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