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FULL AND TRIAL VERSION LICENSE. End User License Agreement

FULL AND TRIAL VERSION LICENSE

END-USER LICENSE AGREEMENT
For LieberLieber AUTOSAR Engineer (extension of Enterprise Architect 9.0.908 or higher; Professional Edition or higher)

By LieberLieber Software GmbH

Copyright © 2013, 2014 LieberLieber Software GmbH. All Rights Reserved.

IMPORTANT! READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between YOU as Licensee and Licensor Software GmbH for “  LieberLieber AUTOSAR Engineer ” later referred to as “the SOFTWARE”. By installing, copying, or otherwise using the SOFTWARE, YOU agree to be bound by the terms of this EULA. If YOU do not agree to the terms of this EULA, do not install or use the SOFTWARE, or if applicable promptly remove the SOFTWARE from YOUR system and return license issued.

This SOFTWARE is copyrighted and the owner of the copyright claims all exclusive rights to such software. Even though a license fee is not paid for the use of Trial Version SOFTWARE, it does not mean that there are no conditions for using such software.

 

1. DEFINITIONS

When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms

defined:
  • "EULA" means this End User License Agreement
  • “Licensor” means LieberLieber Software GmbH.
  • "Licensee" means YOU, or the organization (if any) on whose behalf YOU are taking the EULA unless otherwise indicated.
  • "SOFTWARE" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to ((i) registration information, i.e. License key which is unique for a registration name of the Licensee; (ii) related explanatory written materials or files (“Documentation”); and (iii) SOFTWARE setup files and code samples (if any); and (b) upgrades, modified versions, updates, additions, and copies of the SOFTWARE, if any, licensed to Licensee by Licensor (collectively, “Updates”).
  • “Use” or “using” means to access, install, download, copy or otherwise benefit from using the functionality of the SOFTWARE in accordance with the Documentation.
  • “System” means Windows OS, GNU/Linux or Mac OS X, or any virtual machine.
  • “Site” means:
    • the single physical location of Licensee’s organization or organizational unit that corresponds to a single physical mailing address; or
    • if approved by the Licensor in its sole discretion, multiple sites owned and/or operated by one or more wholly-owned affiliates or subsidiaries of the Licensee’s organization or organizational as satellite offices of the primary site.
  • “Floating License” means the license to use the SOFTWARE on any machine in Licensee’s  organization, up to the number of Floating User Licenses purchased by Licensee for such use.
  • “Trial License” means the license to install and use the SOFTWARE for the sole purpose of determining whether to purchase a license for a commercial version of the SOFTWARE.

 

2. TYPES OF LICENSES

The Licensor provides the SOFTWARE under following license types:

a)       Single User License to use the SOFTWARE by a single user

b)       Site License to use the SOFTWARE at a given Site (i) on an unlimited number of machines unless the maximum number of machines otherwise indicated and (ii) by unlimited number of users unless the maximum number of users otherwise indicated

c)        Floating License to use the SOFTWARE on any machine in Licensee’s organization, up to the number licenses purchased for such use. The number of users that may use the SOFTWARE concurrently at any time must not exceed the number of purchased floating user licenses

d)       Trial License to use and evaluate the SOFTWARE for the sole purpose of determining whether to purchase a license for a commercial version of the SOFTWARE.

3. GRANT OF SOFTWARE LICENSE

As long as the Licensee complies with the terms of this EULA, the Licensor grants the Licensee a non-exclusive right to use the SOFTWARE under the following conditions:

3.1. The Licensee may not distribute, rent, lease, or lend the SOFTWARE to anyone.

3.2. The Licensee may permanently transfer all of his/her rights under this EULA, provided the recipient agrees to the terms of this EULA.

3.3. If the SOFTWARE is identified as an academic or education edition version and Licensee qualifies as an academic end user, Licensee may install and access one (1) copy of the SOFTWARE on up to the permitted number of computers, as agreed to by Licensee and Licensor, but only for educational purposes and for no other purpose. Academic versions of the SOFTWARE may not be used for commercial, professional, or other for-profit purposes. Notwithstanding the foregoing, Licensee is not entitled to use the SOFTWARE unless Licensee qualifies in Licensee’s jurisdiction as an academic end user (e.g., student or personal learning versions of the SOFTWARE may only be used by faculty, staff members and degree, diploma or certificate-seeking students at qualified educational institutions).

