YOU MAY NOT USE THE SOFTWARE UNLESS YOU AGREE TO THE FOLLOWING STATEMENTS!
This End User License Agreement ("EULA") is a legal agreement between the end user (either an individual or a legal entity) and Ronald Grindle Softwareentwicklung, Hansjakobstr. 1, 81673 München, Germany (hereinafter "the Provider") for the Software this agreement is attached to. The Software includes the computer Software, associated media, print outs as well as online or other electronic documentation (hereinafter „the Software").
The copyright of this Software and its associated documentation (including all files, images and text incorporated into the Software) as well as any accompanying written materials is owned by the Provider and is protected by German and international copyright laws and international treaties.
By installing, copying, downloading or otherwise using this Software, you agree with the Provider to be bound by the terms and conditions of this agreement, which will govern your use of the Software. If you do not agree to the EULA, you are not entitled to install, copy or use this Software.
The Provider grants, and the customer accepts, a nontransferable and nonexclusive license to use the Software on the following terms and conditions:
The EULA is effective until the termination of it by destroying the Software and its documentation, together with all copies. The EULA terminates with immediate effect and without notification from the Provider, if you fail to abide any of the terms and conditions of this agreement. If you fail to adhere one of the terms or conditions, you must destroy all copies of the Software, and its documentation, including any Software stored on the hard disk of any server/computer under your control.
The Provider retains at all times ownership (and intellectual properties in relation to) the Software, as well as all subsequent copies thereof, regardless of form or storage medium.
The Provider also retains all rights of the title and all proprietary rights to the Software, including, but not limited to, all patent, copyright, corporate secrets, and trademark.
All legal claims and intellectual properties on the content, that is accessed by the use of the software, is owned by the according Provider and may be protected by copyright or other legal rights. The Provider retains all rights, that are not explicitly granted.
The Provider explicitly rejects any warranty for the Software
THE SOFTWARE, ANY INFORMATION, CODES, AND/OR EXECUTABLES PROVIDED, IS SUPPLIED AS IS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER FURTHER DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
THE RECIPIENT ACCEPTS ANY AND ALL RISK ASSOCIATED WITH THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, OR INCIDENTAL LOSS OF BUSINESS PROFITS, SPECIAL DAMAGES ARISING FROM THE USE (OR INABILITY TO USE) THE SOFTWARE, OR FROM ERRORS OR DEFICIENCIES IN IT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE Provider DOES NOT GUARANTEE THAT THE SOFTWARE WILL BE FREE FROM BUGS, ERRORS, OR OMISSIONS, THAT IT WILL PERFORM WITHOUT INTERRUPTION, THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
FURTHERMORE THE Provider DOES NOT GUARANTEE THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT NEW RELEASES AND/OR UPGRADES OF THE SOFTWARE WILL BE PROVIDED.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE Provider, OR ITS EMPLOYEES, SUPPLIERS OR RESELLERS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, EITHER JOINTLY OR SEVERALLY, EXCEED THE AMOUNT PAID BY YOU TO THE Provider OR ITS RESELLERS IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
DUE TO THE FACT THAT SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE RECIPIENT
Munich, October 15., 2007, Ronald Grindle Softwareentwicklung