License Terms (EULA)
COSIN SCIENTIFIC SOFTWARE (“SOFTWARE”) LICENSE CONDITIONS
BY INSTALLING THIS SOFTWARE, THE INDIVIDUAL OR ENTITY LICENSING THE SOFTWARE („LICENSEE“) IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, LICENSEE MUST NOT INSTALL OR USE THE SOFTWARE.
1. LICENSOR. COSIN SCIENTIFIC SOFTWARE, with its principal office located at Luise-Ullrich-Str. 20, 80636 Munich, Germany („Licensor“) is either the owner of the software, or owns the rights permitting transfer to and use of the same by third parties. Licensee understands the nature of the computer programs licensed pursuant to this agreement, and will have only trained specialists using the software.
2. LICENSE GRANT. Licensor grants Licensee a non-exclusive and non-transferable license of the executable code version of the Software to be used for personal or internal business purposes. (1) This license does not entitle Licensee to receive from Licensor hardcopy documentation, technical support, telephone assistance, or enhancements or updates to the product without a valid maintenance contract. Licensee will only make such modifications of the software which are explicitly foreseen by Licensor for user-specific adaptations. Except for copies made in the ordinary course of Licensee’s back-up procedures, Licensee shall not copy the Software. (2) Licensee may not redistribute the Product unless Licensee has separately entered into a distribution agreement with Licensor. (3) Licenses marked as „acad“ (academic) must not be used for any commercial services, industry funded research or development, even if carried out by university staff or students. (4) Licenses marked as „eval“ (evaluation) must not be used for any type of commercial work, service or production case without Licensor’s prior written consent. (5) Licenses marked as „devel“ (development) must only be used for the purpose defined in the interface development agreement between the Licensor and the Licensee.
3. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual rights in the Product shall remain in Licensor. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Licensor’s or its suppliers‘ ownership of or rights with respect to the Product.
4. RESTRICTIONS. Except as otherwise expressly permitted in an agreement to which Licensee is a party, Licensee may not: (1) modify or create any derivative works of the product or documentation, including translation or localization; (2) decompile, disassemble, reverse engineer, or otherwise to derive the source code for the product (except to the extent applicable laws specifically prohibit such restriction); (3) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the product; (4) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; or (5) publish any results of benchmark tests run on the product to a third party without Licensor’s prior written consent. (6) Neither Software, nor parts of the software code, nor information about the software design may be given to any other party without the written consent of Licensor.
5. SERVICE AND MAINTENANCE. Only in the case of a valid maintenance contract, Licensor shall provide maintenance support service for the Software. Such maintenance shall consist of best efforts to correct documented program errors appearing through use of the Software; provided that the Software has been used in the manner authorized by this Agreement. Service with respect to a given program error will be provided after Licensor has received a written request from Licensee. Licensor’s service obligation is limited: (1) to correcting the error and forwarding a corrected version of the Software to Licensee; (2) to providing an alternative method to circumvent the error; or (3) to correcting the error in subsequent Software releases. Updates to the Software made generally available to other customers of Licensor will also be made available to Licensee. If Licensor investigates an error pursuant to this Section and such error is found to be caused by Licensee, data supplied by Licensee, operator error or misuse, or any other cause not inherent in the Software, Licensor reserves the right to charge Licensee for such services at Licensor’s then-current rates. (4) Licenses marked with „acad“ are served with a reduced support priority.
6. FEES. License fees for the product apply as given in the offer to which this agreement is an attachment. If situated in a country other than Germany, Licensee is responsible for any and all taxes.
7. TERMINATION. Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions, without an obligation to re-pay already paid license fees. Upon termination, Licensee shall destroy all copies of the Product. Licensee’s confidentiality obligation and his obligation to observe Licensor’s proprietary rights shall survive termination of this Agreement.
8. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event will licensor or its suppliers or resellers be liable for any indirect, special, incidental or damages arising out of the use of or inability of the product, 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, Licensor’s entire liability under any provision of this agreement shall be limited to the amount actually paid by Licensee for the software product and/or related services.
9. GENERAL PROVISIONS. This Agreement shall be governed exclusively by the laws of the Federal Republic of Germany. The application of CISG shall be excluded. Any dispute that arises between the parties shall be resolved exclusively by the courts in Munich/Germany. The headings contained in this Agreement are for convenience only and shall not be considered in construing this Agreement. If any provision of this Agreement is or becomes invalid, such invalidity, in case of doubt, shall have not effect upon the validity or enforceability of the remaining provisions.
10. ACCEPTANCE. By using and/or installing the software Licensee accepts all the terms and conditions of this agreement. If Licensee does not agree with the terms and conditions of this agreement, Licensee must neither install nor use the software.