4. WARRANTY

4.1. The Licensor warrants that

a)       The Licensor owns the SOFTWARE and documentation and/or is in possession of valid and existing licenses that support the terms of this Agreement

b)       The SOFTWARE conforms to specifications and functionality as specified in Documentation for a period of ninety (90) days from the date of receipt

c)        To the best of the Licensor’s knowledge, the SOFTWARE does not infringe upon or violate any intellectual property right of any third party

4.2. Warranty Disclaimer for Single, Site and Floating Licenses

4.2.1. Except as specifically set forth in section 4.1 above, no further warranty of any kind is being provided by Licensor, including, without limitation, any warranty that the Software and Source Code (if any delivered) shall be free from defects in design, material or workmanship.

4.2.2. The SOFTWARE and Source Code (if any delivered) are being delivered to the Licensee “AS IS” and the Licensor makes no warranty as to its use or performance. Licensee assumes total responsibility for the use of the SOFTWARE and Source Code (if any delivered).

4.2.3. To the maximum extent permitted by law and except as specifically set forth in section 4.1, the SOFTWARE and Source Code (if any delivered) are provided without warranties of any kind, either express or implied, and whether arising under law or from course of performance, course of dealing, or usage of trade, including, without limitation, any warranties of non-infringement, merchantability or fitness for a particular purpose. All such warranties are hereby expressly excluded by Licensor and forever waived by Licensee.

4.2.4. No advice or information given by Licensor, its affiliates or its contractors or their respective employees shall create a warranty or obligation of Licensor.

4.3. Warranty Disclaimer for Trial License

4.3.1. Except those warranties specified in section 4.1 above, the SOFTWARE is being delivered to the Licensee “AS IS” and the Licensor makes no warranty as to its use or performance.

4.4. The Licensor does not and cannot warrant the performance or results the Licensee may obtain by using the SOFTWARE. The entire risk arising out of use or performance of the SOFTWARE remains with the Licensee.

4.5. The Licensor gives no warranty, express or implied, that (i) the SOFTWARE and Source Code (if any delivered) will be of satisfactory quality, suitable for any particular purpose or for any particular use under specified conditions, notwithstanding that such purpose, use, or conditions may be known to the Licensor; or (ii) that the SOFTWARE will operate error free or without interruption or that any errors will be corrected.

5. LIMITATION OF LIABILITY

In no event will the Licensor be liable for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if the Licensor has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party.

In no event will the Licensee be liable to the Licensor on condition that the Licensee complies with all terms and conditions stated in this License.

6. TERMINATION

6.1. The term of this Agreement and the licenses granted herein shall begin on the effective date of this Agreement and shall continue as long as Licensee is using Licensor software or until the earlier termination of this Agreement pursuant to the provisions set forth herein.

6.2. Without prejudice to any other rights, the Licensor may terminate this EULA if YOU fail to comply with the terms and conditions.

6.3. Event of default ("Event of Default") under this Agreement means that Licensee fails to pay any amount due under this Agreement within the indicated time of the date such amount is due.

6.4. If an Event of Default occurs, the Licensor in the event of an Event of Default pursuant to Section 6.3 may, in its sole discretion, terminate this Agreement.

6.5. Upon termination or expiration of this Agreement for any reason whatsoever, Licensee shall immediately: (i) cease all use of the SOFTWARE and Source Code (if any delivered); and (ii) within ten (10) days, return or destroy (and have an authorized officer certify such destruction) the SOFTWARE and Source Code (if any delivered), including without limitation, removing all copies of the SOFTWARE and of Source Code (if any delivered) from Licensee computers and storage media.

7. NON-WAIVER

If a portion of this Agreement is held unenforceable, the remainder shall be valid. It means that if one section of the Agreement is not lawful, the rest of the Agreement is still in force. A party’s failure to exercise any right under this Agreement will not constitute a waiver of (a) any other terms or conditions of this Agreement, or (b) a right at any time thereafter to require exact and strict compliance with the terms of this Agreement

8. AMENDMENT

The Licensor reserves the right at any time to modify this Agreement without notice and to impose new or additional terms or conditions on your use of your use of the Software. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Software will be deemed acceptance thereof.

9. GOVERNING LAW

This agreement shall be construed in accordance with the laws of Austria/European Union.

 

 


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