SOFTWARE USER LICENSE AGREEMENT
This document is an agreement between you, the end user of the
software (the “Software”), and Angelbird Technologies GmbH
(“Angelbird”), having its place of business at Steinebach 18,
6850 Dornbirn, Vorarlberg – Austria.
BY INSTALLING THE SOFTWARE DRIVERS YOU ARE BOUND BY THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS LICENSE AGREEMENT,
PLEASE DO NOT PROCEED FURTHER.
You agree to use the Software only in accordance with the terms and
conditions set out below.
Ownership and Copyright: All right, title and interest in the Software
and its documentation is owned by Angelbird (or its third party
suppliers or subsidiary or affiliated companies). Angelbird (or its
third party suppliers or subsidiary or affiliated companies) shall at
all times retain all copyright and other intellectual property rights
in the Software and its documentation and all subsequent copies
thereof regardless of form. Except as expressly provided herein, no
license or right, express or implied, is hereby conveyed or granted by
Angelbird to you for any intellectual property of Angelbird and its
licensors. You shall not modify, remove or delete a copyright notice
of Angelbird and/or its licensors contained in the Software or its
documentation, including any copy thereof.
Licence: Your licence to use the Software is non-exclusive and, save
as expressly stated in this Agreement, non-transferable. You are
permitted to: (1) use one copy of the Software (“use” shall mean
storing, loading, installing, executing or displaying the software)
for your own internal purposes; (2) make a reasonable number of
back-up copies of the Software in support of the permitted use,
provided that all such copies include the Angelbird copyright notice
as it appears in the original copy of the Software provided to you;
(3) transfer the Software and the benefit of this Agreement to another
person, provided that this person has agreed to accept the terms of
this Agreement and you cease all use of the Software, transfer all
copies of the Software you have made to that person or destroy all
copies not transferred. If any transferee does not accept such terms
then this Agreement automatically terminates.
You are not permitted to: (1) rent, lease, sub-license, loan, sell,
assign, convey, transfer, copy, modify, adapt, merge, translate,
convert to another programming language, reverse-engineer, decompile,
modify, alter, disassemble or create derivative works based on the
whole or any part of the Software or its related documentation, and
not to have any third party to do so, or use the Software, or let any
third party use the Software or its related documentation except as
expressly permitted by this Agreement and save to the extent and in
the circumstances expressly permitted by law; (2) reproduce or deal in
the Software or any part thereof, or allow any third party to
reproduce or deal in the Software or any part thereof, in any way,
except as expressly permitted by this Agreement and save to the extent
and in the circumstances expressly permitted by law.
Export restriction: You agree not to send or bring the Software or its
documentation out of the country where you originally obtained it to
other countries without any required authorization of the applicable
governments. You agree to comply with all export laws and restrictions
and regulations of the country(ies) involved, as well as with the U.S.
Export Administration Regulations (“EAR”), and not to export or
re-export, directly or indirectly, the Software in violation of such
laws, restrictions and regulations, or without all necessary
approvals.
Term and Termination: This Agreement is effective upon your acceptance
hereof by the action to indicate your acceptance or by using the
software and shall continue in effect until terminated. You may
terminate this Agreement by destroying the Software and its
documentation including any and all copies. This Agreement may also be
terminated if you fail to comply with any of its terms and conditions.
Upon termination for whatever reason, in addition to Angelbird
enforcing its respective legal rights, you shall immediately destroy
all copies of the Software and its documentation including any
Software stored on the hard disk of any computer in your possession,
power or control.
Support and update: Angelbird, Angelbird subsidiaries or affiliates,
their distributors and dealers are not responsible for maintaining or
helping you to use the Software or its documentation. No updates,
fixes or support will be made available for the Software or its
documentation.
LIMITED WARRANTY: THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OR
CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS AS TO QUALITY AND/OR
FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE
DEFECTIVE, YOU (AND NOT ANGELBIRD, ANGELBIRDS SUBSIDIARIES AND
AFFILIATES, THEIR DISTRIBUTORS AND DEALERS) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES OR LEGAL
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
ANGELBIRD, ANGELBIRD SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS
AND DEALERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
THE EXPRESS TERMS OF THIS AGREEMENT ARE IN LIEU OF ALL WARRANTIES,
CONDITIONS, REPRESENTATIONS (OTHER THAN FRAUDULENT REPRESENTATIONS),
UNDERTAKINGS, TERMS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW,
TRADE USAGE, COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE HEREBY
EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY: IN NO EVENT SHALL EITHER ANGELBIRD, ANGELBIRD
SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS OR DEALERS OR ANGELBIRD
LICENSORS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL SPECIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION
OR LOSS OF BUSINESS INFORMATION), WHETHER OR NOT ANGELBIRD, ANGELBIRD
SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS OR DEALERS OR ANGELBIRD
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANGELBIRD’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED AN AMOUNT
EQUAL TO THE PRICE OF THE Angelbird PRODUCT FOR WHICH THE SOFTWARE IS
DESIGNED, PAID BY YOU, OR IF THE SOFTWARE IS NOT DESIGNED FOR A
SPECIFIC ANGELBIRD PRODUCT, AN AMOUNT EQUAL TO THE PRICE FOR THE
SOFTWARE PAID BY YOU.
NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE ANGELBIRD’S LIABILITY
TO YOU FOR DAMAGES ARISING OUT OF DEATH OR BODILY INJURY OR FOR
DAMAGES CAUSED BY ANGELBIRD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER.
General: This Agreement constitutes the entire agreement between you
and Angelbird with respect to the Software and supersedes any prior
oral or written representations, agreements or understandings with
respect to the Software. Neither party shall have any remedy in
respect of any statement made to it upon which it relied in entering
into this Agreement (unless such statement was made fraudulently) and
that party’s only remedy shall be for breach of contract as provided
for in this Agreement.
If at any time any part of this Agreement is found by a court of
competent jurisdiction to be wholly or partly illegal, invalid or
unenforceable in any respect under the law of any jurisdiction that
fact shall not affect or impair the legality, validity or
enforceability of any other provision of this Agreement.
The failure or delay of Angelbird in exercising any right, power or
remedy under this Agreement shall not in any circumstance operate as a
waiver of such right, power or remedy.
No variation to this Agreement shall be effective unless in writing
and signed by an authorised representative of Angelbird.
Third Party Beneficiary: Rights of Angelbird pursuant to this
agreement will in general also be rights of Affiliates unless
expressly stated otherwise.
Law: This Agreement shall be governed and interpreted in accordance
with Austrian Law. All disputes between the parties which may arise
from this Agreement will be resolved exclusively by the District Court
of Lustenau, Vorarlberg, Austria.
OTHER LICENSE TERMS: WHEN YOU INSTALL THE SOFTWARE YOU MAY BE REQUIRED
TO ACCEPT ANOTHER END USER LICENSE AGREEMENT WHICH CORRESPONDS TO THE
SPECIFIC SOFTWARE YOU ARE INSTALLING. IN SUCH CASE YOU WILL NEED TO
ACCEPT SUCH END USER LICENSE AGREEMENT IN ORDER TO BE ABLE TO USE THE
SOFTWARE. IF YOU DO NOT ACCEPT SUCH END USER LICENSE AGREEMENT YOU
WILL NOT HAVE THE RIGHT TO USE THE SOFTWARE. IN THE EVENT OF ANY
CONTRADICTION OR INCONSISTENCY BETWEEN THE TERMS OF SUCH END USER
LICENSE AGREEMENT AND THESE LICENSE TERMS, IN RESPECT OF THE SOFTWARE
YOU ARE INSTALLING, THE TERMS OF SUCH END USER LICENSE AGREEMENT SHALL
PREVAIL.
ACKNOWLEDGMENT: BY THE ACTION OF INDICATING YOUR ACCEPTANCE OR USING
THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,
UNDERSTOOD IT AND AGREED TO BE BOUND BY ITS TERMS AND CONDITIONS.
DISCLAIMER: ANGELBIRD TECHNOLOGIES GMBH MAKES NO GUARANTEES OF ANY
KIND WITH REGARD TO ANY PROGRAMS, FILES, DRIVERS OR ANY OTHER
MATERIALS CONTAINED ON OR DOWNLOADED FROM THIS, OR ANY OTHER,
ANGELBIRD SOFTWARE SITE. ALL SUCH PROGRAMS, FILES, DRIVERS AND OTHER
MATERIALS ARE SUPPLIED “AS IS.” ANGELBIRD DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. ANGELBIRD TECHNOLOGIES GMBH SHALL NOT BE HELD LIABLE
FOR ERRORS CONTAINED HEREIN, OR FOR LOST PROFITS, LOST OPPORTUNITIES,
CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED AS A RESULT OF ACTING ON
INFORMATION, OR THE OPERATION OF ANY SOFTWARE, INCLUDED IN THIS
SOFTWARE SITE. IF YOU DO NOT ACCEPT THE TERMS OF THIS DISCLAIMER, DO
NOT DOWNLOAD THE SOFTWARE.
Export restriction: You agree to comply with all export laws and
restrictions and regulations of the country(ies) involved, as well as
with the U.S. Export Administration Regulations (“EAR”), and not to
export or re-export, directly or indirectly, the Software in violation
of such laws, restrictions and regulations, or without all necessary
approvals.
