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| Software License Agreement |
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Software License Agreement for
CONSIDEO MODELER, PROCESS MODELER, BI MODELER, FREEWARE,
EDUCATION EDITION, STARTER
Single Use License
IMPORTANT -- READ CAREFULLY: BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR
OTHERWISE USING ALL OR ANY PORTION OF THE CONSIDEO SOFTWARE YOU ACCEPT ALL THE TERMS
AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: 3.
RESTRICTIONS, 5. DISCLAIMER OF WARRANTIES, 6. LIMITATIONS OF LIABILITY. IF YOU DO NOT
AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL, COPY, DOWNLOAD, ACCESS OR USE THE
SOFTWARE, AND PROMPTLY RETURN IT TO YOUR PLACE OF PURCHASE FOR A REFUND.
YOU MAY OBTAIN A REFUND OF ANY AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE
SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS
OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE.
The software and documentation accompanying this License ("Software") are licensed, not sold, to you
by CONSIDEO GmbH (hereafter "CONSIDEO" or "Licenser") for use only under the terms of this
License, and CONSIDEO reserves any rights not expressly granted to you. You own the media on which
the Software is recorded or fixed, but CONSIDEO and its licensors retain ownership of the Software itself.
This License allows you as a licensed party to use the software under the terms and conditions of this
agreement. "Use" or "Using" means to access, install, download, copy or otherwise benefit from using
the functionality of the Software in accordance with the Documentation.
1. Definition
"Software" means all of the contents of the files, CD-ROM(s) or other media with which this Agreement is
provided, including but not limited to CONSIDEO or third party software information; related explanatory
written materials or files ("Documentation"); and fonts; and upgrades, modified versions, updates,
additions, and copies of the Software, if any, licensed to you by CONSIDEO.
2. Non-Exclusive License
(a) The licensed party may install and use only one copy of the Software on a single computer (PC) at a
time. In addition, the primary user of the computer on which the Software is installed may make a
second copy of the Software for his or her exclusive use on either a portable Computer or a Computer
located at his or her home, provided the Software on the portable or home Computer is not used at the
same time as the Software on the primary computer. As an express condition of this License, the
licensed party must reproduce on each copy any copyright notice and other proprietary notices that are
on the original copy supplied by CONSIDEO.
(b) The Software license may not be shared or used concurrently on different clients or computers –
including server use/internal network.
(c) Backup Copy. The licensed party may make one backup copy of the Software, provided the backup
copy is not installed or used on any computer. The licensed party may not transfer the rights to a backup
copy unless the licensed party transfer all rights in the Software.
(d) Upgrades and Updates. If the Software is licensed as an upgrade or update, then the licensed party
may only use the Software to replace a validly licensed version of the same software. The licensed party
agree that the upgrade or update does not constitute the granting of a second license to the Software
(i.e., the licensed party may not use the upgrade or update in addition to the software it is replacing, nor
may the licensed party transfer the software which is being replaced to a third party).
3. Restrictions
(a) THE LICENSED PARTY SHALL NOT MODIFY, ADAPT, COPY OR TRANSLATE THE SOFTWARE. THE
LICENSED PARTY SHALL NOT REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE
ATTEMPT TO DISCOVER THE SOURCE CODE OF THE SOFTWARE. THE LICENSED PARTY MAY NOT RENT,
LEASE, LOAN OR DISTRIBUTE THE SOFTWARE OR DERIVATIVE WORKS BASED UPON THE SOFTWARE
OR ANY PART THEREOF.
(b) SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT
MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO
DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
(c) THE LICENSED PARTY MAY NOT TRANSFER OR ASSIGN HIS RIGHTS UNDER THIS LICENSE TO
ANOTHER PARTY WITHOUT CONSIDEO’S PRIOR WRITTEN CONSENT.
(d) NFR (Not for Resale) Copies: Nowithstanding other sections of the License, CONSIDEO software
labeled or otherwise provided to the licensed party on a promotional basis may only be used for
demonstration, testing and evaluation purposes and may not be resold or transferred.
