PRODYON END-USER LICENSE AGREEMENT
End-User License Agreement for Prodyon Software Please read this document carefully before installing any Prodyon Product. This agreement licenses software to you and contains warranty and liability disclaimers. 1) DEFINITIONS “EULA” means this end user license agreement. “Prodyon Product” means the software program itself and all related updates supplied by Prodyon. “Not for resale (NFR) Version” means a version of Prodyon Product, so identified, is intended for review and evaluation purposes, only. 2) LICENSE The “Prodyon Product” is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The “Prodyon Product” is licensed, not sold. This EULA grants you the rights as specified here below. All other actions and means of usage are reserved to the written permission of the right holder Prodyon. The “Prodyon Product” may be used only by you. You may install and use the “Prodyon Product”, or any prior version thereof for the same operating system, on up to five (5) computers, provided that (a) each computer is owned by (or leased to) and under the exclusive control of the licensee; (b) the program(s) shall NOT be used simultaneously on more than one machine, and (c) any computer(s) with Prodyon software installed shall not be sold, rented, leased, loaned or otherwise be removed from the licensee’s possession without first removing (uninstalling) the licensed software, except for “Software Transfer”. If you want to transfer a license, please contact Prodyon first. Storage/Network use: You may also store or install a copy of the “Prodyon Product” on a storage device, such as a network server, used only to install or run the “Prodyon Product” on your other computers over an internal network; however, you must acquire and dedicate a distinct license for each user of the “Prodyon Product” from the storage device. Any given license for the “Prodyon Product” may not be shared or used concurrently or otherwise on different computers or by different developers in a given organization. 3) AUTHORIZATION CODE The “Prodyon Product” only functions when you have authorized it. The “Prodyon Product” will be authorized by you using the given Authorization Code that you have received via E-Mail (if any). Once your product is authorized, you may use it. You agree to follow the authorization procedure and will provide true, accurate and complete information about yourself. If you provide any information that is untrue, inaccurate, not correct or incomplete, or Prodyon has reasonable grounds to suspect that such information is untrue, inaccurate, not correct or incomplete, Prodyon has the right to suspend or to revoke the license. The termination of the license shall be without prejudice to any rights, whatsoever, of Prodyon. 4) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the “Prodyon Product”, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation of components. The “Prodyon Product” is licensed as a single product. Its component parts may not be separated for use on more than one computer. Not for Resale Version. If the “Prodyon Product” is labeled “Not for Resale” or “NFR” or “Evaluation Copy”, then, notwithstanding other sections of this EULA, you may not sell, or otherwise transfer the “Prodyon Product”. Rental. You may not rent, lease, or lend the “Prodyon Product” to any party. Software Transfer. You may not transfer, license or sublicense your rights as Licensee of the software or any Prodyon product, as licensed to you under this agreement without prior written consent of the rights owner. The carrier on which the Prodyon product has been distributed may be transferred or otherwise made available to any third party only with the prior written consent of the rights owner and provided that (a) the original media and license(s) accompany the carrier and (b) the party transferring the media does not retain a copy of the media. 5) UPGRADES If the “Prodyon Product” is labeled or otherwise identified by Prodyon as an “upgrade”, you must be properly licensed to use a product identified by Prodyon as being eligible for the upgrade in order to use the “Prodyon Product”. An “Prodyon Product” labeled or otherwise identified by Prodyon as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the “Prodyon Product” is an upgrade of a component of a package of software programs that you licensed as a single product, the “Prodyon Product” may be used and transferred only as part of that single product package and may not be separated for use on more than one computer. 6) LIMITED WARRANTY Prodyon warrants to the original purchaser of the computer software product, for a period of ninety (90) days following the date of original purchase, that under normal use, the software program and the user documentation are free from defects that will materially interfere with the operation of the program as described in the enclosed user documentation (if any). 7) LIMITATIONS ON WARRANTY Prodyon warrants only that the program will perform as described on the website and/or in the user documentation. No other advertising, description or representation, whether made by a Prodyon dealer, distributor, agent or employee, shall be binding upon Prodyon or shall change the terms of this warranty. EXCEPT AS STATED ABOVE, PRODYON MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, REGARDING THIS PRODUCT. PRODYON DISCLAIMS ANY WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY SHALL BE LIMITED TO A NINETY (90) DAY DURATION OF THIS LIMITED EXPRESS WARRANTY AND IS OTHERWISE EXPRESSLY AND SPECIFICALLY DISCLAIMED. PRODYON SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, EVEN IF PRODYON IS ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT PRODYON SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE LOSS OF PROFITS OR REVENUES, OR FOR DAMAGES OR COSTS AS A RESULT OF LOSS OF TIME, DATA OR USE OF THE SOFTWARE, OR FROM ANY OTHER CAUSE EXCEPT THE ACTUAL COST OF THE PRODUCT. IN NO EVENT SHALL PRODYON LIABILITY EXCEED THE PURCHASE PRICE OF THIS PRODUCT. 8) CHOICE OF LAW You agree that any and all claims, suits or other disputes arising from your use of the software shall be determined in accordance with the laws of Germany, in the event Prodyon, is made a party thereto. 9) GENERAL This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to: PRODYON Dennis Lenz Griesingerstr. 13 13589 BERLIN GERMANY
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