Visual Localize (NET) 6

EULA - End User License Agreement

Visual Localize End-User License Agreement
Please read this End-User License Agreement carefully before you install and register the
software or any additional material. BY USING ALL OR ANY PORTION OF THE Visual
Localize SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS
OF THIS AGREEMENT
1) License Grant. This Agreement constitutes a legally binding agreement between you (either
an individual or a single entity) (Customer) and AIT AG (AIT), for the Software and any
and all associated media, printed materials, and online or electronic documentation
(collectively, the Product). This Agreement permits Customer to install and use only one (1)
copy of the Product at a time (in object code format only), on only one (1) workstation,
terminal or other device (a Workstation Computer), solely for Customers internal business
purposes. If Customer has purchased multiple licenses for the Product, then at any time
Customer may have as many copies of the Product in use on a Workstation Computer as
Customer has licenses; provided, however, that the total number of users (not the concurrent
number of users) that are permitted to use the Product shall not exceed the number of
licenses. The Product is in use on a Workstation Computer when it is loaded into the
temporary memory (RAM), or installed into the permanent memory (hard drive, CD-ROM, or
other storage device) of that Workstation Computer.
2) Ownership. AIT retains all right, title and interest in and to the Product, including all
intellectual property rights therein. Therefore, Customer may not use, copy or distribute the
Product without AITs authorization, except that Customer may make one (1) copy of the
Product solely for backup or archival purposes. Customer may not copy the printed materials
accompanying the Product, nor print copies of any user documentation provided in online or
electronic format.
3) Conditions for the software license. To license the software application Visual Localize it
is necessary to install the software on a computer. The license from Visual Localize is
systembound; this means that the software will be bound to a special computer on which the
software was installed and registered. However it is possible that the software license is
transfered (exported) to another computer from the customer. This process can be done
exempt from charges as often as necessary but is subjected to this end-user license
agreement.
IMPORTANT NOTE: BEFORE CHANGING YOUR HARDWARE OR REINSTALLING /
CHANGING YOUR OPERATING SYSTEM (e.g before installing an update / service pack
for your operating system or installing a patch, changing your complete operating
system, or installing new hardware,...) MAKE SURE TO "TERMINATE THE LICENSE" or
EXPORT THE LICENSE TO ANOTHER COMPUTER FIRST. NOT CONSIDERING THIS
HANDLING CAN LEAD TO A LOSS OF YOUR SOFTWARE LICENSE! Termination of your
license: If you terminate your Visual Localize license, a termination key will be displayed
and written into a file called terminate.txt. Please send this termination key to AIT for beeing
validated. After receiving a valid termination key from the end-customer and a corresponding
new license request email, AIT will send a new and equivalent license free of charge.
4) Other Restrictions. Except as expressly authorized herein: a) Customer shall not
modify, copy or adapt the Product; merge the Product into another program; reverse
engineer, disassemble, decompile, or otherwise attempt to derive source code from the
Product (except to the extent the foregoing restriction is expressly prohibited by applicable
law); or place the Product onto a server, or combine the Product with any software or
hardware, so that it becomes accessible (directly or indirectly) by means of a public (such as
the Internet) or a private network;
b) Customer shall not under any circumstances, remove or alter copyright notices,
registration numbers, or other features serving to identify the Product.
c) Customer shall not hire out the Product (or any part thereof) to any third party for
commercial purposes or for service bureau use.
d) Customer shall not transfer, sublicense, rent, lease, loan, or otherwise indirectly (such as
by consignment) any portion of the Product to any third party.
e) Customer shall not transfer the Product to any third party, if Customer knows or has
reason to know that the third party will violate any term or condition of this Agreement.
Any use of the Product (or any part thereof) in violation of this Agreement shall entitle AIT to
all rights and remedies available to it at law or in equity, including (without limitation)
monetary damages and equitable relief.
5) License Transfers. Customer may move the Product to a different Workstation Computer
via the license export functionality (Menu Help > About Visual Localize... > button Export
license...). If Customer is the initial user of the Product, Customer may make a one-time
transfer of Customers rights to use the Product to a third party; provided, however, that
Customer shall (a) transfer the Product (including the program itself, the user documentation,
and any other associated materials, and all updates and prior versions thereof), (b) not retain
any copy of the foregoing in any format (including, without limitation, any copy in a
computers temporary memory (RAM), or permanent memory (hard drive, CD-ROM, or other
storage device), and (c) inform AIT immediately in writing of the name and full address of
such third party. Immediately upon delivery of the Product to a third party, (i) such third party
shall be required to be legally bound by the terms and conditions of this Agreement and (ii)
Customers right to use the Product (and all Customers other rights hereunder) shall expire.
6) No Warranty. The Software is being delivered to you "AS IS" and AIT makes no warranty as
to its use or performance. AIT AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT
THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.
EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE
EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY
LAW APPLICABLE TO YOU IN YOUR JURISDICTION, AIT AND ITS SUPPLIERS MAKE
NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR
IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE)
AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF
THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY,
OR FITNES FOR ANY PARTICULAR PURPOSE. The provisions of Section 6 and Section 7
shall survive the termination of this Agreement, howsoever caused, but this shall not imply or
create any continued right to Use the Software after termination of this Agreement.
7) LIMITATION OF LIABILITY. IN NO EVENT WILL AIT OR ITS SUPPLIERS BE LIABLE TO
YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY
CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR
LOST SAVINGS, EVEN IF AN AIT REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY
ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE
EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. AITS
AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION
WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE
SOFTWARE, IF ANY. Nothing contained in this Agreement limits AITs liability to you in the
event of death or personal injury resulting from AITs negligence or for the tort of deceit
(fraud). AIT is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or
limiting obligations, warranties and liability as provided in this Agreement, but in no other
respects and for no other purpose. For further information, please see the jurisdiction specific
information at the end of this Agreement, if any, or contact AIT s Customer Support
Department.
