing the copyright mark on the copies of the
- software
- (e) renting out, - or lending the software
- The license holder is permitted to transfer all rights from this license
- agreement permanently to another person, provided that the recipient
- also agrees to all conditions of this license.
- The license holder must use the software only in compliance with all
- relevant laws.
-
- 4. Ownership of rights
- Any ownership rights applying to the software, including but not
- limited to copyright laws, belong to DefragMentor Software. Any not
- explicitly claimed rights are reserved by DefragMentor Software.
- The purchase of a license for a product simply grants a right to use the
- software as described in the conditions of the license agreement. This
- does not imply a right to the software itself. In particular, DefragMentor
- Software reserves all publication, multiplication, processing and
- utilization rights to the software.
-
- 5. Reproduction
- The software and accompanying written material are protected by
- copyright laws. The user has the right to create copies of the software
- for back-up and archiving purposes. He or she is thereby also obliged to
- reproduce DefragMentor Software's copyright mark on the physical
- medium or in the program. A copyright mark present in the software
- may not be removed. Copying or reproducing the software in original
- or altered form, or merged with or included in other software, is
- explicitly forbidden.
- Provided you pass on only the test version, you may reproduce the
- installation data as often as you wish. However, you may only pass on
- exact copies and may not alter these in any way.
- For such reproduction, you may not demand any kind of compensation.
- You may not distribute or market this product in combination with
- other products - whether commercially or non-commercially - without
- the advance written permission of DefragMentor Software.
-
- 6. Length of the agreement
- This agreement is valid indefinitely. The right of a license-holder to use
- this software is removed automatically and without notice if he or she
- violates one of the terms of this agreement. At the end of the period of
- right to use, the license-holder is obliged to destroy the software, all
- copies of the software, and the written material.
-
- 7. Compensation for breach of contract
- DefragMentor Software would like to point out that you are responsible
- for any damages arising from breach of copyright if you violate these
- contract terms.
-
- 8. Changes and Updates
- DefragMentor Software is entitled to update the software as it wishes.
- DefragMentor Software is not obliged to make updated versions
- available to license holders who have not registered their product with
- DefragMentor Software, or who have not paid the update fee. Any
- additional software code that is made available to you as an update is
- considered a part of the software and is therefore subject to the terms of
- this agreement.
-
- 9. DefragMentor Software's Guarantees and Responsibility
- (a) DefragMentor Software guarantees the original license-holder
- that the data medium carrying the software is free of errors at the point
- of delivery, assuming normal operating conditions and a normal level of
- maintenance.
- (b) If the delivered data carrier is faulty, the purchaser can demand
- a replacement during the 24-month guarantee period. For this, he or she
- must return the data carrier, any back-up copies and the written material
- along with a copy of the invoice or receipt to DefragMentor Software or
- to the dealer where the product was purchased.
- (c) If a fault as described in clause 9 b is not corrected by means of
- a replacement delivery within a reasonable time period, the purchaser
- can demand either that the sale price be reduced or that the contract be
- canceled.
- (d) For these reasons and for those mentioned in clause 1 of this
- contract, DefragMentor Software accepts no responsibility for mistakes
- in the software. In particular, DefragMentor Software does not
- guarantee that the software will meet the particular requirements and
- demands of the purchaser or that it will function together with other
- software he or she has chosen. The purchaser is responsible for the
- correct choice of software and the consequences of the use of that
- software, as well as the results aimed at or intended. The same principle
- applies to the written material that accompanies the software. If the
- software is fundamentally unfit for use as described in clause 1, the
- customer has the right to cancel the contract. DefragMentor Software
- has the same right should the creation of software that is fundamentally
- fit for use as described in clause 1 not be practically possible.
-
- 10. Exclusion of incidental, consequential and certain other damages.
- To the maximum extent permitted by applicable law, in no event shall
- DefragMentor Software or its suppliers be liable for any direct, special,
- incidental, indirect, punitive, consequential or other damages
- whatsoever (including, but not limited to, damages for: loss of profits,
- loss of confidential or other information, business interruption, personal
- injury, loss of privacy, failure to meet any duty (including of good faith
- or of reasonable care), negligence, and any other pecuniary or other loss
- whatsoever) arising out of or in any way related to the use of or
- inability to use the software or support services, the provision of or
- failure to provide support services, or otherwise under or in connection
- with any provision of this agreement, even in the event of the fault, tort
- (including negligence), strict liability, breach of contract or breach of
- warranty of DefragMentor Software or any supplier, and even if
- DefragMentor Software or any supplier has been advised of the
- possibility of such damages.
-
-