NEURONprocessing PartG mbH
SOFTWARE LICENSE AGREEMENT FOR THE NEURONprocessor / NEURONpublisher SOFTWARE
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE OPERATING THE NEURONprocessor / NEURONpublisher SOFTWARE. BY USING THE NEURONprocessor / NEURONpublisher Software, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE FOLLOWING LICENSE AGREEMENT. YOU DO NOT USE THE SOFTWARE IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT.
NEURONprocessing PartG mbH hereby grants you the right to use the NEURONprocessor / NEURONpublisher software including the documentation, regardless of whether it is stored on a floppy disk, a ROM or another data medium. Furthermore, NEURONprocessing PartG mbH reserves all rights that are not expressly granted to you. The licenses granted under this contract are limited to the copyrights of NEURONprocessing PartG mbH and do not include any other patents or copyrights. If you have received the NEURONprocessor / NEURONpublisher software on a data medium, then only the data carrier on which the NEURONprocessor / NEURONpublisher software is located will become your property; NEURONprocessing PartG mbH is the owner of all property rights or other rights to the NEURONprocessor / NEURONpublisher software. Rights granted under this license include any software updates that supersede and / or supplement the original NEURONprocessor / NEURONpublisher software product unless such update includes a separate license.
2. Usage and restrictions
The Licensor hereby grants you the right to install and use the NEURONprocessor / NEURONpublisher software. The NEURONprocessor / NEURONpublisher Software may be used to reproduce materials provided such use is limited to the reproduction of materials that are not copyrighted, copyrighted or authorized to be reproduced by you, or authorized by law. You are prohibited from providing NEURONprocessor / NEURONpublisher software over a network where it can be used by more than one computer at a time. You may create a machine-readable copy of the NEURONprocessor / NEURONpublisher software for backup purposes. You are obliged to include on every copy of NEURONprocessor / NEURONpublisher software the copyright and other proprietary notices contained on the original. You agree to refrain from copying, decompiling, reverse engineering or disassembling, modifying, or creating derivative works of the NEURONprocessor / NEURONpublisher Software or any portion thereof, except as expressly permitted under this License Agreement or as permitted by law, the NEURONprocessor / NEURONpublisher Software is. THE NEURONprocessor / NEURONpublisher Software MAY NOT BE USED IN OR RELATED TO THE OPERATION OF NUCLEAR POWER, AIRCRAFT, COMMUNICATION SYSTEMS, AIR-MONITORING, LIFE-STORING EQUIPMENT, OR OTHER MACHINES; IN SUCH CASES, AN ERROR IN THE NEURONprocessor / NEURONpublisher Software MAY LEAD TO DEATH, BODILY INJURY, OR SERIOUS PROPERTY DAMAGE AND ENVIRONMENTAL DAMAGE.
You may not rent, lease, lend or sublicense the NEURONprocessor / NEURONpublisher software for the NEURONprocessor / NEURONpublisher software. You do not have permission to transfer your license to a third party.
4. Consent to the use of data
You agree that NEURONprocessing PartG mbH may collect and use technical and related information, including but not limited to, technical information about your computer, system software, software programs, and peripherals, as applicable to the NEURONprocessor / NEURONpublisher software are. This information is collected on a regular basis to facilitate the provision of software updates, product support, and other services to you (if any) and to verify compliance with this license. NEURONprocessing PartG mbH is entitled to use this information to improve our products or to provide you with services and technologies, provided that this information is used in a form that does not allow any conclusions as to your person.
5. Other services
You hereby acknowledge that the Services include, but are not limited to, graphics, audio clips and editorial content, proprietary information and materials owned by NEURONprocessing PartG mbH and / or its licensors and applicable laws for the protection of the intellectual property or other laws, including, but not limited to, copyright. You agree not to use such proprietary information and materials for any purpose other than to allow the Services to be used. The services or parts thereof, in whatever form, may not be reproduced. You agree not to modify, rent, lease, loan, sell, distribute, or create any derivative works of the Services in any manner whatsoever. You also agree not to misuse these Services, including, but not limited to, network intrusion or network capacity drain.
NEURONprocessing PartG mbH reserves the right to change, temporarily suspend, remove or disable access to any services at any time without notice. NEURONprocessing PartG mbH assumes no liability for the cessation of any services or the deactivation of access. NEURONprocessing PartG mbH is entitled to limit the use of or access to certain contents or parts of the services at any time without prior notification and without liability.
