bestinformed 4.7.0.3

EULA - End User License Agreement

CORDAWARE-SOFTWARE LICENSE AGREEMENT FOR CORDAWARE Infoband PLEASE READ CAREFULLY! There are two license agreements, that you both must accept in order to test Cordaware Infoband. If you are using the registered version, only the second license agreement applies. Please read them carefully! Additional License Agreement only for the Evaluate Edition ---------------------------------------------------------- Evaluate Edition usage: You may use Infoband Evaluate Edition for a time of 10 days. License Agreement for Evaluate Edition and Registered Version ---------------------------------------- Agreement conditions to the utilization of Cordaware software is subsequently applicable to you, the end-user (hereafter referred to as 'licensee'). Through installing the delivered computer program on to an electronic processing unit you thereby consent to these agreement conditions. Therefore please carefully read the following text in full. You may not install the software should you not agree with these terms of contract. In this case send the disks and all other parts of the acquired product (inclusive of all written material, delivered hardware and packaging) back to us, without delay. The full cost of purchase is reimbursed. ALL SOFTWARE IS LICENSED, NOT SOLD. 1. Subject to the agreement This agreement concerns the computer program Cordaware Infoband the program description and operating instructions, and all other accompanying written material. These are referred to as software from here on. Cordaware would like to point out that, due to the state of technology, it is not possible to produce computer software than will function throughout employment and configurations without any errors at all. Therefore only software, that is used according to program description and instructions of use, is subject to this agreement. 2. Extent of use For the duration of this agreement Cordaware grants you the simple, not exclusive, personal right (referred to as 'license' in the following) to use the enclosed copy of Cordaware software on a single computer (i.e. with one individual central unit CPU), and in one place only. If the computer is a system for multiple users the right to use then applies to all its users. As licensee you may transfer substantial software (i.e. stored on a data carrier) from one computer to the other, yet on the condition that is wiped from the computer initially used. 3. Special restrictions The licensee is prohibited from: a) entrusting the software or the accompanying written material with a third party, or making it accessible for him/her without written approval from Cordaware, b) transferring the software from one computer to another via a net or data transferring channel, c) altering, translation, breaking down the development, decompiling or disassembling the software without former written permission from Crdaware, d) producing works resembling the software or duplicating written material, e) from translating or altering the program or creating versions of written material 4. Rights of Ownership With the purchase of this product you are only entitled to the possession of the substantial software data which the software is recorded on. This does not include the acquisition of rights to the software itself. Cordaware reserve the right to publicize, reproduce, alter or exploit the software. 5. Reproduction The software and accompanying written manual is protected by copyright. If the software does not include copy protection, its reproduction is only permitted when for security purposes. You are obliged to include the Cordaware copyright annotation with the security copy. No copyright statement or therein registration number from the software may be removed. The copy or reproduction of the software and its written accompaniment is strictly forbidden, be this in whole or part, in original or changed form, merged together with or enclosed in other software. 6. Transference of right to use The right to use the software can only be passed on to a third party with written consent from Cordaware and in accordance with the terms of this agreement. Giving the software away, hiring or lending it out is strictly forbidden. 7. Agreement validity This agreement is valid indefinitely. Should the licensee violate a condition of the agreement his/her right to use the software automatically lapses without prior notice. On the termination of the right to use (s)he is obliged to destroy the original disk as well as the copies (including those modified) of the software and written material. 8. Recovery of damages to the agreement Cordaware point out that you will be held liable for any violation of the copyright terms. 9. Updates Cordaware are entitled to up-date software at their own discretion. They are not obliged to make program up- dates available to those licensees who have not signed the registration, or nor paid the up-date fee. 10. Cordaware guarantee and liability a) Cordaware ensure the original licensee that the data carrier (disk or CD) which the software is recorded on and the accompanying hardware are free from defects when subject to normal operating conditions and looked after throughput performance. b) Should the data carrier (disk or CD) or accompanying hardware be faulty, the acquisitor can demand compensation delivery as long as the guarantee is valid, which it is up to 6 months post delivery. To do this the disk must be returned to either Cordaware or the dealer it was bought from, along with its possibility accompanying hardware, the security copy, written material and duplicate of the receipt/bill. c) If a fault, as defined in 10b, is not made good by replacement delivery within a reasonable length of time, the customer can either demand a reduction: the purchase price, or contract rescission. d) For the reasons mentioned above and in paragraph 1 Cordaware do not assume liability for errors made by the software. Cordaware take above all no responsibility for the software being sufficient for the acquisitor's demands and purposes, or for it working with other programs chosen by her/himself. The purchaser alone carries responsibility for the consequences of using the software, as well as for intended or achieved results. The same applies to written material accompanying the software. If the software cannot be used as defined in note 1 the purchaser has the right to countermand the agreement. Cordaware have the same right when the software serviceable, as defined in note 1, cannot be manufactured at affordable cost. e) Cordaware is not liable for damage unless it is caused with intent or by gross negligence on their part. Liability for gross negligence is impossible for those merchants. Liability for possible guaranteed features of Cordaware is not affected. Liability for damage caused by defectiveness not covered by the guarantee, is not possible. 11. Competency The right concerned in this agreement applies to the Federal Republic of Germany when the licensee is a qualified merchant. Be this the case, the competency of the regional and federal courts in Germany is understood. In the event of queries on the Cordaware-software license agreement, or if you would like to talk with Cordaware, please contact Cordaware, e-mail: info@cordaware.com, Internet: http://www.cordaware.com.