END USER LICENSE AGREEMENT for the software product:
IMPORTANT
- READ CAREFULLY BEFORE PROCEEDING:
This
End-User License Agreement ("EULA") is a legal agreement between you
(either an individual or a single entity) and centeractive ag
("centeractive"), Switzerland, for the centeractive software product
identified above, which includes computer software and may include
associated media, printed materials, and "online" or electronic
documentation ("Software"). By installing, copying, or otherwise using
any version of the Software, you agree to be bound by the terms of
this EULA. If you do not agree to the terms of this EULA, do not
install, register or use the Software.
GRANT
OF LICENSE
This
is not free software. Subject to the terms below, you are hereby
licensed to use OpenSphere
2 ("Software") without charge for an unlimited period.
RESTRICTION
Except
as otherwise expressly permitted in this EULA, you may not: (i) modify
or create any derivative works of the Software or documentation,
including translation or localization; (ii) decrypt, decompile,
disassemble, reverse engineer, or otherwise attempt to derive the
source code for the Software (except to the extent applicable laws
specifically prohibit such restriction); (iii) redistribute, encumber,
sell, rent, lease, sublicense, or otherwise transfer rights to the
Software; or (iv) remove or alter any trademark, logo, copyright or
other proprietary notices, legends, symbols or labels in the Software.
COPYRIGHT
Title,
ownership rights, and intellectual property rights in the Software
shall remain in centeractive. You acknowledge such ownership and
intellectual property rights and you will not take any action to
jeopardize, limit or interfere in any manner with centeractive
ownership of or rights with respect to the Software. The Software is
protected by copyright and other intellectual property laws and by
international treaties.
LIMITATION
OF SUPPORT
If
you are using the Software free of charge under the terms of this
agreement, you are not entitled to support or telephone assistance.
DISCLAIMER
OF WARRANTY
THE
SOFTWARE IS PROVIDED FREE OF CHARGE, AND, THEREFORE, ON AN "AS IS"
BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE
WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU. SHOULD
THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU AND NOT centeractive
OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE
AND REPAIR.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
EULA. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.
LIMITATION
OF LIABILITY
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
centeractive OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR
EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS
BASED. IN ANY CASE, centeractive'S
ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT
EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS
LICENSE (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY
CAUSED BY THE NEGLIGENCE OF centeractive TO THE EXTENT APPLICABLE LAW
PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE
APPLICABLE.
HIGH
RISK ACTIVITIES
The
Software is not fault-tolerant and is not designed, manufactured or
intended for use or resale as on-line control equipment in hazardous
environments requiring fail-safe performance, such as in the operation
of nuclear facilities, aircraft navigation or communication systems,
air traffic control, direct life support machines, or weapons systems,
in which the failure of the Software could lead directly to death,
personal injury, or severe physical or environmental damage ("High
Risk Activities"). centeractive
and its suppliers specifically disclaim any express or implied
warranty of fitness for High Risk Activities.
THIRD
PARTY SOFTWARE
The
Software may contain third party software that requires and/or
additional terms and conditions. Such required third party software
notices and/or additional terms and conditions are located at
http://www.centeractive.com/thirdparty/index.html and are made a part
of and incorporated by reference into this EULA. By accepting this
EULA, You are also accepting the additional terms and conditions, if
any, forth therein.
TERMINATION
This
EULA is effective until terminated. You may terminate this EULA at any
time by destroying all copies of the Software. This EULA will
terminate immediately without notice if you fail to comply with any
provision of this EULA. centeractive
may terminate this EULA any time by issuing notice of termination.
Upon termination, you must destroy all copies of the Software.
COMPLETE
AGREEMENT
This
EULA constitutes the entire agreement between the parties with respect
to the use of the Software and supersedes all prior or contemporaneous
understandings regarding such subject matter. No amendment to or
modification of this license will be binding unless in writing and
signed by centeractive.
GOVERNING
LAW AND SEVERABILITY
This
EULA will be governed by and construed in accordance with Swiss law
and both parties submit to the exclusive jurisdiction of the Court of
the Canton of Berne, Switzerland. If for any reason a court of
competent jurisdiction finds any provision, or portion thereof, to be
unenforceable, the remainder of this EULA shall continue in full force
and effect.