CheckSend 1.5

EULA - End User License Agreement

END-USER LICENSE AGREEMENT FOR CheckSend (referred to as "SOFTWARE PRODUCT ").
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: Sebastian Hinz's License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Sebastian Hinz for the software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Sebastian Hinz, Mommsenstr.8, 30173 Hannover, Germany, http://develuxe.com, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
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, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
The licenser grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows 95, Windows NT, Windows 98, Windows 2000, Windows 2003, Windows XP, Windows ME, Windows Vista]. After the trial period you need a separate license key for every user and every computer where you will use the SOFTWARE PRODUCT.
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution.
You may not distribute registered copies or license keys of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download e.g. from the licenser 's websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
The licenser may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. TERMINATION
Without prejudice to any other rights, Sebastian Hinz may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by the licenser or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by the licenser.
5. NO WARRANTIES
The licenser expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. The licenser does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. The licenser further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
The following exclusions and limitations of liability apply with regard to licenser's liability for damage compensation, notwithstanding the other legal claim requirements. The licenser assumes unlimited liability if the cause of the damage is the result of intent or gross negligence. Furthermore, the licenser assumes liability for the slightly negligent breach of significant duties, whose breach places the achievement of the purpose of the Agreement at risk, or for the breach of duties whose fulfilment generally enables the execution of the Agreement and on whose compliance they regularly rely. However, in this case, the licenser shall only be liable for the foreseeable damage that might typically occur under the Agreement. The licenser is not liable for the slightly negligent breach of duties other than those stated in the above-mentioned sentences. The above-mentioned limitations of liability do not apply for loss of life, bodily injury or damages to health for a defect after assumption of a guarantee for the nature of the product and for fraudulent concealment of defects. Liability pursuant to the German Product Liability Act remains unaffected. If licenser's liability is excluded or limited, this also applies for personal liability of employees, representatives, agents or assistants.
7. COURT OF JUSRISDICTION, APPLICABLE LAW AND NO WAIVER
German law shall apply to this contract, with the exception of the United Nations Convention on Contracts for the International Sale of Goods, and private international law. The court for the licenser's registered head office has local jurisdiction for any disputes under this contract, provided that the Contractor is a businessman. The waiver or failure of either party to exercise in any respect any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled.
8. CLOSING PROVISIONS
Any additional agreements and amendments to the contract require the written form in order to be effective. This form requirement cannot be annulled or rescinded, either verbally or implicitly. In the event of any provision hereof being ineffective, this shall not affect the legal effect of the contract as a whole. The parties hereby undertake to replace such an ineffective provision by a regulation which comes closest to the originally targeted economic purpose