Software End User License Agreement (EULA)
Terms and Conditions
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
BEFORE USING THIS SOFTWARE. THIS LEGAL DOCUMENT IS AN
AGREEMENT BETWEEN YOU AND ARCLAB SOFTWARE (THE
"COMPANY"). BY USING THIS SOFTWARE PACKAGE,
YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND
CONDITIONS, DO NOT INSTALL THE SOFTWARE PACKAGE.
1. GRANT OF LICENSE: IN CONSIDERATION OF YOUR PURCHASE
OF THIS SOFTWARE, AND YOUR AGREEMENT TO ABIDE BY THE
TERMS AND CONDITIONS OF THIS AGREEMENT, THE COMPANY
GRANTS TO YOU A NONEXCLUSIVE RIGHT TO USE AND DISPLAY
THE COPY OF THE SOFTWARE PROGRAM (HEREINAFTER THE
"SOFTWARE") ON A SINGLE COMPUTER (I.E., WITH A
SINGLE CPU) AT A SINGLE LOCATION SO LONG AS YOU COMPLY
WITH THE TERMS OF THIS AGREEMENT. THE COMPANY RESERVES
ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU UNDER THIS
AGREEMENT.
2. OWNERSHIP OF SOFTWARE: THE COMPANY AND THE SOFTWARE
DEVELOPERS RETAIN ALL THE RIGHTS, TITLE, AND OWNERSHIP
TO THE SOFTWARE RECORDED ON THE ORIGINAL MEDIA COPY(IES)
AND ALL SUBSEQUENT COPIES OF THE SOFTWARE, REGARDLESS OF
THE FORM OR MEDIA ON WHICH THE ORIGINAL OR OTHER COPIES
MAY EXIST. THIS LICENSE IS NOT A SALE OF THE ORIGINAL
SOFTWARE OR ANY COPY TO YOU.
3. COPY RESTRICTIONS: THIS SOFTWARE IS THE SUBJECT OF
COPYRIGHT. YOU MAY NOT COPY THE SOFTWARE, EXCEPT THAT
YOU MAY MAKE A SINGLE COPY OF THE SOFTWARE FOR BACKUP OR
ARCHIVAL PURPOSES ONLY. YOU MAY BE HELD LEGALLY
RESPONSIBLE FOR ANY COPYING OR COPYRIGHT INFRINGEMENT
WHICH IS CAUSED OR ENCOURAGED BY YOUR FAILURE TO ABIDE
BY THE TERMS OF THIS RESTRICTION.
4. USE RESTRICTIONS: YOU MAY NOT NETWORK THE SOFTWARE OR
OTHERWISE USE IT ON MORE THAN ONE COMPUTER OR COMPUTER
TERMINAL AT THE SAME TIME. YOU MAY PHYSICALLY TRANSFER
THE SOFTWARE FROM ONE COMPUTER TO ANOTHER PROVIDED THAT
THE SOFTWARE IS USED ON ONLY ONE COMPUTER AT A TIME. YOU
MAY NOT DISTRIBUTE COPIES OF THE SOFTWARE OR
DOCUMENTATION TO OTHERS. YOU MAY NOT REVERSE ENGINEER,
DISASSEMBLE, DECOMPILE, MODIFY, ADAPT, TRANSLATE, OR
CREATE DERIVATIVE WORKS BASED ON THE SOFTWARE OR THE
DOCUMENTATION WITHOUT THE PRIOR WRITTEN CONSENT OF THE
COMPANY.
5. TRANSFER RESTRICTIONS: THE SOFTWARE IS LICENSED ONLY
TO YOU AND MAY NOT BE TRANSFERRED TO ANY ONE ELSE
WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY. ANY
UNAUTHORIZED TRANSFER OF THE SOFTWARE SHALL RESULT IN
THE IMMEDIATE TERMINATION OF THIS AGREEMENT.
6. TERMINATION: THIS LICENSE IS EFFECTIVE UNTIL
TERMINATED. THIS LICENSE WILL TERMINATE AUTOMATICALLY
WITHOUT NOTICE FROM THE COMPANY AND BECOME NULL AND VOID
IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OR LIMITATIONS
OF THIS LICENSE. UPON TERMINATION, YOU SHALL DESTROY THE
DOCUMENTATION AND ALL COPIES OF THE SOFTWARE. ALL
PROVISIONS OF THIS AGREEMENT AS TO WARRANTIES,
LIMITATION OF LIABILITY, REMEDIES OR DAMAGES, AND OUR
OWNERSHIP RIGHTS SHALL SURVIVE TERMINATION.
WARNING: THIS PRODUCT IS LICENSED TO YOU PURSUANT TO THE
TERMS OF THE LICENSE AGREEMENT, AND IS PROTECTED BY
COPYRIGHT LAW AND INTERNATIONAL TREATIES. UNAUTHORIZED
REPRODUCTION OR DISTRIBUTION MAY RESULT IN SEVERE CIVIL
AND CRIMINAL PENALTIES, AND WILL BE PROSECUTED TO THE
MAXIMUM EXTENT POSSIBLE UNDER THE LAW.
Limited Warranty and Disclaimer of Warranty
THIS SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS
(INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, ARCLAB
SOFTWARE (THE "COMPANY") DOES NOT WARRANT,
GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE
USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR WRITTEN
MATERIALS IN TERMS OF CORRECTNESS, ACCURACY,
RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK
AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS
ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE
DEFECTIVE YOU, AND NOT THE COMPANY OR ITS DEALERS,
DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, THAT IS MADE BY THE COMPANY, ON THIS
PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY THE COMPANY, ITS DEALERS, DISTRIBUTORS, AGENTS OR
EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE
THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY
SUCH INFORMATION OR ADVICE.
NEITHER THE COMPANY NOR ANYONE ELSE WHO HAS BEEN
INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS
PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT
OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF THE
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
ACKNOWLEDGMENT
BY USING THIS PRODUCT YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS LIMITED WARRANTY, UNDERSTAND IT, AND AGREE TO BE
BOUND BY IT'S TERMS AND CONDITIONS. YOU ALSO AGREE THAT
THE LIMITED WARRANTY IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE
ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND
ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO
THE SUBJECT MATTER OF THE LIMITED WARRANTY.
See also: Allgemeine
Geschäftsbedingungen ("AGB") (German)
IF YOU HAVE PURCHASED THE SOFTWARE PRODUCT FROM
SHARE-IT (DIGITAL RIVER GMBH), THEN DIGITAL RIVER GMBH
IS THE SELLER OF THE SOFTWARE PRODUCT AND YOUR
CONTRACTUAL PARTNER.
See also: TERMS
AND CONDITIONS ("Conditions") OF DIGITAL RIVER
GMBH
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