8) Loss of the software license. The breach of condition for the software license (see section
3) can lead to a loss of your license. For the re-creation of a substitute license a handling fee
of 102.00 (plus taxes) can be charged.
9) General Provisions. If any part of this Agreement is found void and unenforceable, it will not
affect the validity of the balance of this Agreement, which shall remain valid and enforceable
according to its terms. This Agreement may only be modified by a writing signed by an
authorized officer of AIT. Updates may be licensed to you by AIT with additional or different
terms. This is the entire agreement between AIT and you relating to the Software and it
supersedes any prior representations, discussions, undertakings, communications or
advertising relating to the Software.
10) Governing Law. This Agreement will be governed by and construed in accordance with the
substantive laws in force in Germany if a license to the Software is purchased when you are
in this or any other jurisdiction. The respective courts of Germany competent for our seat
shall have jurisdiction over all disputes relating to this Agreement. This Agreement will not be
governed by the conflict of law rules of any jurisdiction or the United Nations Convention on
Contracts for the International Sale of Goods, the application of which is expressly excluded.
11) Specific Exceptions
11.1) Warranty for Users Residing in Germany or Austria. If you obtained the Software in
Germany or Austria, and you usually reside in such country, then Section 6 does not
apply, instead, AIT warrants that the Software provides the functionalities set forth in the
Documentation (the "agreed upon functionalities") for the limited warranty period
following receipt of the Software when used on the recommended hardware
configuration. As used in this Section, "limited warranty period" means one (1) year if you
are a business user and two (2) years if you are not a business user. Non-substantial
variation from the agreed upon functionalities shall not be considered and does not
establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO
SOFTWARE PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES,
PRE-RELEASE, TRYOUT, PRODUCT SAMPLER, NOT FOR RESALE (NFR) COPIES
OF SOFTWARE, OR SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE
EXTENT SUCH ALTERATIONS CAUSED A DEFECT. To make a warranty claim, during
the warranty period you must return, at our expense, the Software and proof of purchase
to the location where you obtained it. If the functionalities of the Software vary
substantially from the agreed upon functionalities, AIT is entitled -- by way of reperformance
and at its own discretion -- to repair or replace the Software. If this fails, you
are entitled to a reduction of the purchase price (reduction) or to cancel the purchase
agreement (rescission) and/or to claim damages pursuant to sec.11.2. For further
warranty information, please contact AITs Customer Support Department
11.2) Limitation of Liability for Users Residing in Germany and Austria.
11.2.1) If you obtained the Software in Germany or Austria, and you usually reside in such
country, then Section 7 does not apply, Instead, subject to the provisions in Section
11.2.2, AIT's statutory liability for damages shall be limited as follows: (i) AIT shall be
liable only up to the amount of damages as typically foreseeable at the time of entering
into the purchase agreement in respect of damages caused by a slightly negligent breach
of a material contractual obligation and (ii) AIT shall not be liable for damages caused by
a slightly negligent breach of a non-material contractual obligation.
11.2.2) The aforesaid limitation of liability shall not apply to any mandatory statutory liability,
in particular, to liability under the German Product Liability Act, liability for assuming a
specific guarantee or liability for culpably caused personal injuries.
11.2.3) You are required to take all reasonable measures to avoid and reduce damages, in
particular to make back-up copies of the Software and your computer data subject to the
provisions of this Agreement.
11.3) Pre-release Product Additional Terms. If the product you have received with this
license is pre-commercial release or beta Software ("Pre-release Software"), then the
following applies. To the extent that any provision in this Section is in conflict with any
other term or condition in this Agreement, this Section shall supercede such other term(s)
and condition(s) with respect to the Pre-release Software, but only to the extent
necessary to resolve the conflict. You acknowledge that the Software is a pre-release
version, does not represent final product from AIT, and may contain bugs, errors and
other problems that could cause system or other failures and data loss. Consequently,
the Pre-release Software is provided to you "AS-IS", and AIT disclaims any warranty or
liability obligations to you of any kind. You acknowledge that AIT has not promised or
guaranteed to you that Pre-release Software will be announced or made available to
anyone in the future, AIT has no express or implied obligation to you to announce or
introduce the Pre-release Software and that AIT may not introduce a product similar to or
compatible with the Pre-release Software. Accordingly, you acknowledge that any
research or development that you perform regarding the Pre-release Software or any
product associated with the Pre-release Software is done entirely at your own risk. During
the term of this Agreement, if requested by AIT, you will provide feedback to AIT
regarding testing and use of the Pre-release Software, including error or bug reports. If
you have been provided the Pre-release Software pursuant to a separate written
agreement, such as the AIT Agreement for Unreleased Products, your use of the
Software is also governed by such agreement. You agree that you may not and certify
that you will not sublicense, lease, loan, rent, assign or transfer the Pre-release Software.
Upon receipt of a later unreleased version of the Pre-release Software or release by AIT
of a publicly released commercial version of the Software, whether as a stand-alone
product or as part of a larger product, you agree to return or destroy all earlier Prerelease
Software received from AIT and to abide by the terms of the license agreement
for any such later versions of the Pre-release Software. Notwithstanding anything in this
Section to the contrary, if you are located outside the United States of America, you
agree that you will return or destroy all unreleased versions of the Pre-release Software
within thirty (30) days of the completion of your testing of the Software when such date is
earlier than the date for AIT's first commercial shipment of the publicly released
(commercial) Software.
If you have any questions regarding this Agreement or if you wish to request any
information from AIT please use the address and contact information included with this
product to contact the AIT office serving your jurisdiction.
Visual Localize is a registered trademark of AIT in Germany and/or other
countries.