IMPORTANT! PLEASE OBSERVE THE FOLLOWING BEFORE USING THE COMPUTER PROGRAM:
Please read this document carefully before installing and using the associated computer program. Installation and use of the program gives rise to the computer-program usage contract ("contract", below) between you and Canto Software AG ("Canto"), Alt-Moabit 59-60, 10555 Berlin, Germany. If you do not agree to the terms of this Contract, either in whole or in part, then do not use the software. Instead, send the software, along with the packaging, manuals, other materials ("software package") and your purchase receipt to Canto, which will refund the purchase price.
COMPUTER-PROGRAM USAGE CONTRACT
Canto is the originator of the computer program contained in the software package and permits you to use it in the manner prescribed below. Acquisition of the software package gives you ownership only of the physical data carriers on which the computer program is stored, as well as of the packaging, manuals and other materials, but not ownership of the computer program itself.
CONDITIONS OF USE WHICH ARE VALID FOR THE DURATION OF THE CONTRACT
(Please scroll down to the section for the software you have acquired):
* Cumulus Demo Version
You may install and use Cumulus Demo versions on as many computers as you like. The functionality of the Demo Version may be limited.
* Cumulus Upgrades
If you have acquired a Cumulus Upgrade product, you may use this upgrade product only if and as long as you are in possession of a legally acquired Cumulus product that entitles you to use this upgrade product.
* Cumulus NFR Version
NFR ("Not-for-resale") versions of Cumulus products may be used by Canto's sales and development partners solely for test, evaluation and customer presentation purposes. They may not be used in a production environment. They may not be sold, rented or passed on to third parties in any way.
* Cumulus Single User
If you have acquired Cumulus Single User, you may only install and use this computer program on one computer.
* Cumulus Workgroup, Cumulus Enterprise or the Cumulus Vault
If you have acquired Cumulus Workgroup, Cumulus Enterprise or the Cumulus Vault add-on component, you may only install and use the server components on one computer. For a backup server a separate license must be acquired. The client components (Native Client and Internet Client) may be installed on as many computers as you like. The number of client components that may be used simultaneously to access the server component is the same as the number of client licenses you purchased, with the exception of read-only access using the Internet Client, for which no client license is required.
* Cumulus Viewer
If you have acquired the Cumulus Viewer (formerly known as Cumulus Browser) as an add-on component for your Cumulus Edition, you may install and use the Viewer application and its components on as many computers as you like, and may distribute it to third parties as often as you like. When distributing the Cumulus Viewer application, it must be guaranteed that the folders containing the respective program and help files remain complete, and that you do not charge for the distribution.
* Cumulus Web Publisher
If you have acquired the Cumulus Web Publisher as an add-on component for your Cumulus Edition, you may only install and use this add-on component on the computer on which the Single User or server component of your Cumulus edition is installed. Certain portions of the computer program are stored as source code or HTML code on the data carrier. You may modify or adapt this code as you wish.
* Cumulus Web Publisher Pro
If you have acquired the Cumulus Web Publisher Pro as an add-on component for your Cumulus Edition, you may only install this component on one computer. The component includes software developed by the Apache Software Foundation (http://www.apache.org/).
* Cumulus URL AssetStore
If you have acquired the Cumulus URL AssetStore as an add-on component for your Cumulus Edition, you may only install and use this add-on component on the computer on which the Single User edition is installed or on computers on which a server or client component of your Cumulus edition is installed.
* 2PDF AssetProcessor
If you have acquired the 2PDF AssetProcessor for Cumulus as an add-on component for your Cumulus Edition, you may only install and use this add-on component on each computer on which a server or client component of your Cumulus edition is installed.
* Filter for Kodak DCS Cameras, PowerPoint SupportKit and QXP, ZIP or PDF AssetStores
If you have acquired a batch-cataloging license for Cumulus Filter for Kodak DCS, Cumulus PowerPoint SupportKit or one of the above mentioned AssetStores, you may only install and use this computer program on one computer.
If you use Cumulus Filter for Kodak DCS Cameras or one of the above mentioned AssetStores together with Cumulus Viewer, you may only install and use this combination on one computer and you may only distribute these components in Demo mode to third parties.
* Cumulus Leonardo Module
If you have acquired the Cumulus Leonardo Module as an add-on component for your Cumulus Edition, you may only install and use this computer program on one computer.
