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Unitec Informatik provides the following End-User License Agreements
with respect to the software it distributes. An End-User License
Agreement is a legal agreement between you (either an individual or a
single entity) and Unitec Informatik for a Unitec software product.
Such software product includes computer software and may include
associated media, printed materials, and "online" or
electronic documentation ("SOFTWARE PRODUCT"). By
installing, copying, or otherwise using the SOFTWARE PRODUCT, you
agree to be bound by the terms of the End-User License Agreement. If
you do not agree to the terms of the agreement, do not install or use
the SOFTWARE PRODUCT.
Each SOFTWARE PRODUCT
is identified as a:
- Demo software
- Licensed/Registered
version
Demo
Software
- GRANT OF LICENSE.
Unitec grants you the following rights with respect to Demo
Software:
Installation and
Use. You may install and use one single copy of the SOFTWARE
PRODUCT.
Term. Demo software has a term limited to a period of time
specified in the activation key or documentation provided with the
Demo software. At the expiration of such term, you no longer are
licensed to use or possess the Demo Software.
- OTHER TERMS. Demo
Software is also subject to the rights and limitations listed
below under the heading "Additional Terms and
Conditions."
Additional Terms
and Conditions
- DESCRIPTION OF
OTHER RIGHTS AND LIMITATIONS.
Limitations on
Reverse Engineering, Decompilation, and Disassembly. You may not
reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT.
Separation of
Components. The SOFTWARE PRODUCT is licensed as a single product.
Its component parts may not be separated for use on more than one
computer.
Support Services.
Unitec may provide you with support services related to the
SOFTWARE PRODUCT ("Support Services"). Use of Support is
governed by the Unitec policies and programs described in the user
manual, in "online" documentation, and/or in other
Unitec-provided materials. Any supplemental software code provided
to you as part of the Support Services shall be considered part of
the SOFTWARE PRODUCT and subject to the terms and conditions of
this End-User License Agreement. With respect to technical
information you provide to Unitec as part of the Support Services,
Unitec may use such information for its business purposes,
including for product support and development. Unitec will not
utilize such technical information in a form that personally
identifies you.
Termination.
Without prejudice to any other rights, Unitec may terminate this
End-User License Agreement if you fail to comply with the terms
and conditions of this End-User License Agreement. In such event,
you must destroy all copies of the SOFTWARE PRODUCT and all of its
component parts.
- COPYRIGHT. All
title and copyrights in and to the SOFTWARE PRODUCT (including but
not limited to any images, photographs, animations, video, audio,
music, text, and "applets" incorporated into the
SOFTWARE PRODUCT), the accompanying printed materials, and any
copies of the SOFTWARE PRODUCT are owned by Unitec or its
suppliers. The SOFTWARE PRODUCT is protected by copyright laws and
international treaty provisions. Therefore, you must treat the
SOFTWARE PRODUCT like any other copyrighted material except that
you may install the SOFTWARE PRODUCT on a single computer provided
you keep the original solely for backup or archival purposes.
-
The End-User
License Agreement is governed by the laws of the Kanton Zuerich,
Switzerland.
LIMITED WARRANTY
NO WARRANTIES.
Unitec expressly disclaims any warranty for the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT and any related documentation is provided
"as is" without warranty of any kind, either express or
implied, including, without limitation, the implied warranties or
merchantability, fitness for a particular purpose, or
noninfringement. The entire risk arising out of use or performance
of the SOFTWARE PRODUCT remains with you.
NO LIABILITY FOR
DAMAGES. In no event shall Unitec or its suppliers be liable for
any damages whatsoever (including, without limitation, damages for
loss of business profits, business interruption, loss of business
information, or any other pecuniary loss) arising out of the use
of or inability to use this Unitec product, even if Unitec has
been advised of the possibility of such damages.
Licensed/Registered
versions of Software
Each
licensed/registered version of a SOFTWARE PRODUCT distributed by
Unitec Informatik comes with the following license and limitation of
warranties:
This is a legal
agreement between the user of the Unitec SOFTWARE PRODUCT thereafter
called User, and
Unitec Informatik
Leerüti 797
CH-8625 Gossau
called Unitec and
covers all parts of the software and its documentation.
By
installing and/or using the enclosed software, you are agreeing to be
bound by the terms of this agreement. It includes all component parts
of the software such as libraries, executables, user interfaces,
source components and all associated documentation, jointly referred
to as Products.
Unitec
Informatik (Unitec) grants you (User) the limited right to use one (1)
copy of the Products in object code on a single terminal connected to
a single computer. Multi terminal licenses are available from Unitec.
