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EULA - End User License Agreement

THE FOLLOWING ARE THE TERMS AND CONDITIONS FOR USAGE AND PURCHASE OF SOFTWARE (PRODUCT) DEVELOPED BY MIRABYTE GMBH & CO. KG (GERMANY). YOU, THE LICENSEE/CUSTOMER, HAVE TO AGREE TO THESE TERMS BEFORE YOU MAY INSTALL AND USE THE PRODUCT. PLEASE USE THE DOWN-BUTTON OR THE SCROLLBARS ON THE RIGHT SIDE TO READ THE WHOLE TEXT.

END-USER LICENSE AGREEMENT (EULA)

1. Subject of this agreement.
Subject of this agreement is the software application on the provided media, as well as other written or digital material such as manuals, if not denoted as something else. This will be called "SOFTWAREPRODUCT" in the following. You obtain only the physical ownership of the media that is provided to you. Further rights on the SOFTWAREPRODUCT are not included. This is also the case if you did not receive the software on a physical media but over the internet or a similar channel (ESD or instant download version) or if the SOFTWAREPRODUCT was included in a bundle with another product (OEM version). The SOFTWAREPRODUCT is protected by copyright, trade mark right and copyright of titles (see 10). If there is any other software by another author or publisher on the media that is not directly integrated into the SOFTWAREPRODUCT (e.g. shareware, freeware and demos), this software is subject to its own terms and conditions which are displayed during its installation process.

2. Extend of allowed usage.
mirabyte GmbH & Co. KG ("mirabyte" in the following) allows you for the duration of this agreement the simple, non exclusive right (called "license" in the following) to use the supplied copy of the SOFTWAREPRODUCT on a single computer at once. You are allowed to make a copy of the media provided which is only intended for backup purposes. An advanced usage and the dissemination of the software to a third party is not allowed. The original media and the backup have to be preserved in a secure place. Giving the SOFTWAREPRODUCT away, renting it out or lending is explicitly not allowed. You are allowed to transfer the SOFTWAREPRODUCT to a third party, provided that if you are the person who initially licensed the SOFTWAREPRODUCT, you make a one-time permanent transfer of the SOFTWAREPRODUCT (including all component parts, the media and printed materials, any upgrades if applicable and this EULA) to another end user, provided that you do not retain any copies of the SOFTWAREPRODUCT. Prior to the transfer, the end user receiving the SOFTWAREPRODUCT must agree to all terms of this EULA.
If more than one license of the SOFTWAREPRODUCT has been purchased, you have received the corresponding amount of volumes or a license-certificate. - In any case these additional licenses are treated as normal single licenses of the SOFTWAREPRODUCT. - No further extended rights of use apply here.
If the SOFTWAREPRODUCT contains parts which are explicitly allowed to be given to a third party (runtime licenses or so called "redistributables") a description is provided in a separate document or in the online manual that defines the exact extent of the redistribution license. This description is an additional part of this agreement.

3. Special limitations.
The licensee is no allowed to
- give the SOFTWAREPRODUCT and written material to a third party or to make it accessible to a third party (an exception are the so called trial- or shareware versions of the SOFTWAREPRODUCT (which are explicitly declared as such). These are intended for free distribution. This also includes the deployment on CD-ROMs of magazines or internet download-archives),
- change, translate, reverse engineer, decompile or disassemble the SOFTWAREPRODUCT, or to create modified versions of the SOFTWAREPRODUCT (only for personal usage in range of possibilities that are provided by the SOFTWAREPRODUCT itself), remove or modify copyright-statements or trademarks
- translate, modify or duplicate the companion material or create modified versions of the written material, remove or modify copyright-statements or trademarks.

4. Limited Warranty.
The SOFTWAREPRODUCT is supplied state-of-the-art. mirabyte provides within 30 days from purchase date a free replacement a) for damaged volumes, as long as no distributor is responsible for this is b) in case that the SOFTWAREPRODUCT is, in the sense of the supplied description, generally not useable. If mirabyte is not able to fulfil this warranty, both parties have the right to cancel the contract and to refund the amount paid by the licensee. Specifications provided in brochures, advertisements, documentations and similar texts represent only a description and not a promise of features. The promise of a feature requires an explicit, written contract. This applies also for prices or specifications for further extensions and enhancements.

5. Liability.
The liability for the choice and the consequences of the use of the SOFTWAREPRODUCT as well as the intended or achieved results is assumed by the licensee. A liability for damages of any kind (included are loss of profit, loss of (business) information or any other financial loss), that occurred because of the use of the SOFTWAREPRODUCT or the incompetence to use this product, is explicitly excluded. This exclusion does not apply for damages that occurred because of gross negligence or intention of mirabyte.

6. Limitation of liability.
The liability in any case is limited to the actually paid specific price on purchase.

7. Privacy Policy.
Notice according to 33 BDSG (German law): The customer data is being saved. But the customer data will not be passed on to a third party or used for any other purpose.
The update mechanism which is integrated into the SOFTWAREPRODUCT transfers data to mirabyte. Mirabyte guarantees that this data does not contain any personal data or information about the system on which the SOFTWAREPRODUCT is installed. Only data that is required to provide the integrated update mechanism is transferred, such as product-id, version number, error codes or in case of a licensed version the serial number. The transferred data serves only the purpose of providing updates to the SOFTWAREPRODUCT and to increase the product quality. All data which is transferred is deleted by mirabyte as soon as it is not required any more for this purpose.

8. Payment.
If the SOFTWAREPRODUCT has been purchased directly from mirabyte, the license granted by this agreement starts not until the invoice value has been fully paid. Invoices are, if not marked differently, payable within 30 working days; after this period the customer is in delay of payment and has to pay interest on the invoice value with 7% over the base interest of the German Central Bank according to 1 Diskontsatz-Ueberleitungsgesetz (German law).

9. Retailer and Reseller.
We sell our SOFTWAREPRODUCT to retailers only for the purpose of reselling or distributing the software to end users, according to this agreement. A special agreement is required in order to be allowed to sell the SOFTWAREPRODUCT to end-users.

10. Refund and court of jurisdiction.
In principle you are allowed to give the SOFTWAREPRODUCT back and receive full refund within 14 days after purchase (date of postmark is significant). After opening the sealed CD-ROM package and/or installing or using the SOFTWAREPRODUCT a refund is not possible because the licensee is not able to proof not owning a copy of the SOFTWAREPRODUCT any more. The same applies for software hat has been delivered without a physical media (ESD or instant download version). Court of jurisdiction is Hamm (Germany). The law of the Federal Republic of Germany (FRG) and the European Union (EU) is applicable.

11. Miscellaneous.
If one or more clauses of this agreement or any other clause within the scope of other agreements loose their validity, the validity of all other clauses in this agreement is not affected. Invalid or missing clauses have to be replaced by valid clauses that approximate the intended meaning best, alternatively by legal regulations.
Hamm, March 2007