MA.inDie™ END-USER LICENSE AGREEMENT
IMPORTANT - PLEASE READ CAREFULLY
THIS END-USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND MA ENGINEERING ("MA.inDie™") FOR THE MA.inDie™ SOFTWARE PRODUCTS ACCOMPANYING THIS AGREEMENT, WHICH INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE "ONLINE" OR ELECTRONIC DOCUMENTATION, ASSOCIATED MEDIA, AND PRINTED MATERIALS ("SOFTWARE"). BEFORE YOU CLICK ON THE "ACCEPT" BUTTON BELOW AND COMPLETE THE INSTALLATION PROCESS, CAREFULLY READ THIS AGREEMENT. BY CLICKING THE "ACCEPT" BUTTON, YOU CONSENT TO THE TERMS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON AND DO NOT DOWNLOAD ANY SOFTWARE FROM THIS SITE.
- SOFTWARE OF THIRD-PARTY MANUFACTURERS.
Notwithstanding the terms and conditions of this AGREEMENT, all or any portion of the SOFTWARE which constitutes non-proprietary MA.inDie™ software or software provided under Open source license by third parties ("third-party software"), is licensed to you subject to the terms and conditions of the software license agreement accompanying such third-party software. Use of the third-party software by you shall be governed entirely by the terms and conditions of such license. You can find the license terms and conditions in the file MA ENGINEERING Third-Party Licenses or contact MA ENGINEERING support. MA.inDie™ software includes some open source software source code that may be used and modified by anyone and everyone, provided they, in turn, make it available to everyone else with the same licensing agreement. Please contact MA ENGINEERING support for the original source code of components licensed under Open source licenses.
- GRANT OF LICENSE.
MA.inDie™ grants you a personal, non-exclusive, non-transferable right to use the SOFTWARE provided that you comply with all terms and conditions of this AGREEMENT.
- PERMITTED USE OF THE SOFTWARE.
You may install and use the SOFTWARE as whole or in parts (single files, e.g. DLLs etc.) on an unlimited number of computers. You may solely use the SOFTWARE for the purpose to operate a MA.inDie™ product.
You may not rent, lease, sub-license, or lend the SOFTWARE or any portions thereof to others, except as expressly granted in this section 4. You may transfer the SOFTWARE in whole or in parts (single files, e.g. DLLs etc.) to another individual/entity provided that the transferee accepts the terms of this AGREEMENT.
You may not copy or use the SOFTWARE except as set forth in this AGREEMENT. You may not remove any proprietary notices or labels on the SOFTWARE; any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on and in the SOFTWARE.
- LIMITATION ON REVERSE ENGINEERING.
You agree not to modify, adapt, reverse engineer, decompile, or disassemble the SOFTWARE or otherwise attempt to discover the source code of the SOFTWARE or algorithms contained therein or create any derivative works from the SOFTWARE, except as expressly provided in this AGREEMENT.
- PROPRIETARY RIGHTS.
All intellectual property rights in the SOFTWARE are owned by MA ENGINEERING or its suppliers and are protected by copyright laws and international copyright treaties. You shall not remove any product identification, copyright notices or proprietary restrictions from the SOFTWARE.
- DISCLAIMER OF WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MA ENGINEERING AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE PRODUCT. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety.
- LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MA ENGINEERING OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF MA ENGINEERING OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- GOVERNING LAW AND JURISDICTION.
This AGREEMENT shall be considered to have been entered into and construed in accordance with the laws of Germany. For all controversies between the parties or claims based on this AGREEMENT the District Court Hamburg shall have jurisdiction. Failure by either party to enforce any term of this AGREEMENT shall not be deemed to be a waiver of future enforcement of that term or any other term. You agree that this AGREEMENT shall be enforceable in a court of equity and acknowledges that a breach by you of the terms of this AGREEMENT may not be adequately remedied by an award of damages and that MA ENGINEERING shall therefore be entitled to injunctive or other equitable relief in the event of such breach. You further agree that the election by MA ENGINEERING to seek equitable relief shall not preclude it from also seeking relief at law.
This AGREEMENT is the complete and exclusive statement of the agreement between the parties and supersedes all prior agreements and communications with respect to the subject matter. This AGREEMENT shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns and cannot be modified except by a written document signed by both parties. If any provision of this AGREEMENT is held invalid, the offending clause will be modified so as to be enforceable and, as modified, shall be fully enforced, and the remainder of this AGREEMENT will continue in full force and effect.