This agreement supersedes all prior agreements, proposals, and
representations between you and Unitec regarding: 1) the Unitec
Software contained in this package; 2) earlier releases of this
Software and; 3) all accompanying written materials, including any
prior written agreement or any agreement in the manuals.
-
You
may use the Products to develop computer programs in compiled,
linked, executable form (your Application Programs), provided none
of the programs constitute a product which could be used to
commercially compete with any Unitec product currently available.
You may not delete Unitec copyright notices from your Application
Programs. You may use the Products only with the type of operating
system specified on the media labels. Other licenses must be
obtained form Unitec for development in other environments.
-
If
the Product label specifies a multi-user operating system, the
Product may be used by the same number of users and/or programmers
as the number granted by your serial number and activation key
combination, provided they all use the same, single Central
Processing Unit (CPU). For single user operating systems, you must
obtain a license for each CPU (effectively each user, programmer
or workstation on a network) on which the Product is used, whether
in source code or object code.
-
You
may modify and compile the Product source code, if supplied,
provided you do not delete copyright notices. All modified
versions are part of the licensed Products subject to this
agreement and the property of Unitec. All modifications of,
partial replacements of, and extensions of Unitec source code must
be delivered to Unitec upon request. If you compile the source
code for use with an operating system other than specified on the
media labels, you must license another copy of the Products,
specifying that operating system, or obtain a special license from
Unitec for that operating system, even if you intend to use both
versions on only a single CPU.
-
You
agree to indemnify, hold harmless, and defend Unitec form and
against any claims or lawsuits, including attorneys’ fees, that
arise or result from the use or distribution of programs
distributed under this license, including any claim that
Application Programs which you created under this license infringe
any rights of any third parties.
-
The
Products contain proprietary and confidential information. You
must keep the Products in strict confidence and ensure that anyone
with access to the Products refrains from unauthorized
reproduction or disclosure. All copies of the Products, including
written materials, are protected by national copyright laws and
international treaty provisions and are owned by Unitec or its
suppliers. You may not use, reproduce, modify, distribute,
disclose, or transfer the Products, except as allowed by this
license. You may make a reasonable number of copies solely for
working, backup, or archival purpose, provided you use only one
working copy at a time for each licensed CPU. You may not copy the
written materials accompanying the Products. You may not sell,
sublicense, rent, lease, assign, give, or transfer any Unitec end
user license or Product. Your obligations under this agreement
survive any substitution and/or termination of the licenses
granted by this agreement.
-
The
license granted herein may be terminated by returning or
destroying all copies of the Products materials within your
control and so notifying Unitec in writing. The above licenses,
including your right to use the Products, will terminate
automatically if you infringe Unitec copyrights or breach this
agreement. Unitec may suspend or terminate the above licenses,
with 30 days prior notice and opportunity to cure, if you fail to
pay any amount due Unitec or any Unitec distributor, dealer, or
subsidiary. Termination of the above licenses neither impairs
third party rights in programs lawfully distributed prior thereto,
nor does such termination affect other obligations under this
agreement.
-
Unitec
warrants that the Products have been accurately recorded on the
media and that the media contain no defects. If you return any
medium which does not meet this warranty to the place where you
obtained it within 30 days from the date of shipment, Unitec or
its reseller will repair or replace the medium without charge.
Unitec disclaims all other warranties, either express or implied,
including but not limited to implied warranties of merchantability
and fitness for a particular purpose, and all other remedies for
breach of the above warranty. You assume all risks with respect to
the accuracy, adequacy, quality, reliability, and performance of
the products. All implied warranties which may not be disclaimed
are limited to 30 days.
-
In
no event shall Unitec, its resellers, or suppliers be liable for
any damages whatever (including, without limitation, damages for
loss of business profits, business interruption, loss of business
information, or other pecuniary loss) arising out of the use of or
inability to use this product, whether in an action based on
contract or tort, including negligence or strict liability, even
if Unitec has been advised of the possibility of such damages. Any
liability of Unitec is limited in the aggregate to amounts paid to
Unitec for this Software and license.
-
Whenever
possible, each provision of this agreement shall be interpreted in
such manner as to be valid and effective under applicable law. If
any provision is invalid, the remaining provisions remain
enforceable.
-
The
laws of the Kanton Zürich, Switzerland, control this agreement.
It is enforceable by Unitec and/or its distributors and dealers.
Disputes will be finally resolved by arbitration pursuant to rules
of arbitration and conducted in Zürich, Switzerland. The
arbitration will be conducted, at Unitec’s option, either in
English or German by one arbitrator. The prevailing party in any
action related to an alleged infringement of Unitec proprietary
rights is entitled to recover its costs and expenses, including
reasonable attorneys’ fees.
-
This
License shall benefit Unitec, its successors and assigns.
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