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Terms and Conditions ... Umowa licencyjna użytkownika końcowego oprogramowania

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.


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 OF DIGITAL RIVER GMBH
Return and Refund Policy
Allgemeine Geschäftsbedingungen ("AGB") (German)