Software End User License Agreement (EULA)
Arclab Software OHG
gavel 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 OHG (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 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 OR LICENSE KEY 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, LICENSE KEY 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. LICENSE ACTIVATION:
THE LICENSE IS ACTIVATED BY ENTERING THE LICENSE KEY INTO THE PROGRAM. TO ACTIVATE
AND CHECK THE LICENSE, THE LICENSE KEY AND A COMPUTER-SPECIFIC, ANONYMOUS AND
NON-REVERSIBLE CHECKSUM WILL BE TRANSMITTED TO THE COMPANY. THE NUMBER OF ACTIVATIONS
ON INDIVIDUAL COMPUTERS MAY NOT EXCEED THE NUMBER OF LICENSES PURCHASED. THE
ACTIVATION ON A SECOND COMPUTER E.G. NOTEBOOK IS PERMITTED IF THE SOFTWARE IS
NOT USED ON BOTH COMPUTERS AT THE SAME TIME AND IS NOT BEING USED BY ANOTHER
PERSON AT THE SAME TIME. IN CASE OF MISUSE, ACTIVATION OF THE LICENSE IS NOT
POSSIBLE OR MAY VOID THE VALIDITY OF THE LICENSE KEY. IF THE LICENSE CANNOT
BE ACTIVATED BY ENTERING THE LICENSE KEY, IT IS YOUR RESPONSIBILITY TO CONTACT
THE COMPANY. IN THE EVENT OF A BREACH OF OBLIGATION BY YOU E.G. FAILURE TO PAY
THE INVOICE, THE COMPANY RESERVES THE RIGHT TO SUSPEND THE LICENSE TEMPORARILY
OR DISABLE IT UNTIL TERMINATION OF THE BREACH OF OBLIGATION.
6. 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.
7. 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, LICENSE KEY 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.
8. TEST VERSION: THE COMPANY OFFERS A FULLY FUNCTIONAL FREE, EVALUATION,
DOWNLOAD VERSION FOR POTENTIAL CUSTOMERS TO "TRY BEFORE YOU BUY". THEREFORE,
IT IS ASSUMED THAT WHEN YOU PURCHASE A SOFTWARE LICENSE FROM US, YOU ARE SATISFIED
WITH THE PROGRAM'S FEATURES AND FUNCTIONALITIES, SO THAT NO REFUND (RETURN)
REQUEST WOULD THEREFORE BE REQUESTED BY YOU ON SUCH BASIS. IF YOU PURCHASE THE
SOFTWARE ONLINE, THE REFUND POLICY IS OFFERED AT THE DISCRETION OF THE COMPANY
ONLY. ELECTRONIC SOFTWARE DOWNLOADS AND LICENSE KEYS CAN NOT BE RETURNED.
9. PRIVACY AND DATA PROTECTION: YOU ARE RESPONSIBLE FOR COMPLIANCE WITH
LEGAL REGULATIONS REGARDING DATA PROTECTION AS WELL AS THE TRANSFER, STORAGE
AND PROCESSING OF PERSONAL DATA.
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.
gavel 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:
- IF YOU HAVE PURCHASED THE SOFTWARE PRODUCT FROM MYCOMMERCE (DIGITAL RIVER GMBH), THEN DIGITAL RIVER GMBH IS THE SELLER OF THE SOFTWARE PRODUCT AND YOUR CONTRACTUAL PARTNER. SEE TERMS AND CONDITIONS ("Conditions") open_in_new OF DIGITAL RIVER GMBH
- Return and Refund Policy
- Allgemeine Geschäftsbedingungen ("AGB") (German)