END-USER LICENCE AGREEMENT (EULA) FOR PRODUCTS OF I~SENSE SOFTWARE GMBH


PREAMBLE

This I~SENSE SOFTWARE GMBH End-User Licence Agreement ("EULA") is a valid contract between you (as individual person and/or legal entity) and I~SENSE SOFTWARE GMBH (I~SENSE) for all purchased of subscribed SOFTWARE PRODUCTS.


SOFTWARE PRODUCTS

(1.) SOFTWARE PRODUCTS include computer software, application modules, medias, printed material as well as documentation in both electronic and “online” format. 

(2.) The SOFTWARE PRODUCT furthermore includes all updates, extensions and add-on for the originally delivered or subscribed SOFTWARE PRODUCT. 

(3.) Third-party application which is delivered together with the SOFTWARE PRODUCT may have a different End-User Licence Agreement. This licence agreement does not affect the EULA of the SOFTEWARE PRODUCT.


§1 GRANT A LICENCE

(1.) This EULA is valid for all SOFTWARE PRODUCTS offered by I~SENSE.

(2) Every SOFTWARE PRODUCT may have additional terms and conditions. The validity of this EULA is not influence by additional conditions. 

(3.) By installing, copying, downloading, accessing or using the SOFTWARE PRODUCT, you declare that you are aware of the terms of this EULA. In case you do not approve the terms and conditions of this EULA you are not permitted to install or use the SOFTWARE PRODUCT.

(4.) The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, but not sold.

(5.) I~SENSE grants you a single and non-transferable license which allows the use of the SOFTWARE PRODUCT for a predefined period of time. 


§3 STORAGE / NETWORKS

You are authorized to save or install the SOFTWARE PRODUCT on a network server, provided that the copy is used to use the SOFTWARE PRODUCT on other computers exclusively via an internal network. You are obliged to purchase a licence for each USER who is using the SOFTWARE PRODUCT. A licence is not to be shared or to be used by multiple users simultaneously.


§4 WARRANTY

(1.) I~SENSE guarantees that the SOFTWARE PRODUCT is capable of performing all functions which are stated in the manual, provided that the SOFTWARE PRODUCT is being used with the required hard- and/or software components. Minor deviations from the description of the manual justify no warranty claim. 

(2.) This limited warranty does not apply to updates, previews, beta versions, test products or samples („NOT FOR RESALE – NFR“) of the SOFTWARE PRODUCT.

(3.) Updates may involve changes in the original functionality of the SOFTWARE PRODUCT and give no reason for warranty claims.

(4.) If the SOFTWARE PRODUCT is not capable of performing the functions described in the documentation, your sole warranty claim vis-à-vis I~SENSE is the replacement or subsequent improvement of the SOFTWARE PRODUCT or restitution of the licence fee paid to I~SENSE. I~SENSE has the freedom to choose the remedy for a warranty claim.

(5.) The warranty claims described in this section grant you special rights. Additionally you may have supplementary rights. These rights vary depending on jurisdiction.


§5 LIMITATION OF LIABILITY

(1.) The software is provided "as is". THE LICENSER EXCLUDES EVERY WARRANTY TO THE FULL EXTENT. The licenser does not warrant that the software will work without faults. THE LICENSEE IS COMPLETELY RESPONSIBLE FOR THE USE OF THIS SOFTWARE.

(2.) The licenser rejects all warranties in terms of the SOFTWARE PRODUCT. The licenser and his suppliers are not liable for any damages of any kind that are somehow connected to the use or the impossibility to use the SOFTWARE PRODUCT, including the materials or the functions of the SOFTWARE PRODUCT, such as profit loss, interruption of production processes, loss of business information or any other financial damage, even if the licenser has been explicitly informed about the possibility of such damages or if the licenser had knowledge of it. Not in any case can the liability exceed the paid license fee.


§6 PRIVATE USAGE / COMMUNITY EDITION / SPECIAL LICENCES

(1.) SOFTWARE PRODUCTS which are delivered or licensed as „Community Edition“ may only be used and/or installed by individuals or organisations with non-profit-making purposes. 

(2.) Commercial use means that the SOFTWARE PRODUCT is used with the intention of profit making.

(3.) Universities, schools or other academic institutions may only use the SOFTWARE PRODUCT for university issues or projects which have an educational background. The usage of the SOFTWARE PRODUCT for commercial projects or functions is strictly excluded from the licence. The SOFTWARE PRODUCT shall only be used for projects and functions which have an educational background.

