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IT IS IMPORTANT THAT YOU CAREFULLY READ THIS NOTICE BEFORE PROCEEDING WITH THE
DOWNLOAD,
INSTALLATION AND USE OF THE SOFTWARE. BY CLICKING THE BUTTON BELOW MARKED 'YES' YOU
1 THIS AGREEMENT
1.1 In this Agreement the phrase 'the Software' means the computer program
identified above and
all associated media, printed materials and 'online' or electronic documentation.
This definition
of 'the Software' does not include any other products or computer programs of Kassl
GmbH.
1.2 The Software is protected by copyright and other intellectual property laws and
international treaties. Title to, ownership of, and all rights and interests in and
to each and
every part of the Software, (including all copyrights, trade marks, patent rights
or any other
intellectual property rights of whatever nature), and all copies thereof shall
remain at all times
vested in Kassl GmbH or its licensors.
1.3 The Software is licensed, not sold, to You for use only under the terms of this
licence
agreement, and Kassl GmbH and its licensors reserve any rights not expressly
granted to You.
Your rights of ownership are limited to the media on which the Software is recorded
or fixed.
1.4 By installing, copying or otherwise using the Software, you agree to be bound
by the
terms of this Agreement. If You do not agree to the terms of this agreement You
must not use
the Software and must immediately delete any and all copies of the Software in Your
possession.
2 GRANT OF License
2.1 Kassl GmbH hereby grants to You the following non-exclusive rights in respect
of the Software
subject to Your fulfilment of the relevant criteria. The rights granted to You are
personal and
non-transferrable.
3.2 You undertake not to export the Software or any part thereof to any country,
person, entity or
end user subject to any export restrictions applicable to You.
4 RESERVATION OF RIGHTS
4.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Kassl GmbH AND ITS LICENSORS
DISCLAIM ALL
OTHER WARRANTIES AND CONDITIONS IN RESPECT OF THE SOFTWARE EITHER EXPRESS OR
IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
THIRD PARTY
RIGHTS AND FITNESS FOR PARTICULAR PURPOSE. THE DURATION OF ANY STATUTORILY REQUIRED
WARRANTY
PERIOD SHALL BE LIMITED TO THE TERM OF THE LIMITED WARRANTY.
6 LIMITED WARRANTY
6.1 Kassl GmbH warrants that the medium on which the Software is supplied, if any,
shall if
manufactured by or on behalf of Kassl GmbH be generally free from errors of
workmanship for a
period of 30 days from purchase.
6.2 The Software is provided 'as is' without warranty of any kind either express or
implied.
In particular Kassl GmbH does not warrant that the operation of the Software will
be uninterrupted
or error free. Kassl GmbH does not warrant guarantee or make any representations
regarding the use,
or the results of the use, of the Software in terms of accuracy reliability
currentness or otherwise.
You assume the entire risk arising out of the use or performance of the Software.
6.3 No oral or written information or advice given by Kassl GmbH its distributors
or employees
shall create any warranty and You may not rely on any such information or advice.
7 NO OTHER WARRANTIES
7.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Kassl GmbH DISCLAIMS ALL
OTHER WARRANTIES
AND CONDITIONS IN RESPECT OF THE SOFTWARE EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS
AND FITNESS FOR
PARTICULAR PURPOSE. THE DURATION OF ANY STATUTORILY REQUIRED WARRANTY PERIOD SHALL
BE LIMITED TO
THE TERM OF THE LIMITED WARRANTY SET OUT ABOVE. YOU USE THE SOFTWARE ENTIRELY AT
YOUR OWN RISK.
9 EXCLUSIVE REMEDY
9.1 The exclusive remedy for breach of this Agreement by Kassl GmbH shall be, at
Kassl GmbH's
option, either:
9.1.1 the repair or replacement of the Software PROVIDED THAT the Software is
returned to Kassl
GmbH with proof of License; or
9.1.2 a refund of the price, if any, which You paid to license the Software.
10 LIMITATION ON LIABILITY
10.1 Kassl GmbH'S LIABILITY TO YOU IN CONTRACT OR TORT SHALL IN NO EVENT EXCEED THE
ACTUAL PRICE
PAID FOR THE SOFTWARE OR 10 US-$ WHICHEVER IS THE GREATER.
11 TERMINATION
11.1 In the event that You fail to comply strictly with the terms and conditions of
this Agreement,
this Agreement shall terminate forthwith without prejudice to any other remedies
which Kassl GmbH
may have.
11.2 In the event that You wish to terminate this License agreement You may do so
at any time by
ceasing to use the Software.
11.3 You hereby agree that, in the event of termination of this Agreement for any
reason, You will
forthwith destroy or irretrievably delete all copies of the Software, including
modified copies,
in Your possession or control.
12 UPDATE POLICY
12.1 Kassl GmbH may from time to time create updated versions of the Software and
may, at its option,
make such updates available to You.
13 GENERAL TERMS
13.1 Irrespective of the country in which the Software was acquired the
construction, validity and
performance of this Agreement shall be governed in all respects by German law and
You agree to
submit to the exclusive jurisdiction of the German courts.
13.2 If any provision of this agreement is found to be invalid by any court having
competent
jurisdiction, the invalidity of such provision shall not affect the validity of the
remaining
provisions of this agreement, which shall remain in full force and effect.
13.4 This agreement constitutes the entire agreement between You and Kassl GmbH
with respect
to this transaction. Any changes to this agreement must be made in writing, signed
by an
authorised representative of Kassl GmbH.
Should You have any questions concerning this Agreement, or if You desire to
contact
Kassl GmbH for any reason, please write to:
Kassl GmbH,
Schmidtkuhlweg 3,
27607 Langen,
Germany; Tel ++49 4743 911021;
Fax: ++49 4743 911021;
Email: contact@kassl.de.