Normica View 2013

EULA - End User License Agreement

END-USER LICENSE AGREEMENT FOR NORMICA SOFTWARE
PLEASE RETURN ANY ACCOMPANYING REGISTRATION FORM TO RECEIVE REGISTRATION BENEFITS
PLEASE READ THIS CAREFULLY: It contains the terms on which this NORMICA computer program is being licensed to you.
This NORMICA End-User License Agreement ("IBEL") is a legal agreement between you (either an individual or a single entity) and NORMICA for the NORMICA software product identified above, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE").
By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this IBEL. If you do not agree to the terms of this IBEL, do not install, copy, or use the SOFTWARE PRODUCT and promptly return the unused SOFTWARE PRODUCT to the place from which you obtained it for a full refund.
1. SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
2. GRANT OF LICENSE
NORMICA grants you a nonexclusive, nontransferable license to use the enclosed program ("SOFTWARE PRODUCT") according to the terms and conditions herein.
This IBEL permits a single user to install the software on only one computer at one location at any one time.
3. NETWORK INSTALLATION
However, if this software is being licensed to you for use on a networked system (certain products only), you may operate the SOFTWARE as a multiple-user installation with either
The maximum number of concurrent users being one (1) so that multiple individuals may access the SOFTWARE PRODUCT, but that only one person a time may do so, or
The maximum number of concurrent users being two (2) or more, in which case you must buy a license and a document pack for each concurrent user. You may use of the Software over such network, provided the number of different computers on which the Software is used does not exceed the Permitted Number of Computers. For example, if there are 100 computers connected to the server, with no more than 15 computers ever using the Software concurrently, but the Software will be used on 25 different computers at various times, the permitted Number of computers for which you need a license is 25.
4. BACKUP
Regardless of which alternative you choose, this IBEL permits you to make only one backup copy of the SOFTWARE PRODUCT. This SOFTWARE PRODUCT may contain a printed manual and accompanying documentation (the "DOCUMENTATION) or electronic documentation. If the documentation is in printed form, it may not be copied. If the documentation is in electronic form, you may print one (1) copy, which may not be copied.
5. NORMICA FLOATING LICENSE
If you have acquired this NORMICA Enduser License (IBEL) with an status of > NORMICA Floating Licenselt;, you are entitled, to produce the number of additional copies of the software part of the product NORMICA indicated on the printed copy of this IBEL and use them in the manner indicated above.
6. NORMICA NFR (NOT FOR RESALE)
If the software product NORMICA is marked as "Not For Resale" or "NFR", you are not entitled to resell the software product NORMICA or to transfer it in any other way for an equivalent value notwithstanding other parts of this IBEL. Nor are you entitled to give this software away, nor to transfer the rights to a third party.
7. DEMO VERSION; FOR EVALUATION PURPOSES ONLY
NORMICA offers the use of a restricted version of NORMICA for evaluation purposes for free. This version may only be used for testing. For these tests only the test files included may be used. Any other use and commercial usage of this Version is precluded, except in the case of a written license by NORMICA. Only the full version which is licensed according to the law is authorized for commercial use.
8. LIMITATIONS ON REVERSE-ENGINEERING; DECOMPIATION AND DISASSEMBLY
You shall not modify, translate, reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
9. RENTAL
You may not rent or lease the SOFTWARE PRODUCT.
10. SOFTWARE TRANSFER
You may permanently transfer all of your rights under this IBEL, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this IBEL, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this IBEL. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT
11. TERMINATION
Without prejudice to any other rights, NORMICA may terminate this IBEL if you fail to comply with the terms and conditions of this IBEL. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
12. SUPPORT SERVICE
NORMICA may offer you support service in combination with the SOFTWARE PRODUCT ("support service"). The support service can be made use of according to the terms and programs of NORMICA, described in the manual, the online documentation and/or other materials provided by NORMICA. Any supplementary software code which you receive as part of the support service is regarded as a part of the NORMICA SOFTWARE PRODUCT NORMICA and updates, and is subject to the terms of this IBEL.
13. UPDATES
A SOFTWARE PRODUCT called service-update or release-update, replaces and/or supplements the PRODUCT which is the basis for the update. You are obliged to use the update product only in ways consistent with the terms of this IBEL.
14. COPYRIGHT
All rights, title, and copyrights in and to the SOFTWARE PRODUCT (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT are owned by NORMICA or its suppliers. You may not copy the printed materials, if any, accompanying the SOFTWARE PRODUCT.
15. LIMITED WARRANTY
NORMICA warrants to you that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following your receipt of the Software. To make a warranty claim, you must return the Software to the location where you obtained it along with a copy of your sales receipt within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at NORMICA's option, the replacement of the Software or the refund of the license fee you paid for the Software. NORMICA AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR NORMICA'S OR ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, NORMICA AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction. For further warranty information, please contact NORMICA's Customer Support Department.
16. LIMITATION OF LIABILITY
NORMICA's entire liability and your exclusive remedy under this IBEL shall not exceed five dollars (US$5.00).
17. NO WARANTIES
To the maximum extent permitted by applicable law, NORMICA expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
18. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall NORMICA or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, usiness interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use, this NORMICA product, even if NORMICA has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
19. DISCLAIMER
CAD plot-data software and other technical software are tools intended to be used by trained professionals only. They are not substitutes for your professional judgement. CAD plot-data software are intended to assist with modifying features and are not substitutes for independent testing of product stress, safety and utility. Due to the large variety of uses for the software, the software has not been tested in all situations under which it may be used. NORMICA shall not be liable in any manner whatsoever for the results obtained through the use of the SOFTWARE PRODUCT. Persons using the SOFTWARE are responsible for the supervision, management, and control of the SOFTWARE. This responsibility includes, but is not limited to, the termination of appropriate uses of the software and the selection of the software and other programs to achieve intended results. Persons are using the software are also responsible for establishing the adequacy of independent procedures for testing the reliability and accuracy of any program output, including all items designed by using the software.
20. GENERAL
This license shall terminate without further notice or action by NORMICA if you, the licensee, shall become corrupt, make an arrangement with your creditors or go into liquidation.
This Agreement shall not be governed by the 1980 UN Convention of Contracts for Sales and Goods. This Agreement shall be governed by the laws of Germany, and all disputes shall be decided by the courts of Bavaria-Germany. This Agreement is the entire agreement between us and supersedes any other communications or advertising with respect to the Software and Documentation. If you have any question contact NORMICA.
If any provision of this IBEL conditions is found to be invalid or otherwise unenforceable, the further conditions of this IBEL will remain fully effective and the parties will be bound by obligations which approximate, as closely as possible, the effect of the provision found invalid or enforceable, without being themselves invalid or enforceable.
21. JURISDICTION
Any disputes arising hereunder will be settled before a competent Munich, Germany court of law.