(4.) In some cases I~SENSE offers special licences for its SOFTWARE PRODUCTS (e.g. „Community Edition“ or „Start-Up Edition“) which include significant price relieves or free user licences. I~SENSE allows only one special licence for each licensee. It is not allowed to combine more special licences. Associated companies, organisations or persons are seen as one licensee.


§7 REVERSE ENGINEERING, DECOMPILATION UND DISASSEMBLING

You are not entitled to reverse engineer, decompile or disassemble the SOFTWARE PRODUCT, unless special regulations of jurisdiction allow such actions for exceptional reasons.


§8 DETACHMENT OF COMPONENTS

The SOFTWARE PRODUCT is licensed as one united. You are not entitled to detach its components and to use them in any other context and/or on other computers.


§9 TRADEMARKS

This EULA grants you no right whatsoever in connection with trademarks of I~SENSE or its suppliers.


§10 DISTRIBUTION, LENDING AND LEASING

You are not entitled to lend or lease the SOFTWARE PRODUCT or to distribute it in any other way.


§11 SERVICE AND SUPPORT

(1.) I~SENSE may offer you additional service and support in connection with the SOFTWARE PRODUCT ("SUPPORT SERVICES"). The conditions for SUPPORTSERVICES are stated in an additional contract. Every additional component, e.g. source code, software or documents, which are provided as part of the SUPPORTSERVICES, are treated as part of the SOFTWARE PRODUCT and underlie the terms of this EULA.

(2.) Basically I~SENSE guarantees not support whatsoever, unless the nature and extend of the SUPPORTSERVICES are stated in a written support contract.

(3.) I~SENSE is entitled to use technical data, which are supported by you as part of the SUPPORTSERVICES, for commercial purposes, including product support and product development. I~SENSE is obliged to use such data only anonymously.

(4.) In case of modifications, changes or supplements of the SOFTWARE PRODUCT by the customer, I~SENSE can not guarantee proper functionality. The responsibility for malfunctions and shortfalls lies exclusively with the customer. In such cases, I~SENSE reserves the right to refuse all SUPPORTSERVICES.


§12 TRANSFER OF LICENCE

(1.) The licensee is not permitted to transfer this EULA to other individuals and/or legal entities.

(2.) A transfer of licence must previously be approved by I~SENSE.


§13 CANCELLATION

(1.) Irrespective of other rights I~SENSE is entitled to cancel this EULA, provided that you infringe the terms of this EULA. In such a case you are obliged to remove and destroy all copies of the SOFTWARE PRODUCT and its components.

(2.) In case that the SOFTWARE PRODUCT is an update of another product, you must posses a valid licence for a product which is declared by I~SENSE to be adequate for the update in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT which is an update, replaces and/or supplements (or deactivates) the original product. You may only use updates in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is a component update of a single application package or module, which was licensed to you as single product, it is only allowed to use or transfer the SOFTWARE PRODUCT as part of this single product package. You are not entitled to use the update in a separate environment, respectively another computer system.


§14 COPYRIGHT

Ownership and copyright of the SOFTWARE PRODUCT (including, pictures, photography, animations, videos, audio, music, text, etc., which are contained in the SOFTWARE PRODUCT), additional manuals and/or documents and every copy of the SOFTWARE PRODUCT belong to I~SENSE or its suppliers. All rights, especially intellectual property rights (IPR), which were created by using the SOFTWARE PRODUCT belong to the licensee and may also be protected by other laws and agreements for IPR. This EULA grants no rights whatsoever to use such contents. If this SOFTWARE PRODUCT contains documentary materials you are allowed to print such documents, but you are not allowed to reproduce or distribute them. 


§15 REMARK CONCERNING COMPONENTS OF OTHER MANUFACTURERS

THE SOFTWARE PRODUCT MIGHT BE BASED ON TECHNOLOGIES AND COMPONENTS OF OTHER MANUFACTURERS. I~SENSE CAN NOT GUARANTEE FOR FAULT TOLERANCE AVAILABILITY OF SUCH TECHNOLOGIES AND COMPONENTS AND IS NOT LIABLE FOR MALFUNCTIONS AND FAILURES.


§16 CONCLUDING REMARKS

(1) I~SENSE reserves all rights which are not explicitly granted.

(2) For contracts with commercial partners and/or legal entities the place of fulfilment and jurisdiction is determined to be Munich, Germany. The German jurisdiction is decisive for all contracts between client and contractor.

(3) If certain terms of this contract should be discovered to be rescinding, the other terms of this agreement stay effective. Rescinding terms are to be replaced by appropriate terms, which support the economic success of this agreement for both parties.



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