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License agreement
SCAMAX® scan+ Manual > Appendix > License agreement

License Agreement for all countries aside from Germany

 

This version of the License Agreement is valid for all licensees in the world,

except for those software users situated in Germany.

 

End User License Agreement

 

THIS IS A LICENSE CONTRACT BETWEEN YOU AND DATAWIN GmbH, A COMPANY

lNCORPORATED UNDER THE LAWS OF GERMANY. BY INSTALLING AND USING THlS SOFTWARE YOU

ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

 

If you do not agree with the terms and conditions of this Agreement, return the envelope containing the computer

media, along with the rest of the package, to DATAWIN GmbH or the location where you obtained

it.

 

This is a license agreement and not an agreement for sale.

 

DATAWIN GmbH continues to own the copy of the Software (as defined below) and the physical

media contained in this package and any other copy that you are authorized to make pursuant to this Agreement. This

license accompanies software ("Software") and related explanatory written materials ("Documentation"). The term

"Software" shall also include any upgrades, modified versions, updates, additions, and copies of the Software licensed

to you by DATAWIN GmbH. DATAWIN GmbH grants to you a nonexclusive

license to use the Software and Documentation, provided that you agree to the following:

 

1. Use of the Software

 

1.1 You may install the Software in a single location on a hard disk or other storage device of up to as many

computers as you need. A hardware dongle ("Dongle") is required for the usage of the Software; a single dongle is

used for each computer. The number of dongles corresponds to the number of licenses of the Software you purchased. A

simulatneous use of the Software on more computers than the number of dongles you own is not permitted.

 

1.2 You may make one backup copy of the Software, provided your backup copy is not installed or used on any

computer.

 

2. Copyright

 

The Software is owned by DATAWIN GmbH and its suppliers, and its structure,

organization and code are valuable trade secrets of DATAWIN GmbH and its suppliers. The

Software is also protected by United States Copyright Law and International Treaty provisions. You must treat the

Software just as any other copyrighted material. You may not copy the Software or the Documentation, except

as set forth in the ''Use of the Software'' section. Any copies that you are permitted to make pursuant to this

Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. Except

for software parts included in source code, you agree not to modify, adapt or translate the Software except as may be expressly

permitted under the European Directive on the Legal Protection of Computer Programs (14 May 1991) ("the

Directive"). You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the

source code of the Software except as may be expressly permitted under the Directive. In addition you also agree not to reverse

engineer, manipulate or disassemble or otherwise attempt to disable the software protection mechanism of the hardware

dongle. In order to ensure interoperability of the Software with other computer software, DATAWIN GmbH

Organisationssysteme provides the necessary information at no charge. In case, please ask directly GmbH

Organisationssysteme.

 

Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark

owners name. Trademarks can only be used to identify results produced by the Software. Such use of any trademark

does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you

any intellectual property rights in the Software.

 

3. Transfer

 

You may not rent, lease, sublicense or lend the Software or Documentation. You may, however, transfer all your rights

to use the Software and Documentation to another person or legal entity provided that (i) you transfer this Agreement,

the ,,Proof of Purchase'', the Software, including all copies, updates and prior versions, the Dongle and the

Documentation to such person or entity, (ii) you retain no copies, including copies stored on a computer, and (iii) that

the receiving party agrees to be bound by the terms and conditions of this Agreement.

 

4. Multiple Copies / Upgrades

 

You may make one back-up copy, in accordance with the terms of this Agreement, for each version of the Software

you use. You may not rent, lease, sublicense, tend or transfer versions or copies of the Software or the Dongle you do

not use, or Software contained on any unused media, except as part of the permanent transfer of all Software and

Documentation as described above in section 3. If you acquire an upgrade or update for Software, you may use either

the new version or the previous versions. The upgrades or updates of the Software are an inseparable part of the

Software (see chapter 3).

 

5. Limited Warranty

 

DATAWIN GmbH warrants to you that the Software will perform substantially in accordance with

the Documentation for the ninety (90) day period following your receipt of the Software. To make a warranty claim,

you must return the Software including all appendant parts (Dongle, Documentation, media) to the location

where you obtained it along with a copy of your sales receipt within such ninety (90) day period. If the Software does

not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be

limited to either, at DATAWIN GmbH's option, the replacement of the Software or the refund of the

license fee you paid for the Software.

 

DATAWIN GmbH AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE

PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE

FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR GMBH

ORGANISATIONSSYSTEME'S OR ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING

LIMlTED WARRANTY, DATAWIN GmbH AND ITS SUPPLIERS MAKE NO

WARRANTlES, EXPRESS OR lMPLlED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS,

MERCHANTABILITY, OR FITNESS FOR ANY PARTlCULAR PURPOSE.

 

Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied

warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties

are limited to ninety (90) days. This warranty gives you specific legal rights. You may have other rights which vary from

state to state or jurisdiction to jurisdiction.

 

6. Limitation of Liability

 

IN NO EVENT WILL DATAWIN GmbH OR ITS SUPPLIERS BE LIABLE TO YOU FOR

ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFlTS OR LOST

SAVINGS, EVEN IF AN DATAWIN GmbH REPRESENTATIVE HAS BEEN ADVlSED OF

THE POSSlBlLlTY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

 

Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so

the above limitations may not apply to you.

 

7. Governing Law and General Provisions

 

This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of

Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable,

it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its

terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the

United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall

automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing

signed by an authorized officer of DATAWIN GmbH. This is the entire agreement

between DATAWIN GmbH and you relating to the Software and the Documen- tation and it

supersedes any prior representations, discussions, undertakings, end user license agreements, communications or

advertising relating to the Software and the Documentation.

 

8. Notice to United States Government End Users

 

The Software and Documentation are "Commercial Items" as that term is defined at

48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial

Computer Software Documentation" as such terms are used in 48 C.F.R.§12.212 or

48 C.F.R.§227.7202, as appli- cable. Consistent with 48 C.F.R.§12.212 or 48

C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the "Commercial Computer

Software" and "Commercial Computer Software Documentation" are being licensed to

U.S. Government end users (i) only as "Commercial ltems" and (ii) with only

those rights as are granted to all other end users pursuant to the terms and

conditions herein. Unpublished-rights reserved under the copyright laws of the

United States.

 

DATAWIN GmbH

Etzstraße 37

84030 Ergolding

Germany