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End User License Agreement for
Constructioner® WebTechnology by Artware Multimedia GmbH

Important: This End User License Agreement ("EULA") is a legal agreement between you and Artware Multimedia GmbH. Read it carefully before using the SOFTWARE. It provides a license to use the SOFTWARE and contains warranty information and liability disclaimers. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement do not install or use the SOFTWARE.

1. Definitions

(a) "ARTWARE": means Artware Multimedia GmbH
(b) "SOFTWARE": means the Constructioner‚ Development Software, all by ARTWARE developed and on the Constructioner‚ WebSite for internet download supplied FUNCTIONS, and corresponding documentation, associated media, printed materials, and online or electronic documentation.
(c) "LICENSE KEY": means the Constructioner‚ Public Access Key, that enables public access to a WEBAPPLICATION for PUBLIC USERS.
(d) "WEBAPPLICATION": means an application developed with the SOFTWARE.
(e) "FUNCTIONS": means modular properties of the SOFTWARE with which functionalities are integrated into the application. These are either already integrated into the SOFTWARE at the delivery status or they can be integrated into the SOFTWARE retrospectively.
(f) "THIRD PARTY FUNCTIONS": means these FUNCTIONS that are not integrated into the SOFTWARE at the delivery status and derive from a third party - so not from ARTWARE. They can be integrated into the SOFTWARE retrospectively.
(g) "PUBLIC USER": public user of the WEBAPPLICATION, complies with an user with the technical access profile "PUBLIC".
(h) "BACKOFFICE USER": user of the SOFTWARE, who is no PUBLIC USER.

2. License Grants

(a) The SOFTWARE is a Freeware with the restriction, that public access to the WEBAPPLICATION is only provided by using a valid LICENSE KEY. Within the scope of this EULA it may be non-restricted used, copied or downloaded.
(b) You may use the LICENSE KEY for only one WEBAPPLICATION, in fact only for the web-address indicated at the generation (complies with Unique Resource Locator = URL).

3. License Restrictions

(a) You may not distribute copies of the SOFTWARE or the LICENSE KEY. You may not distribute the SOFTWARE or parts of it, as a component of another software.
(b) As the owner of a LICENSE KEY you are responsible for keeping this key secret. If any third party gets access to your LICENSE KEY due to willful or negligent act, you are liable for the damage that arises ARTWARE.
(c) By installing the SOFTWARE or owning a LICENSE KEY you are responsible for the agreement of all BACKOFFICE USER to all terms and conditions of this EULA.
(d) Except for backup and installation purposes the SOFTWARE must not be reproduced on any type of media (including, but not limited to, CD-ROM, DVD or internet download) without the formal approval from ARTWARE.
(e) You may not modify, combine, assimilate, translate, decompile, reverse engineer, disassemble, or otherwise reduce the SOFTWARE to a human-perceivable form (except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation).
(f) You may not rent, lease, lend, or sublicense the SOFTWARE or make any copy of the SOFTWARE, or otherwise encumber any of the rights granted herein.
(g) You may not modify the SOFTWARE or create derivative works based upon the SOFTWARE.
(h) You may not export the SOFTWARE into any country prohibited either by the EU Embargo or by the United States Export Administration Act and the regulations there under. In these countries the Internet download and the use of the SOFTWARE is generally forbidden.
(i) With the use of the SOFTWARE and the involved supply of the contents in the Internet, you comply with the law on communications, legal for your location and the transmission, and accordingly you comply with the adequate law in the particular country.
(j) In the event that you fail to comply with this EULA, ARTWARE may terminate the license anytime and ARTWARE may apply you to destroy all copies of the SOFTWARE immediately. The limitations of warranties and liability set forth in this EULA shall continue in force even after termination.

4. Upgrades

If this copy of the SOFTWARE is an upgrade from an earlier version of the SOFTWARE, it is provided to you on a license exchange basis. You agree by your installation and use of this copy of the SOFTWARE to voluntarily terminate your earlier EULA and you will not continue to use the earlier version of the SOFTWARE.

5. Copyright and Ownership

The foregoing license gives you limited license to use the SOFTWARE. ARTWARE retains all rights, title and interest, including all copyrights, in and on the SOFTWARE and all copies thereof. All rights not specifically granted in this EULA, including Federal and International copyrights, are reserved by ARTWARE. The SOFTWARE is licensed but not sold.
 
The displayed works of art in the example "Net-Gallery" are protected under the copyright of the respective owners. In particular, it is not permitted to reproduce, to alter, to print or to publish these works of art.

6. Disclaimer of Warranty and Liability

Limited Warranty
 
The SOFTWARE is provided "as is" and with all deficiencies, without any right to technical support and without warranty of ARTWARE. To the maximum extent permitted by applicable law, ARTWARE and its suppliers hereby disclaim all warranties, either express or implied, or otherwise including, but not limited to the warranties of merchantability and fitness for a particular purpose. There is no warranty of non-infringement, title or quiet enjoyment, with regard to the SOFTWARE, and the provision of or failure to provide support services. In addition whether warranty of title nor quiet enjoyment is assured. Some states do not allow the exclusion of implied warranty, so the above exclusion may not apply to you. You may also have other legal rights that vary from state to state.
 
Limited Liability
 
To the maximum extent permitted by applicable law, in no event shall ARTWARE or its suppliers be liable for any special, incidental, indirect, or consequential damages (including but not limited to the loss of business or business profits, business interruption, loss of business information, breach of contract, tort including negligence, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE or the provision of or failure to provide support services, even if ARTWARE has been advised of the possibility of such damages. Some states do not allow the exclusion of liability for incidental or consequential damages, so this limitation may not apply to you. ARTWARE's total liability to you or third parties for any claims for damages are herewith limited to 100 (one hundred) Euro.

7. Third Party Functions

The SOFTWARE does not contain third party software. But the SOFTWARE enables the additional installation of third party software - so called "THIRD PARTY FUNCTIONS". In the range of the Constructioner‚ WebSite, ARTWARE enables third parties to offer THIRD PARTY FUNCTIONS. You are aware, that such THIRD PARTY FUNCTIONS have not been created by ARTWARE, but by a third party, with whom ARTWARE is not connected economically and/or in the range of technical development.
 
Herewith you assure not to sell any modified or unmodified THIRD PARTY FUNCTION as a self-contained product, without third party's prior written permission. Furthermore you are aware that, where applicable, you have to accept specific terms and conditions between you and third parties for the use of such THIRD PARTY FUNCTIONS.
 
Disclaimer of Warranty and Liability
 
THIRD PARTY FUNCTIONS are provided "as is" and with all deficiencies, without any right to technical support and without warranty of ARTWARE. Concerning the Disclaimer of Warranty and Liability obtain the rules under point 6 in this EULA.

8. General Provisions

This EULA shall be governed by the internal laws of Austria. Place of jurisdiction is Vienna. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
 
This EULA is also available in a German translation - for a legal interpretation of the present subject terms of contract, the German Version has to be applied. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The contractual partners engage to replace void provisions or such which become void, of this EULA with a regulation having the most similar sense as this provision.

Downloads: license_EN.pdf | license_DE.pdf