Inventivo GmbH, www.inventivio.com
Inventivio End User License Agreement v.1.0
This agreement defines the licensing terms for the software product which you have purchased or downloaded (the Licensed Software). The parties involved in this License Agreement are Inventivio GmbH ("Inventivio", "Licensor") and the Licensee ("you"). The Licensed Software is delivered with a manual which describes the programming features and their usage (the Documentation).
Provided you comply with all terms and conditions of this License Agreement, Inventivio grants you a limited, non-exclusive, transferable license to use the Software in accordance with the license type licensed by you.
You may
- use the Software on one computer.
- use the Software on a network, provided that each person accessing the Software through the network must have a copy licensed to that person.
- copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.
- permanently transfer all of the rights under this EULA, provided that you retain no copies or registration numbers, you transfer all of the Software, and that the recipient agrees to the terms of this EULA.
- redistribute trial versions of the Software under the condition that you (i) do not remove any proprietary notices from the Software, (ii) notify Inventivio in writing via email to distribute@inventivio.com of your intentions to promote or distribute the trial versions (unless you will distribute less than 15 copies), (iii) clearly indicate that the Software originates from Inventivio and use the links and graphics as published and indicated on http://www.inventivio.com/distribute and, if published on a website, include a link to http://www.inventivio.com and a link to the download location of the Software (http://www.inventivio.com/downloads.html); (iii) charge no fee for the distribution of the trial version (iv) ensure that you are distributing the latest stable version (as shown at http://www.inventivio.com/products.html).
You may not:
- remove any proprietary notices from the Software or any copy thereof;
- cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling or hacking of the Software
- defeat license encryption mechanisms.
The Software contains proprietary, confidential and trade secret information owned or licensed by Inventivio, and you agree to take reasonable steps at all times to protect and maintain the confidentiality of such information.
Absent a written grant of rights greater than that contained above, all other rights or sub-divisions of rights generally included in copyright are excluded from this license.
This license does not grant you any right to bug fixes, enhancements, updates or new versions, but if such are made available to and are obtained by you, then they shall become part of the Licensed Software and governed by the terms of this License.
Inventivio GmbH reserves all rights not expressly granted to you in this License.
Depending on the licensing option you have purchased, the following additional restrictions apply:
If the product you have downloaded or otherwise obtained is marked as "TRIAL SOFTWARE", "DEMO SOFTWARE", or "EVALUATION COPY" or similar, the following terms apply: You may install one copy of the Licensed Software for evaluation and testing purposes for a period of 30 calendar days from the date of download ("Evaluation Time"). Upon expiration of the Evaluation Time, the Licensed Software must be erased from the computer it was installed on and all copies destroyed. Under no circumstances should Trial Software be used for commercial purposes. Trial and Test Software may contain mechanisms that inhibit its ability to function at a later date.
If the product you have received is marked as "BETA", "TEST" or similar software, the following terms apply:
The purpose of this Agreement is to provide you with early access to the unreleased Software for the purpose of evaluating the Licensed Software and testing at your election.
Inventivio hereby grants to you a non-exclusive, non-transferable, non-assignable, royalty free license to install and use the Software only on your premises for the purposes of (a) evaluating such Software; and (b) testing of the Software. You will provide Inventivio with feedback regarding results of testing, including any non-conformance of the Software found during the term of this Agreement.
You may install one copy of the Licensed Software for evaluation and testing purposes for a period of 30 calendar days from the date of download ("Evaluation Time"). Upon expiration of the Evaluation Time, the Licensed Software must be erased from the computer it was installed on and all copies destroyed. Under no circumstances should Trial Software be used for commercial purposes. Trial and Test Software may contain mechanisms that inhibit its ability to function at a later date.
If the product you have received is marked as "COMMUNITY" version, the following terms apply: You may install one copy of the Licensed Software and use it perpetually as long as you observe the terms of this license.
The Licensed Software and Documentation are delivered in digital format only. You agree to retrieve the Licensed Software and Documentation, as well as any relevant maintenance updates from Inventivio's Web site at www.inventivio.com. Neither digital storage media nor printed Documentation will be delivered to you by Inventivio GmbH.
This License shall be perpetual unless restricted in Section 3 and unless you fail to observe any of its terms, in which case it shall terminate immediately, and without additional prior notice. Upon termination or expiration of this Agreement, (a) you will cease any and all use of the Software and Services; (b) destroy all originals and copies of the Software in your possession or under your control, (c) you will remove the Software from all hard drives, networks, and other storage media and (d) you shall not access such media for the purpose of recovering any of the Licensed Software from any copies that may exist with respect to media containing regular backups of your computer or computer system. The terms of Paragraphs 6.1, 9.4 and 11 shall survive termination of this Agreement.
