Object: ARCHIWARE SOFTWARE comprising Archiware Pure and Archiware P5 Software Suite - hereinafter called "SOFTWARE PRODUCT"
Between: Archiware GmbH, 80331 Munich, Germany, hereinafter called "ARCHIWARE"
and: Licensee (end-user, either individual or a single entity)
Subject: Installation, Usage and Replication of the SOFTWARE PRODUCT
IMPORTANT: READ CAREFULLY BEFORE INSTALLING AND SETTING THIS SOFTWARE TO USE:
This ARCHIWARE End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and ARCHIWARE for the ARCHIWARE software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the SOFTWARE PRODUCT and the SOFTWARE PRODUCT LICENSE. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
NOTICE: This EULA does not give you any rights to install or use other ARCHIWARE software. You must acquire separate licenses to obtain such rights.
1. THIRD PARTY PROGRAMS
This Licensed SOFTWARE PRODUCT may contain third party software programs (“THIRD PARTY PROGRAMS”) that are available under open source or free software licenses. This License Agreement does not alter any rights or obligations you may have under those open source or free software licenses. Notwithstanding anything to the contrary contained in such licenses, the disclaimer of warranties and the limitation of liability provisions in this License Agreement shall apply to such THIRD PARTY PROGRAMS.
2. GRANT OF LICENSE
This EULA grants you the following rights:
a) Software Product. ARCHIWARE grants to you as an individual, a personal, nonexclusive and limited license to install and use the SOFTWARE PRODUCT on computers that you use to exchange data and software with digital electronic devices running legally licensed appropriate operating systems.
b) Electronic Documents. Solely with respect to electronic documents included with the SOFTWARE PRODUCT, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies are not republished or distributed to any third party.
3. EVALUATION LICENSE
If you are licensing the SOFTWARE PRODUCT for evaluation purposes, your use of the SOFTWARE PRODUCT is only permitted in a non-production and non-commercial environment and for the period limited by the expiration date. The Evaluation License is granted for the sole purpose of testing the SOFTWARE PRODUCT and determining its fitness and suitability for your specific purposes before purchasing a commercial license. Notwithstanding any other provision in this EULA, an Evaluation License of the SOFTWARE PRODUCT is provided “AS-IS” without indemnification, support or warranty of any kind, expressed or implied.
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
a) Copyrights. You must maintain all copyright notices on all copies of the SOFTWARE PRODUCT.
b) Limitations on Reverse-Engineering, Decompilation, and Disassembly. You may not reverse-engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
c) Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
d) Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
e) Termination. Without prejudice to any other rights, ARCHIWARE may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
f) Support Services. ARCHIWARE may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the ARCHIWARE policies and programs described in the user manual, in "online" documentation, and/or in other ARCHIWARE-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to ARCHIWARE as part of the Support Services, ARCHIWARE may use such information for its business purposes, including for product support and development. ARCHIWARE will not utilize such technical information in a form that personally identifies you.
ARCHIWARE warrants that the Licensed SOFTWARE PRODUCT, as delivered by ARCHIWARE and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed SOFTWARE PRODUCT does not comply with this warranty and such non-compliance is reported by you to ARCHIWARE within the ninety (90) day warranty period, ARCHIWARE will do one of the following, selected at ARCHIWARE’S reasonable discretion: either (i) repair the Licensed SOFTWARE PRODUCT, (ii) replace the Licensed SOFTWARE PRODUCT with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed SOFTWARE PRODUCT. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR ARCHIWARE’S BREACH OF THIS WARRANTY.
6. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, the warranties set forth in section 5 are your exclusive warranties and are in lieu of all other warranties, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement of intellectual property rights. ARCHIWARE and its suppliers provide the SOFTWARE PRODUCT and any (if any) support services related to the SOFTWARE PRODUCT ("Support Services") AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. This limited warranty does not apply if the SOFTWARE PRODUCT, (i) has been altered, except by ARCHIWARE or its authorized representative, (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by ARCHIWARE, (iii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; or (iv) is licensed for beta, evaluation, testing training, demonstration or similar purposes; or (v) in case of breach of the terms and conditions in this Agreement. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
7. EXCLUSION OF INCIDENTAL,CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARCHIWARE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ARCHIWARE OR ANY SUPPLIER, AND EVEN IF ARCHIWARE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. LIMITATION OF LIABILITY AND REMEDIES
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of ARCHIWARE and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or 5 EUR. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Without prejudice to any other rights, ARCHIWARE may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
All rights, title, and copyrights in and to the SOFTWARE PRODUCT (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT are owned by ARCHIWARE or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions.
Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material, except that you may either
(a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes, or
(b) install the SOFTWARE PRODUCT on a single computer, provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
11. EXPORT RESTRICTIONS
You acknowledge that the SOFTWARE PRODUCT is subject to European Union and U. S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCT, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
12. GOVERNING LAW AND MISCELLANEOUS
If you acquired the SOFTWARE in Germany, the laws of the Federative Republic of Germany will apply to this contract. If you acquired this SOFTWARE outside of Germany, then local law may apply. This License Agreement remains instate, should any of its parts or terms be legally inapplicable. This is to be ruled by the governing court and the non-applying terms substituted by most appropriate to maintain their best commercial purpose.
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– Software Development and Distribution