(e) The CONSIDEO EDUCATION EDITION is only for educational purposes (System Dynamics courses for
students) and may only be installed on single computers (PC) of a PC-Pool of the university. The
installation of the software on a private PC/Notebook is prohibited as well as the usage of the software by
staff members of the university for other purposes like research activities. The university is liable for all
kind of misuse of the software. In the event of a misuse, the university has to pay the full current
purchase price of the CONSIDEO MODELER for each of all already installed EDUCATION LICENCES.
4. Termination
This License is effective until terminated. This License will terminate automatically without notice from
CONSIDEO or judicial resolution if the licensed party fail to comply with any provision of this License.
Upon such termination the licensed party must destroy the Software, all accompanying written materials
and all copies thereof, and Sections 5-9 will survive any termination or cancellation of this License.
5. Limited Warranty
CONSIDEO warrants for a period of six months from your date of purchase that the Software as provided
by CONSIDEO will perform substantially in accordance with the accompanying documentation.
CONSIDEO’s entire liability and your sole and exclusive remedy for any breach of the foregoing limited
warranty will be, at CONSIDEO’s option, replacement of the Software, refund of the purchase price, or
repair or replacement of the Software which is returned to CONSIDEO or an authorized representative
with a copy of the receipt.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY CONSIDEO AND ITS LICENSORS
EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR
IMPLIED (WHETHER COLLATERALLY, BY STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY
AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING
WRITTEN MATERIALS.
FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
SOFTWARE OR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE.
CONSIDEO DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY CONSIDEO OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE
A WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. THE TERMS OF THIS DISCLAIMER AND THE LIMITED WARRANTY UNDER THIS SECTION 5 DO NOT
AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE
OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY
LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY CONSIDEO’S NEGLIGENCE.
6. No Warranty: Special case for the CONSIDEO FREEWARE/ EDUCATION EDITION
WITH RESPECT TO THE FREEWARE-STATUS OF THE FREEWARE AND OF THE EDUCATION EDITION THE
PARTIES AGREE ON THE EXCLUSION OF ANY WARRANTY. THE SOFTWARE IS BEING DELIVERED TO YOU
AS A LICENSED PARTY "AS IS" AND CONSIDEO MAKES NO WARRANTY AS TO ITS USE, THE ACHIEVED
RESULTS OR PERFORMANCE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CONSIDEO SOFTWARE IS AT YOUR
SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY
AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONSIDEO
SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.
CONSIDEO AND CONSIDEO´S LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH RESPECT TO THE CONSIDEO SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF
SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET
ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CONSIDEO DOES NOT WARRANT
AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE CONSIDEO SOFTWARE, THAT THE
FUNCTIONS CONTAINED IN THE CONSIDEO SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE
OPERATION OF THE CONSIDEO SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
DEFECTS IN THE CONSIDEO SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY CONSIDEO OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
SHOULD THE CONSIDEO SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A
CONSUMER.
7. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CONSIDEO BE LIABLE FOR PERONSAL
INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR OF PROFITS, LOSS OF DATA, BUSINESS
INTERRUPTION OR ANY OTHER COMMERICAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO
YOUR USE OR INABILITY TO USE THE CONSIDEO SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE
THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CONSIDEO OR AN AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED FO THE POSSIBLITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW
IN YOUR JURISDICTION. CONSIDEO´S 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.
8. Export Rules
You agree that the Software will not be shipped, transferred or exported into any country or used in any
manner prohibited by the United States Export Administration Act or any other export laws, restrictions
or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export
controlled items under the Export Laws, you represent and warrant that you are not a citizen, or
otherwise located within, an embargoed nation and that you are not otherwise prohibited under the
Export Laws from receiving the Software. All rights to Use the Software are granted on condition that
such rights are forfeited if you fail to comply with the terms of this Agreement.
9. Place of jurisdiction, place of performance and application of law
For all possible disputes with CONSIDEO from a business relation or its initiation – insofar legally
admissible – the head office of CONSIDEO is agreed upon as place of jurisdiction. The place of
performance is the head office of CONSIDEO.
10. Partial Ineffectiveness
1. Should individual items of these clauses be ineffective, this does not affect the effectiveness of the
other clauses. The ineffective clause is replaced by the valid clause which in its economic effect comes
closest to the clause which is not effective.
2. This Agreement will be governed by and construed in accordance with the laws of Germany.
Software License Agreement as a PDF-Document (about 54 kb). Date: 25th of May 2010 |
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