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License Agreements
Please read this Agreement carefully.
NOTICE TO USER: THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT
ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
End User Software License Agreement
This ECM engineering - Wilhelm Polmann End User Software License Agreement
accompanies ECM engineering software products and related explanatory written
materials ("Software"). The term "Software" shall also include any upgrades,
modified versions or updates of the Software licensed to you by ECM engineering
- Wilhelm Polmann. The term "Licensee" shall refer to the end user of the
Software.
ECM engineering - Wilhelm Polmann grants to you a nonexclusive, nontransferable
license to use the Software and Documentation, provided that you agree to the
following:
1. Use of ECM engineering Licensed Software:
You may install and use the Software on a single computer in a single location
on a non-removable hard disk. The Software is to be used only on the single
computer upon which it is installed. Installation requires an activation key to
be obtained as requested by the Software. After activation, you may make one
backup copy of the Software and restore it to the original computer and hard
drive without an additional activation key.
2. Restrictions on Use:
Use of the Software is limited to processing the work of the Licensee's own
business. Licensee is expressly forbidden to cause or permit disclosure, display,
loan, publication, transfer of possession (whether by sale, exchange, gift,
operation of law or otherwise), sublicensing, rental or other dissemination or
use of the Software, in whole or in part, to or for any other subsidiary or
third party.
3. Transfer:
You may not transfer, rent, lease, sublicense or lend the Software or
Documentation without written authorization from ECM engineering - Wilhelm
Polmann.
4. Limited Warranty:
ECM engineering - Wilhelm Polmann warrants to you that the Software will perform
substantially in accordance with the Documentation for the thirty (30) day
period following your receipt of the Software. To make a warranty claim, you
must notify ECM engineering - Wilhelm Polmann within such thirty (30) day period.
If the Software does not perform substantially in accordance with the
Documentation, the entire and exclusive liability and remedy shall be limited to
either, at ECM engineering - Wilhelm Polmann's, option, the replacement of the
Software or the refund of the license fee you paid for the Software.
5.
ECM engineering - Wilhelm Polmann AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT
THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION.
THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ECM Engineering OR ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ECM engineering - Wilhelm Polmann AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR
IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR
FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ECM engineering - Wilhelm
Polmann OR
ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL
DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A ECM engineering
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY THIRD PARTY.
6. Governing Law and General Provisions:
This Agreement will be governed by the laws in force of Germany excluding the
application of its conflicts of law rules. This Agreement will not be governed
by the United Nations Convention on Contracts for the International Sale of
Goods, the application of which is expressly excluded. If any part of this
Agreement is found void and unenforceable, it will not affect the validity of
the balance of the Agreement, which shall remain valid and enforceable according
to its terms. This Agreement shall automatically terminate upon failure by you
to comply with its terms. This Agreement may only be modified in writing signed
by an authorized officer of ECM engineering.
ECM engineering - Wilhelm Polmann, Raiffeisenstr. 17, 87739 Breitenbrunn -
Germany.
Copyright by ECM engineering - Wilhelm Polmann
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