License agreement:
Copyright.
==========
The MegaBonus Home Edition (software) and everything that comes with it
is Copyright © by
Bernd Karle
Hard- und Softwareentwicklung
Blauenweg 6
D-79379 Müllheim (Germany)
phone: +49 7631 172375
web: http://www.bksoft.de
e-mail: info@bksoft.de
All rights reserved.
MegaBonus Home Edition License.
===============================
BY RUNNING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING
A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, DO NOT EXECUTE IT.
LICENSE GRANT.
==============
Bernd Karle Hard- und Softwareentwicklung grants you a non-exclusive license
to use the Software for a certain trial period. After that you have to
register a license for every installation of this software. This License
does not entitle you to hard-copy documentation, support or telephone
assistance.
DISCLAIMER OF WARRANTY.
=======================
The Software is provided on an AS IS basis, without warranty of any kind,
including without limitation the warranties that the Software is
merchantable, fit for a particular purpose or non-infringing. The entire
risk as to the quality and performance of the Software is borne by you.
Should the Software prove defective in any respect, you and not Bernd
Karle Hard- und Softwareentwicklung or its suppliers assume the entire
cost of any service and repair. In addition, the security mechanisms
implemented by the Software have inherent limitations, and you must
determine that the Software sufficiently meets your requirements. This
disclaimer of warranty constitutes an essential part of the agreement. No
use of the Software is authorized hereunder except under this Disclaimer.
TERMINATION.
============
The license will terminate automatically if you fail to comply with the
limitations described herein. You must destroy all copies of the Software
upon termination.
LICENSE GRANT.
==============
Licensor grants to you a non-exclusive license to use the Software and
accompanying documentation ("Documentation") in the manner described below
under "SCOPE OF LICENSE GRANT".
LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU MAY HAVE OTHER STATUTORY
RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF
STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE
LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY
LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE
NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE
OF LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR
ADDITIONS TO THIS LIMITED WARRANTY.
TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF LICENSE GRANT.
=======================
You may:
·Use the Software on any computer;
·Copy the Software for archival purposes, provided any copy must contain all
of the original Software's proprietary notices.
You may not:
·Modify, translate, reverse engineer, decompile, disassemble (except and
solely to the extent an applicable statute expressly and specifically
prohibits such restrictions), or create derivative works based on the
Software;
·Copy the Software other than as specified above;
·Rent, lease, grant a security interest in, or otherwise transfer rights to
the Software; or
·Remove any proprietary notices or labels on the Software.
TITLE.
======
Title, ownership rights, and intellectual property rights in the Software
shall remain in Bernd Karle Hard- und Softwareentwicklung and/or its
suppliers. The Software is protected by copyright and other intellectual
property laws and by international treaties. Title and related rights in the
content accessed through the Software is the property of the applicable
content owner and is protected by applicable law. The license granted under
this Agreement gives you no rights to such content.
TERMINATION.
============
This Agreement and the license granted hereunder will terminate
automatically if you fail to comply with the limitations described herein.
Upon termination, you must destroy all copies of the Software and
Documentation.
LIMITATION OF LIABILITY.
========================
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR
ANY DAMAGES, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM LICENSOR'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS
SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY
NOT APPLY TO YOU.
HIGH RISK ACTIVITIES.
=====================
The Software is not fault-tolerant and is not designed, manufactured or
intended for use or resale as on-line control equipment in hazardous
environments requiring fail-safe performance, such as in the operation of
nuclear facilities, aircraft navigation or communication systems, air traffic
control, direct life support machines, or weapons systems, in which the
failure of the Software could lead directly to death, personal injury, or
severe physical or environmental damage ("High Risk Activities").
Accordingly, Licensor and its suppliers specifically disclaim any express or
implied warranty of fitness for High Risk Activities.
UPDATES
=======
Possible updates are free of cost for the duration of 1 year from the date
of purchase. After this time of one year a update will be with costs. See
website for update prices.
MISCELLANEOUS.
==============
This Agreement represents the complete agreement concerning the license
granted hereunder and may be amended only by a writing executed by both
parties. If any provision of this Agreement is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make it
enforceable. This Agreement shall be governed by Alberta law, excluding
conflict of law provisions (except to the extent applicable law, if any,
provides otherwise). The application of the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded.