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SOFTWARE END USER LICENSE AGREEMENT
This Software License Agreement contains provisions regarding the scope of use of the Software and its associated material
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE PURCHASING AND INSTALLING THE SOFTWARE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS YOU SHOULD NOT PURCHASE THE SOFTWARE AS THE USE OF THE SOFTWARE IS SOLELY BASED ON THESE TERMS.
1. Usage Right
United Soft Media (hereinafter “USM”) grants you the non-exclusive right to use the Software via your respective end user device for your personal use only.
The term “Software” means the downloaded files inclusive all its features/elements and components, particularly the program itself, further content, including without limitation text, images, photographs, information or the like, as well as corresponding updates provided by USM, if any.
2. Restrictions
You are not entitled to lease, rent out, sub-license or in any other way re-distribute the Software or protected parts thereof or else market or use it for other commercial purposes without the explicit prior consent of USM. Any use exceeding personal use is subject to explicit prior consent from USM.
3. Copyright
The Software and the content contained therein are copyright protected. Exclusive copyright owners are USM and its licensors. The unpermitted use is forbidden and possibly prosecutable.
Apart from reproductions made during installation and use, your are also not entitled to copy the Software or parts thereof to other electronic storage devices. Use via servers in client server systems or through a network is generally illegitimate.
You are not entitled to amend, translate, re-engineer, decompile or disassemble, reproduce or produce derivative works deriving from the Software or parts thereof. The afore stipulations do not restrict any applicable statutory limitations of copyright.
4. Warranty
The statutory warranty law for sales (“kaufrechtliches Gewährleistungsrecht”) applies.
Please note that computer software cannot be programmed in a way that it works error free in all combinations; this is state-of the art. Therefore, subject matter of the License Agreement is a workable actual and established Software (at the time of the purchase date) for the customary purpose related to the respective product information and respective intended end user device.
USM and its licensors are thus not responsible for the absence of defectiveness of the Software. In particular, USM and its licensors do not warrant that the Software is fit for a particular purpose or meets the expectations of the buyer or works error-free together with other programs.
The support of sequels or substitute versions of an operating system or device and consequently any kind of updates related thereto cannot be expected and is not subject matter of or owed pursuant to this License Agreement.
5. Limitation of Liability
USM and its licensors shall not be liable to you or any third party for damages resulting from breach of statutory warranty law (Gewährleistungsrecht, insb.Nichterfüllung der Nachbesserung, Fehlschlagens der Ersatzlieferung) failure of performance (Unmöglichkeit der Leistung), event of default (Verzug), “positive violation of a contractual duty” (Positive Forderungsverletzung),inequitable conduct at the time of signing the contract (Verschulden bei Vertragsschluss) or from tort, unless USM, its licensors or USM’s executive employees acted willfully or grossly negligent. The aforementioned limitation of liability does not apply in cases of product liability, breach of an essential contractual duty (“Kardinalpflichtverletzung”) and injuries to life or health.
In cases of breach of an essential contractual duty (Kardinalpflichtverletzung), the liability of USM and its licensors is limited to the typical and foreseeable damage.
6. Termination
The License will terminate automatically if you breach any of the terms of this License Agreement in a manner that justifies a termination for cause without a warning letter (Abmahnung). Upon termination of this License Agreement you are obliged to destroy/delete all existing copies of the Software. All further rights and claims from a breach of this License Agreement remain unaffected hereby.
7. Governing Law general provisions
This Agreement shall be governed and interpreted in accordance with the laws of Germany, without reference to conflicts of laws principles. The United Nations Conventions on Contracts for the International Sale of Goods shall not be applicable to this Agreement. If for any reason a court of competent jurisdiction finds any provision of this License Agreement or portion thereof to be unenforceable, the remainder of this License Agreement shall continue in full force and effect. The unenforceable provision shall be replaced by an enforceable provision of the content as close as possible to the intent of the unenforceable provision.
In case of any queries or need of further information, please contact United Soft Media Verlag GmbH, Thomas-Wimmer-Ring 11, 80539 Munich. www.usmgames.com
This Software License Agreement contains provisions regarding the scope of use of the Software and its associated material
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE PURCHASING AND INSTALLING THE SOFTWARE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS YOU SHOULD NOT PURCHASE THE SOFTWARE AS THE USE OF THE SOFTWARE IS SOLELY BASED ON THESE TERMS.
1. Usage Right
United Soft Media (hereinafter “USM”) grants you the non-exclusive right to use the Software via your respective end user device for your personal use only.
The term “Software” means the downloaded files inclusive all its features/elements and components, particularly the program itself, further content, including without limitation text, images, photographs, information or the like, as well as corresponding updates provided by USM, if any.
2. Restrictions
You are not entitled to lease, rent out, sub-license or in any other way re-distribute the Software or protected parts thereof or else market or use it for other commercial purposes without the explicit prior consent of USM. Any use exceeding personal use is subject to explicit prior consent from USM.
3. Copyright
The Software and the content contained therein are copyright protected. Exclusive copyright owners are USM and its licensors. The unpermitted use is forbidden and possibly prosecutable.
Apart from reproductions made during installation and use, your are also not entitled to copy the Software or parts thereof to other electronic storage devices. Use via servers in client server systems or through a network is generally illegitimate.
You are not entitled to amend, translate, re-engineer, decompile or disassemble, reproduce or produce derivative works deriving from the Software or parts thereof. The afore stipulations do not restrict any applicable statutory limitations of copyright.
4. Warranty
The statutory warranty law for sales (“kaufrechtliches Gewährleistungsrecht”) applies.
Please note that computer software cannot be programmed in a way that it works error free in all combinations; this is state-of the art. Therefore, subject matter of the License Agreement is a workable actual and established Software (at the time of the purchase date) for the customary purpose related to the respective product information and respective intended end user device.
USM and its licensors are thus not responsible for the absence of defectiveness of the Software. In particular, USM and its licensors do not warrant that the Software is fit for a particular purpose or meets the expectations of the buyer or works error-free together with other programs.
The support of sequels or substitute versions of an operating system or device and consequently any kind of updates related thereto cannot be expected and is not subject matter of or owed pursuant to this License Agreement.
5. Limitation of Liability
USM and its licensors shall not be liable to you or any third party for damages resulting from breach of statutory warranty law (Gewährleistungsrecht, insb.Nichterfüllung der Nachbesserung, Fehlschlagens der Ersatzlieferung) failure of performance (Unmöglichkeit der Leistung), event of default (Verzug), “positive violation of a contractual duty” (Positive Forderungsverletzung),inequitable conduct at the time of signing the contract (Verschulden bei Vertragsschluss) or from tort, unless USM, its licensors or USM’s executive employees acted willfully or grossly negligent. The aforementioned limitation of liability does not apply in cases of product liability, breach of an essential contractual duty (“Kardinalpflichtverletzung”) and injuries to life or health.
In cases of breach of an essential contractual duty (Kardinalpflichtverletzung), the liability of USM and its licensors is limited to the typical and foreseeable damage.
6. Termination
The License will terminate automatically if you breach any of the terms of this License Agreement in a manner that justifies a termination for cause without a warning letter (Abmahnung). Upon termination of this License Agreement you are obliged to destroy/delete all existing copies of the Software. All further rights and claims from a breach of this License Agreement remain unaffected hereby.
7. Governing Law general provisions
This Agreement shall be governed and interpreted in accordance with the laws of Germany, without reference to conflicts of laws principles. The United Nations Conventions on Contracts for the International Sale of Goods shall not be applicable to this Agreement. If for any reason a court of competent jurisdiction finds any provision of this License Agreement or portion thereof to be unenforceable, the remainder of this License Agreement shall continue in full force and effect. The unenforceable provision shall be replaced by an enforceable provision of the content as close as possible to the intent of the unenforceable provision.
In case of any queries or need of further information, please contact United Soft Media Verlag GmbH, Thomas-Wimmer-Ring 11, 80539 Munich. www.usmgames.com