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TEC-IT Freeware License Valid from March 27, 2013

1. Scope and Definitions


These license terms govern the rights and duties between You (thereafter called Licensee) and TEC-IT Datenverarbeitung GmbH, Hans-
Wagner-Strasse 6, A-4400 Steyr/AUSTRIA (thereafter called TEC-IT) regarding the download, the installation, the use, and the
redistribution of Freeware provided by TEC-IT.

 The term You shall mean an individual or Legal Entity exercising permissions granted by this License.
 The term Legal Entity shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or
management of such entity, whether by contract or otherwise, or (ii) ownership of more than fifty percent (50%) of the outstanding shares,
or (iii) beneficial ownership of such entity.
 The term Freeware refers to free applications, free apps, and free computer programs available in Object or Source form which are
explicitly marked as free software.
 The term Source form shall mean the software source code, documentation source, and configuration files.
 The term Object form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not
limited to compiled object code, generated documentation, promotional media and conversions to other media types.

By downloading, installing or using the Freeware or parts of the Freeware, the Licensee accepts all terms of this License.

Any rights to the Freeware other than the license conditions stated herein remain undiminished for TEC-IT or their suppliers; the Licensee
acquires no rights of any kind to the Freeware.

2. License Grant and Restrictions


 The Licensee is granted a perpetual, worldwide, non-exclusive, no-charge, royalty-free, and as long as not terminated according to
paragraph 6, irrevocable right to use the Freeware free of charge.
 The Licensee is permitted to use the Freeware only for legal purposes and according to the valid national or international regulations.
 Unless otherwise noted, the Licensee is allowed to use the Freeware exclusively for private and non-commercial use; the use of the
Freeware for commercial purposes is not allowed.
 The Licensee is not entitled to receive documentation, support, assistance, enhancements or updates of any kind.
 The Licensee must not distribute, copy, publish, assign, sell, bargain, convey, transfer, pledge, lease or grant any further rights to use the
Freeware.
 The Licensee must not remove, modify or alter any copyright notice in the Freeware in any way.
 If the Source form of the Freeware is provided by TEC-IT to the Licensee, the Licensee is allowed to modify the Source form for improving
the functionality or usability of the Freeware. Modifications with any negative or possible negative impact to the Freeware, to TEC-IT, or to
the users of the Freeware (like introducing malicious code or introducing illegal or offending content) are forbidden.
 If the Source form of the Freeware is not provided by TEC-IT, the Licensee must not modify, change, patch, reverse-engineer,
disassemble or decompile the Object form of the Freeware and the Licensee must not use the Freeware for software design, software
development, or software testing purposes.

3. Disclaimer of Warranty
 THE FREEWARE IS EXCLUSIVELY PROVIDED "AS IS". THE LICENSEE EXPLICITLY ACCEPTS THAT TEC-IT DOES NOT PROVIDE
ANY WARRANTIES OF ANY KIND BY OBTAINING, INSTALLING, OR USING THE FREEWARE OR PARTS OF THE FREEWARE.
 TEC-IT MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, REGARDING THE FREEWARE OR THE FREEWARE’S PERFORMANCE, ACCURACY,
SUFFICIENCY OR SUITABILITY OR THE DOCUMENTATION OR OTHER MATERIALS PROVIDED INCLUDING, WITHOUT
LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, DURABILITY, PERFORMANCE, QUALITY, CAPACITY AND TECHNICAL
COMPATIBILITY, AND ANY WARRANTY OF FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE OR NON-INFRINGEMENT
OF THIRD PARTY RIGHTS.

TEC-IT Datenverarbeitung GmbH, A-4400 Steyr, Hans-Wagner-Str. 6 1/2


office@tec-it.com T ++43 (0)7252 72720
www.tec-it.com F ++43 (0)7252 72720 77
TEC-IT Freeware License Valid from March 27, 2013
4. Limitation of Liability
 TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WILL TEC-IT OR THEIR CONTRACTUAL
PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY LOSS OF REVENUE OR
PROFIT, INTERRUPTION TO BUSINESS, LOSS OF INFORMATION OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE
SUPPLY TO OR LICENSEE’S USE OF OR INABILITY TO USE THE FREEWARE, WHETHER TEC-IT HAS BEEN ADVISED OF OR
TEC-IT HAS POINTED OUT THE POSSIBILITY OF SUCH DAMAGES.
 LICENSEE HAS RELIED UPON HIS/HER OWN SKILL AND JUDGMENT IN ACQUIRING THE FREEWARE. TO THE EXTENT
APPLICABLE LAW DOES NOT PERMIT A COMPLETE LIMITATION OF DAMAGES AS SET FORTH HEREIN, LICENSEE AGREES
THAT HIS/HER DAMAGES SHALL BE LIMITED TO ONE DOLLAR (U.S.). NOTHING HEREIN SHALL BE CONSTRUED AS
ATTEMPTING TO ENFORCE RIGHTS AGAINST THE LICENSEE BEYOND THOSE PERMITTED BY APPLICABLE LAW.

5. Governing Law
This License shall be construed and governed with the Laws of the Republic of Austria. No choice of law rules of any jurisdiction will apply
and any claims being founded on laws of other states or countries are excluded. For any lawsuit relating to this License both parties submit
to the jurisdiction of the court, having jurisdiction for the area of the city of Steyr, Austria under the Austrian laws with regard to the amount
in dispute. With regard to claims against TEC-IT this court's jurisdiction is exclusive.

6. Final Provisions
 Should any term of this License be declared void or unenforceable by the court of competent jurisdiction, such declaration shall have no
effect on the remaining terms hereof, as the economic aims remain accessible. The applicable terms may be replaced by terms with the
most similar economic impact.
 The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach
hereunder shall not be deemed a waiver by that party as to subsequent enforcement of the same or other rights or subsequent actions in
the event of future breaches.
 The current version of this License is available at http://www.tec-it.com and the provisions of this License constitute the entire agreement
between the parties with respect to the licensing of the Freeware and supersede all prior agreements, oral or written, and all other
communications relating thereto, including but not limited to, the terms of any shrink-wrap or click-wrap terms contained in the Freeware
and any conflicting terms in Licensee’s standard business terms. No waiver, alteration, amendment or modification of any of the
provisions of this License shall be binding unless in writing and signed by a duly authorized representative of the party to be bound
thereby.
 This License is effective until terminated. The Licensee may terminate it by destroying or returning all copies of the Freeware and all of its
parts. This License will terminate automatically without further action from TEC-IT if the Licensee fails to comply with any term or condition
of this License.

© 1998-2013
TEC-IT Datenverarbeitung GmbH
Hans-Wagner-Strasse 6
A-4400 Austria
t.: +43 (0)7252 72720
f.: +43 (0)7252 72720 77
http://www.tec-it.com

TEC-IT Datenverarbeitung GmbH, A-4400 Steyr, Hans-Wagner-Str. 6 2/2


office@tec-it.com T ++43 (0)7252 72720
www.tec-it.com F ++43 (0)7252 72720 77

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