End User License Agreement for the use of METRAwin 90 under a Company Site License

IMPORTANT!
Read this agreement carefully before you install the software! 

This End User License Agreement (EULA) is a legally binding contract between you as a "Licensee" (as either natural or legal person) and GMC-I Messtechnik GmbH as the "Licensor" (legal owner). By installing the software, using or allowing someone the use of the software you agree to the terms of the license agreement and their observance.

If you do not accept the terms of this license agreement, you are not entitled to install or use the software. In this case, the purchased software package, including all the included parts and the proof of purchase must be returned to the supplier immediately. The purchase net price will be refund in full amount. After request or receipt of the program license key (unlock key) reimbursement of the purchase price is no longer possible.

L I C E N S E   A G R E E M E N T

1 Subject of the Contract
(1) The subject of this contract are the computer programs recorded on the delivered data carrier (CD-ROM) or directly downloaded from the Licensors homepage or received by e-mail, and may include associated media, printed materials and documentation in electronic format, hereinafter comprehensively referred to as "Software". The Software also includes all updates and additions to the originally supplied Software.
(2) The licensor draws attention to the fact that in view of the current state of the art, it is not possible to create computer software such that it functions free from error in all applications and combinations. The subject of the Agreement is merely a Software which is fundamentally fit for use as stated in the description of the program and in the User's Guide.
(3) WARNING: THE SOFTWARE IS NOT FAULT-TOLERANT, AND IS NOT DESIGNED OR INTENDED FOR USE IN ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE!

2 Extend of Use
(1) The Licensor grants to the Licensee under this contract, the non-exclusive right to install and use (also simultaneously) the software on a server or an unlimited number of workstations, provided that all such computers are owned by the licensee or are located on its premises. Essential for this is the company name and its location given when requesting the license key. Different subsidiaries of the same company require separate licenses!
(2) Test period: For testing purposes, the software can be used for 30 days without a license key.
(3) Registration: To use the software fully after this trial period, a license has to be purchased and the software must be registered at the Licensor and permanently activated by entering the submitted license key.

3 Special Restrictions
(1) The Licensee is prohibited,
a) without prior written consent from the Licensor, to transfer the Software or the associated printed material to a Third Party or otherwise making it accessible to a Third Party,
b) to modify, translate, reverse-engineer, decompile, or disassemble the Software,
c) to copy or to modify the pertinent material.
A right to the source code is excluded.

 4 Ownership of Rights
(1) By licensing the Software the purchaser receives only ownership of the physical media on which the Software is recorded (not applicable if downloaded from Web or received by e-mail). The licensee also receives the right of use agreed in this contract. The acquisition of rights to the Software itself is not involved.

5 Copyright
(1) The Software and the associated printed material are protected by copyright.
(2) You are only permitted to make one single reserve copy, solely for backup purposes. You are obliged to attach the copyright endorsement of the Licensor onto the reserve copy or to adopt it therein. No copyright endorsement present in the Software may be removed.
(3) It is expressly prohibited to mix the Software as well as the printed material in whole or in part, in original or modified form together with other software or to copy or otherwise reproduce the Software in another software product in an enclosed form. 	

6 Transferal of the Right of Use
(1) The right to use the Software can only be transferred to a Third Party with the previous written consent from the Licensor and only under the conditions of this Agreement. Requirement for the transferal is that you pass on the full Software and all copies (including all associated parts) and do not retain any part of the Software. The recipient must agree to the terms of this agreement.
(2) Renting and leasing the Software are expressly prohibited.

7 Duration of the Agreement
(1) The Agreement runs for an unlimited period of time. 
(2) The right of the Licensee to use the Software automatically expires without notice, if the Licensee violates a condition of this Agreement. Upon the expiry of the right of use, the Licensee is obliged to destroy the original data carrier and all copies of the Software including any modified copies, as well as the printed material.

8 Compensation in the Event of a Violation of the Agreement
(1) The Licensee is liable for all damages resulting from infringements of copyright which arise for the Licensor from a violation of these Agreement conditions on the behalf of the Licensee.

9 Alterations and Updates
(1) The Licensor is entitled to create updates of the Software at its own discretion.
(2) The Licensor is not obliged to make available updates of the program to licensees who have not registered the Software or who have not purchased an update.

10 Guarantee and Liability of the Licensor
(1) The Licensor guarantees to the original licensee that the data carrier with the software (CD ROM / not applicable for web downloads) and associated material are free from material defects under normal operating conditions at the time of delivery.
(2) Should the data carrier be faulty, you are entitled to replacement during the guarantee period of 6 months as from the date of delivery. In this case, you are requested to return the data carrier including all spare copies and written material as well as a copy of the invoice or receipt of the software purchase to the licensor or dealer from whom the product has been purchased.
(3) If the defect in terms of Section 10, sub-section 1 is not remedied by offering replacement within a reasonable period of time, you have the right to demand a reduction of the purchase price or cancellation of the purchase contract, at your discretion.
(4) For the reasons quoted in Section 1, the licensor assumes no liability for the faultlessness of the software. In particular, the licensor assumes no guarantee that the software meets your requirements or fulfills your purposes or is compatible with other programs selected by the purchaser. The responsibility for the proper choice of programs as well as the consequences of software use and the intended or achieved results is to be borne by the purchaser. The same applies to the written and electronic material accompanying the software. If the software is principally unfit for use as definded in Section 1, sub-section 2, you have the right to rescind from the contract. The licensor has the same right if the manufacture of software that is fit for use in terms of Section 1, sub-section 2 is not possible with reasonable means and expenses involved.
(5) The liability of the licensor is excluded unless he is liable on the basis of mandatory legal regulations, e.g. for damage caused intentionally or by gross negligence, for the lack of warranted characteristics or the violation of obligations arising from a contract.
(6) The user applies the program expressly at his own risk. The licensor is not liable for damage caused or incurred by the user or by third parties as a consequence of the use or distribution of the software. In no case does the licensor assume liability for lost turnover or profit, the loss of data or for any direct, indirect, special, consequential, incidental or included damage caused by the use or the impossibility of use of the software product, irrespective of any theoretically existing, potential liability. The same applies if the licensor has been notified of the possibility of such damage.
(7) The licensor commits himself to examining the data carriers and/or the software provided for download with an up-to-date version of a commercially available virus scan software and, if applicable, to eliminate any virus prior to delivery. If the data carrier supplied or the software to be downloaded is infected with virus in spite of these measures, the liability of the licensor is excluded.

11 Applicable Law, Place of Fulfilment and Jurisdiction
(1) The law of the Federal Republic of Germany is exclusively applied, with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Place of fulfilment and jurisdiction is Nuremberg provided you are a registered trader, corpoate body under public law or special fund under public law. However, it is up to the licensor to institute legal proceedings at the purchaser's general place of jurisdiction as well.

12 Export Restrictions
(1) The exportation of the encryption technology included in the software is principally not subject to permission in compliance with currently valid regulations. Export to member states of the European Union is not subject to further restrictions. Pay attention to the existing economic sanctions and the import regulations of the respective third countries!

 2012 GMC-I Messtechnik GmbH, D-90449 Nuremberg
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