6. running time
This license agreement is valid until its expiration. Your rights under this license agreement automatically terminate without notice from NEURONprocessing PartG mbH if you breach any of the provisions of this license agreement. Upon termination of this License Agreement, you are required to discontinue use of the NEURONprocessor / NEURONpublisher Software and destroy any or all copies of the NEURONprocessor / NEURONpublisher Software in your possession.
7. Limited warranty for media
For a period of thirty (30) days from the date of the original purchase, NEURONprocessing PartG mbH warrants that the media on which the NEURONprocessor / NEURONpublisher software is stored and provided by NEURONprocessing PartG mbH will be free from material under normal use - and manufacturing errors are. Your exclusive remedy under this paragraph shall be, at the discretion of NEURONprocessing PartG mbH, a refund of the purchase price of the Product comprising the NEURONprocessor / NEURONpublisher Software, or a replacement of the NEURONprocessor / NEURONpublisher Software containing a copy of the proof of purchase to the NEURONprocessing PartG mbH or returned to an authorized dealer.
THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES FOR THE MEDIA, INCLUDING, IN PARTICULAR, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THIRD (30) DAYS FROM THE DATE OF ORIGINAL CUSTOMER PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY AND EXCLUSIVE WARRANTY OF ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDED IN THE DOCUMENTATION OR THE PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
8. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE NEURONprocessor / NEURONpublisher Software (AS DEFINED ABOVE) AND SERVICES (AS DEFINED ABOVE) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND WEAR EFFORT. SUBJECT TO THE LIMITED, LIMITED WARRANTY OF THE PRIVACY AND THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEURONprocessor / NEURONpublisher Software AND SERVICES IS PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE Neuro Processing PartG mbH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF NEURONprocessor / Neuro Publisher Software AND SERVICES AB, EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING, THE IMPLIED WARRANTIES AND / OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, UNAUTHORIZED OWNERSHIP AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEURONprocessing PartG mbH MAKES NO WARRANTY THAT THE UNLAWFUL OWNERSHIP OF NEURONprocessor / NEURONpublisher Software OR SERVICES WILL NOT BE AFFECTED THAT THE FUNCTIONS IN THE NEURONprocessor / NEURONpublisher Software OR THE SERVICES WILL MEET YOUR REQUIREMENTS THAT THE OPERATION OF THE NEURONprocessor / NEURONpublisher Software OR SERVICES MALFUNCTION OR ERROR FREE OR THAT ERRORS IN THE NEURONOprocessor / NEURONpublisher Software OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR STATEMENT BY NEURONprocessing PartG mbH OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE NEURONprocessor / NEURONpublisher Software OR SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CUSTOMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
WHERE NOT PROHIBITED BY LAW EXTENT THE Neuro Processing PartG mbH NOT BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR THE USE OF THE NEURONprocessor / NEURONpublisher SOFTWARE OR SERVICES OR THE IMPOSSIBILITY OF USING THE NEURONprocessor / NEURONpublisher Software OR SERVICES, OR RELATED TO THE LEGAL BASIS OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE NEURONprocessing PartG mbH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no case shall the total liability of NEURONprocessing PartG mbH exceed the sum of fifty euros (€ 50,00) for all damages (except compulsory legal liability in case of personal injury). The above limitations apply even if the above remedy does not fulfill its original purpose.
10. export controls
You agree that the NEURONprocessor / NEURONpublisher software will only be executed in compliance with all applicable export regulations of the country in which you received the NEURONprocessor / NEURONpublisher software and the Federal Republic of Germany. In particular, NEURONprocessor / NEURONpublisher software may not be exported or re-exported to a country over which the Federal Republic of Germany has imposed an embargo, or given to a person listed on the US Treasury Department or the Denied Person's List or Entity List of the US Department of Commerce. By using the NEURONprocessor / NEURONpublisher software, you declare that you are neither resident in one of these countries nor listed on any of the aforementioned lists.
11. Applicable law and partial nullity
This License Agreement is governed by the laws of the Federal Republic of Germany as applied to contracts concluded between German residents in Germany. This License Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods, the use of which is hereby expressly excluded. The ineffectiveness of individual provisions of this license agreement does not affect the validity of the rest of the contract.
This License Agreement contains the entire agreement between the parties with respect to the NEURONprocessor / NEURONpublisher Software licensed under this Agreement and supersedes all prior oral or written agreements in this regard. Changes and additions to this contract must be made in writing. Any translation of this license agreement is made for local use. In case of discrepancies between the German and the non-German version, the German version of this license agreement is valid.
NEURONprocessing PartG mbH 2006 - 2017