* Cumulus Connect
If you have acquired the additional Cumulus Connect component, you may only install and use this additional component twice: once on the computer, on which the Cumulus Enterprise server component is installed, and a second time on the computer, on which the Cumulus Enterprise Client component for the Cumulus Administrator is installed.
* Cumulus Java Classes and Cumulus Java Classes Runtime
Cumulus Java Classes are part of the Cumulus Enterprise Edition and the Cumulus Developer Program. Only with a Cumulus Enterprise Edition they may be used in a production environment. They may be used by members of the Cumulus Developer Program solely for development, test and evaluation purposes. They may not be sold, rented or passed on to third parties in any way. Members of the Cumulus Developer Program may pass - but not sell - the Cumulus Java Classes Runtime software to their customers along with their software that was developed with the Cumulus Java Classes provided that such customer has separately acquired a Cumulus Java Classes Runtime license.
* Cumulus HELIOS Companion
If you have acquired the Cumulus HELIOS Companion as an add-on component for your Cumulus Edition, you may install the Cumulus HELIOS Companion components on as many computers as you like in that local network where your Cumulus Server with a valid Cumulus HELIOS Companion license is installed.
CONDITIONS FOR THE TRANSFER / ABANDONMENT OF OWNERSHIP OF THE SOFTWARE PACKAGE:
You may abandon or transfer the ownership of the software package, including the original data carriers on which the computer program is stored. Such relinquishment or transfer terminates this contract, and you will be obligated immediately to uninstall all installed copies of the computer program and to cease usage of the software. The transfer of installed versions of the computer program, especially on a hard disk (whether standing alone or built into a computer) is not permitted, unless accompanied by the original data carriers. The foregoing does not apply to Cumulus Demo versions.
The computer program is copyright-protected worldwide. Every type of use beyond the narrow boundaries of the copyright law, with the exceptions named above, is forbidden and is thus illegal and punishable. This especially applies to duplication, modification and reproduction. You are required to keep the computer program intact, and may neither disassemble, decompile nor otherwise reverse-engineer it. It is strictly forbidden to rent or sublicense the computer program. It is strictly forbidden to use the computer program for ASP (Application Service Providing) purposes without the prior consent of Canto Software AG.
WARRANTY
THE LEGALLY VALID WARRANTY CONDITIONS APPLY REGARDING THE FAULTLESSNESS OF THE COMPUTER PROGRAM AND THE SOFTWARE PACKAGE. HOWEVER, CANTO EXPRESSLY MAKES NO GUARANTEE REGARDING THE CHARACTERISTICS OF THE COMPUTER PROGRAM AND SOFTWARE PACKAGE. CANTO ESPECIALLY ASSUMES NO GUARANTEE THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS.
LIABILITY
COMPENSATION CLAIMS BASED ON REMOTE CONSEQUENTIAL DAMAGES ARISING FROM DEFICIENCIES IN THE SOFTWARE ARE EXCLUDED. REMOTE CONSEQUENTIAL DAMAGES ARE DEFINED AS DAMAGES TO LEGALLY PROTECTED OBJECTS BEYOND THE IMMEDIATE SOFTWARE INSTALLATION, SUCH AS TO THE USER'S OPERATIONAL OR PRODUCTION PROCESS.
CANTO IS OTHERWISE LIABLE ONLY FOR DAMAGES CAUSED BY INTENT OR GROSS NEGLIGENCE.
LIABILITY FOR PROXIMATE CONSEQUENTIAL DAMAGES, I.E., DAMAGES TO THE DATA VOLUME OR DATA-PROCESSING SYSTEM ON WHICH THE SOFTWARE IS INSTALLED, IS RESTRICTED TO THE AMOUNT OF EURO 7,500.00.
IN THE EVENT OF A WARRANTY OR LIABILITY CLAIM AGAINST CANTO, PARTIAL
RESPONSIBILITY ON YOUR PART SHALL ALSO BE TAKEN INTO ACCOUNT, ESPECIALLY IF DATA PROTECTION HAS BEEN INSUFFICIENT.
GENERAL
The laws of the Federal Republic of Germany govern the legal relationships between the contracting parties. Any disputes arising from this contract shall be resolved by the court having jurisdiction under German law; the venue shall be that in which Canto's head office is located.
In the event that there is a gap in this contract, or any provision of it should be or become wholly or partially ineffective, the remainder of the contract shall remain in effect.
