» version 2.0.1 - posted on 2007-06-22
EULA - End User License Agreement
GENTLEWARE SINGLE USER LICENSE TERMS AND CONDITIONS
FOR Apollo for Eclipse
THE FOLLOWING TERMS AND CONDITIONS CREATE A SOFTWARE LICENSE AGREEMENT ("LICENSE AGREEMENT") BETWEEN GENTLEWARE AG (REFERRED TO AS "GENTLEWARE") AND THE INDIVIDUAL OR SINGLE ENTITY REFERRED TO HEREIN AS "YOU" OR "LICENSEE" FOR APOLLO FOR ECLIPSE (REFERRED TO HEREIN AS "SOFTWARE"). PLEASE READ THESE LICENSE TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. GENTLEWARE IS WILLING TO GRANT LICENSEE THE FOLLOWING LICENSE TO USE THE SOFTWARE ACCORDING TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ONLY ON THE CONDITION THAT LICENSEE ACCEPTS ALL TERMS AND CONDITIONS IN THIS LICENSE AGREEMENT.
BY CLICKING ON THE "ACCEPT" BUTTON, OR BY INSTALLING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS BELOW, GENTLEWARE IS UNWILLING TO LICENSE THE LICENSED SOFTWARE TO YOU, AND YOU SHOULD CLICK ON THE "DO NOT ACCEPT" BUTTON TO DISCONTINUE THE INSTALLATION PROCESS AND DESTROY ALL COPIES OF THE SOFTWARE.
1. LIMITED LICENSE GRANTS. Subject to the terms and conditions of this License Agreement, Gentleware grants to Licensee a nonexclusive, nontransferable, limited license to install and use the Software. The License is limited to the period of one, three or twelve calendar months to Licensee by Gentleware. At the end of one period the license to use software expires.
In case of a subscription with a recurring monthly, quarterly or yearly payment a renewal has to be done after the respective period of time in order to extend legal use for another period. In case of cancellation of subscription the license to use Software expires. The Software contains a time-out feature that disables its operation after its expiration. In order to use Software after the period, Licensee must renew the license to use the Software according to the terms and conditions of this License Agreement.
If Licensee does not use the license at the end of the period or at the end of the subscription, Licensee hereby agrees to permanently remove or delete the Software from all computer systems on which the Software was installed and destroy any copies of the software and documentation received.
2. GENERAL USE LIMITATIONS. All rights not specifically granted herein are retained by Gentleware. License may not, nor may Licensee permit any other person or entity to use, copy, modify, or distribute the Software (electronically or otherwise), or any copy, adaptation, transcription, or merged portion thereof, or the documentation. Licensee may not modify or port the Software to operate on platforms other than those provided. Licensee may not, nor may Licensee permit any other person or entity to, reverse assemble, reverse compile, or otherwise translate any binary forms of the Software. Licensee's right may not be transferred, leased, assigned, or sublicensed to any other person or entity. If Licensee uses, copies, or modifies the Software or transfers possession of any copy, adaptation, transcription, or merged portion thereof to any other party in any way not expressly authorized by Gentleware, all licenses under this License Agreement are automatically terminated.
3. WARRANTY. The Software and documentation are provided "AS IS". There is no warranty, representation, promise or guarantee of Gentleware, either express or implied, statutory or otherwise, with respect to the Software, documentation or related technical support, including their quality, performance, merchantability or fitness for a particular purpose.
4. LIMITATION OF LIABILITY. Gentleware shall not be liable for any damages suffered by the Licensee or any third party as a result of using or distributing the Software. In no event will Gentleware be liable for any loss of revenue, profit, data or computer programs, or for indirect special, incidental, tort, economic, cover or consequential damages, however caused and regardless of the theory of liability, arising out of the use of or the inability to use the Software.
5. TERMINATION. The Licensee may terminate this License Agreement at any time by destroying all the copies of the Software and the documentation. This license agreement will terminate immediately without notice from Gentleware if the Licensee fails to comply with terms and conditions of this license agreement. Upon such termination, Licensee must destroy all copies of the Software. Licensee agrees to destroy all copies of the Software and documentation upon termination of this license agreement. Gentleware reserves all rights to terminate this license agreement.
6. MISCELLANEOUS. If any term or provision of the License Agreement is found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, the License Agreement will remain in full force and effect, and in such event, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. The License Agreement and the parties' rights and obligations hereunder shall be solely and exclusively construed, interpreted and enforced under and in accordance with the laws of Germany, without any reference to conflicts of law principles. The parties agree that the U.N. Convention on the International Sale of Goods shall not apply to the License Agreement. Exclusive place of jurisdiction is Hamburg, Germany.
THE SOFTWARE IS PROTECTED BY COPYRIGHT LAW AND INTERNATIONAL TREATY. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
Copyright 2007, Gentleware AG. All Rights Reserved.