VI PowerScripter - Software Download License AgreementTHIS SOFTWARE DOWNLOAD LICENSE AND MAINTENANCE AGREEMENT (THE "AGREEMENT") RELATES TO THE ICOMASOFT VI POWERSCRIPTER PROFESSIONAL VERSION 1.x PROGRAM (THE "SOFTWARE"). THE TERM "SOFTWARE" ALSO SHALL INCLUDE ANY SCRIPTS PROVIDED TO YOU BY ICOMASOFT AS PART OF THE INITIAL SOFTWARE DISTRIBUTION OR INDIVIDUALLY PURCHASED BY YOU AT A LATER DATE. IF YOU DO NOT ACCEPT THIS AGREEMENT YOU MAY NOT DOWNLOAD AND USE THE SOFTWARE.
UPON YOUR ACCEPTANCE OF THIS AGREEMENT, ICOMASOFT GRANTS YOU A LIMITED, NON-EXCLUSIVE LICENSE TO USE THE SOFTWARE AS FOLLOWS:
1. TRIAL LICENSE. You may use the Software in accordance with the provisions of this Agreement for a limited time period of 15 days for evaluation purposes only. After expiration of this trial period, you shall cease using the Software and shall destroy all copies of the Software in any form, unless a per seat license is acquired.
2. PER SEAT LICENSE. The Software is licensed per seat. This means that each individual administrator using or otherwise accessing the Software must obtain the right to do so by purchasing an individual license. You may make copies on more than one computer, as long as the use of the Software is by the same licensed administrator. The per seat license shall commence upon your acceptance of this Agreement and a completed purchase of such license.
3. USE OF THE SOFTWARE. You may reproduce, install and use the Software (and accompanying documentation) solely for your internal business purposes. The Software may not be transferred, sold, assigned, sublicensed or otherwise conveyed (whether by operation of law or otherwise) to any third parties without icomasoft’s prior written consent.
4. COPY RESTRICTIONS AND OTHER RESTRICTIONS. Except as specifically permitted by this Agreement, you may not modify or adapt the Software in whole or in part (including but not limited to translating or creating derivative works) or reverse engineer, decompile or disassemble the Software (except to the extent applicable laws specifically prohibit such restriction). You shall not remove any copyright notices or other proprietary notices from the Software and you must reproduce such notices on all copies or extracts of the Software.
5. DERIVATIVE WORKS OF SCRIPTS. You may make derivative works (e.g. modifications, translations, etc.) of scripts provided to you by icomasoft under the Agreement for your internal use only. You may not distribute such a derivative work in any way to any third parties without icomasoft’s prior written consent.
6. COPYRIGHT AND OWNERSHIP. The Software is owned by icomasoft and is protected by copyright laws and international treaty provisions. You acquire only the non-exclusive right to use the Software as permitted herein and do not acquire any other rights (e.g. ownership in the Software).
7. MAINTENANCE. icomasoft's maintenance services ("Maintenance") consist of updates, patches and fixes to the Software, when and if they become available, and e-mail support. Any updates, patches, fixes or other items provided as a part of Maintenance will automatically be licensed to you under this Agreement. Maintenance does not entitle you to receive any upgrades of the Software. icomasoft will provide e-mail support on a reasonable effort basis only (i.e. as far as possible, feasible and financially viable). Any further warranty regarding Maintenance is expressly excluded.
Maintenance does not apply to software which has been modified by you, software modified by icomasoft for you, problems caused by software not provided by icomasoft, equipment malfunction or issues which have been addressed in an update, patch or fix that you have elected not to apply.
Maintenance for the first year of any per seat license is mandatory and has to be purchased together with the per seat license. Maintenance shall begin with the completed purchase of Maintenance for the Software and shall continue for the duration for which such Maintenance has been purchased. A separate Maintenance fee (as specified in the order) is applicable to each per seat license. You agree to not distribute or use any information or benefits obtained as a result of Maintenance to or for the benefit of any license for which the current Maintenance fee has not been paid.
8. TERMINATION. This Agreement and your license to use the Software will continue so long as you remain in compliance with the terms and conditions of this Agreement and so long as you do not terminate the Agreement pursuant to this Section 8. icomasoft may immediately terminate your license to use the Software on notice to you if you breach any of your obligations hereunder. You may terminate this Agreement in writing to the end of any calendar month with three months’ notice. Upon termination by you or icomasoft, you shall cease using the Software and shall destroy all copies of the Software in any form. You acknowledge that, independent of the reasons for the termination of this Agreement, any reimbursement for fees paid by you to icomasoft in regards to the subject matter of this Agreement is excluded. All disclaimers of warranties and limitations of liability shall survive any termination of this Agreement.
9. LIMITED WARRANTY. icomasoft warrants that the Software will perform substantially in accordance with the documentation for the ninety (90) day period following the purchase of the license when used under the recommended configuration. Non-substantial variation of performance from the documentation does not establish a warranty right. icomasoft does not warrant that the Software is free from any error, that it will operate without interruption, that it will be compatible with any configuration. This limited warranty does not apply during the trial period, during which the Software is provided solely “as is” without any warranty. All warranty claims must be made within such ninety (90) day period. If the Software does not perform as warranted, the entire liability of icomasoft and your exclusive remedy shall be limited to either, at icomasoft’s option, the replacement of the Software or the refund of the license fee paid to icomasoft for the Software. THIS LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY icomasoft AND STATES THE SOLE AND EXCLUSIVE REMEDIES FOR icomasoft’s BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY icomasoft PROVIDES THE SOFTWARE “AS IS” AND WITH ALL FAULTS AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
10. LIMITATION ON LIABILITY. TO THE EXTENT ALLOWED BY LAW, ICOMASOFT SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ICOMASOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. EXPORT. You agree to fully comply with all applicable laws and regulations regarding export restrictions ("Export Laws") to assure that neither the Software nor any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical or biological weapons production.
12. GOVERNING LAW; COMPLETE AGREEMENT. This Agreement constitutes the complete agreement between the parties with respect to the Software and is governed by the laws of Switzerland (other than its conflict of law provisions). The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not be applicable.
BY SELECTING BELOW "YES, I AGREE TO THE ABOVE CONDITIONS", YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU ARE DULY AUTHORIZED TO DO SO.
Yes, I agree to the above conditions
Please take a look at the Online Help of PowerScripter before installing: Webhelp |
