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
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