You acknowledge that the Licensed Software is copyrighted intellectual property of Inventivio GmbH, and that Inventivio GmbH retains exclusive ownership of the Licensed Software and Documentation, subject however to all terms and conditions of this agreement.
It is expressly agreed that this License does not include ownership of the Licensed Software's source code, but only the right-to-use as defined by this agreement.
You further acknowledges that the Licensed Software, including the code, logic and structure of the Licensed Software, contain valuable trade secrets belonging to Inventivio GmbH. You agree to secure and protect the Licensed Software consistent with the maintenance of Inventivio GmbH's rights in the Licensed Software, as set forth in this License.
The Licensed Software is not intended or licensed for use in any hazardous or high risk activity.
If the product licensing option you have received is marked as "USER" license or similar, then Inventivio will provide 30 days of installation support. Support is only available via email at support@inventivio.com.
You agree that, unless you explicitly indicate otherwise, Inventivio may use any suggestions, comments or other feedback, whether oral or written, provided to Inventivio by you with respect to the Licensed Software.
The warranties associated with the Licensed Software differ based on the designation of the product licensing option you have purchased:
If the product option you have purchased or downloaded is marked as a "TRIAL" , "EVALUATION", "DEMO", "BETA", "TEST", "COMMUNITY" or similar software, the following terms apply:
The Software and Documentation are provided as is without warranty of any kind.
If the product licensing option you purchased from Inventivio or its authorized distributors is designated "USER" license, the following terms apply:
Inventivio GmbH warrants that the Software substantially conforms to its specifications in the Documentation. This warranty does not cover the use of the Licensed Software in ways which are not covered in the Documentation (e.g. by calling undocumented functions, or by not obeying documented restrictions).
Inventivio GmbH warrants that it is owner of the Licensed Software with authority to license the Licensed Software to you, and that the Licensed Software does not infringe third party intellectual property rights. Inventivio GmbH agrees to indemnify, defend and hold harmless licensee from any claims either that InventivioGmbH does not own the Licensed Software, or that the Licensed Software infringes a third party’s intellectual property rights.
In the event the unmodified Licensed Software fails to satisfy this limited warranty during a warranty period of 30 days after the effective date of this agreement, Inventivio GmbH shall promptly, at its expense and in its discretion, (i) provide a correction or workaround for any reproducible errors which are reported by you, and deliver an updated version of the Licensed Software, or (ii) return a refund of any license fees paid pursuant to this agreement. In this event you will immediately terminate any use and distribution of the Licensed Software.
Technical support as described above is available by e-mail only. Maintenance updates of the Licensed Software do not extend the initial warranty period.
Inventivio GmbH does not warrant non-Inventivio products that may be included in the Licensed Software. Any such products are provided on an “as-is” basis. Any warranty service for non-Inventivio products may be provided by the product manufacturer in accordance with any applicable manufacturer's warranty.
Except for breach of Inventivio GmbH’s warranties of ownership of the Licensed Software and non-infringement of third party intellectual property, the foregoing states the sole and exclusive remedies for Inventivio GmbH’s breach of warranty. The foregoing warranties are in place of all other warranties or conditions, express or implied, and any implied warranty or condition of fitness for a particular purpose, merchantability, or merchantable quality. No person is authorized to make any other warranty or representation concerning the performance of the Licensed Software other than according to this paragraph. Licensee shall make no other warranty, express or implied, on behalf of Inventivio GmbH.
The Software may contain third party software and/or content which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at http://www.inventivio.com/licenses/notices.html and are made a part of and incorporated by reference into this License Agreement. By accepting this License Agreement, you are also accepting the additional terms and conditions, if any, set forth therein.
Neither party will be liable for any loss of use, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise.
The official text of this Agreement is in the English language and any interpretation or construction of this Agreement will be based thereon. In the event that this Agreement or any documents or notices related to it are translated into any other language, the English language version will control.
This license is governed by the laws of Germany, excluding choice of law rules. If any part of this license is found to be in conflict with the law, that part shall be interpreted in its broadest meaning consistent with the law, and no other parts of the license shall be affected.
This agreement constitutes the complete, final and exclusive expression of the parties’ agreement, and supersedes all proposals and other communications made between the parties concerning the subject matter hereof. This agreement cannot be modified except by written agreement signed by all the parties hereto.