END-USER LICENSE AGREEMENT FOR
AIM2000 (VERSION 2.0) SOFTWARE
IMPORTANT READ CAREFULLY:
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the Büro für innovative Software C. Streibel-Biegler-König ("SBK-SOFTWARE") for the AIM2000 (Version 2.0) software product accompanying this EULA, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Product"). By installing, copying, or otherwise using the Product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, or use the Product.
1. GENERAL GRANT OF LICENSE.
Subject to the terms and conditions of this agreement, SBK-SOFTWARE grants to you a nonexclusive license to use solely for your internal business and research purposes, the enclosed software programs and documentation (including, but limited to documentation on computer readable media), for which the license fees were paid.
Solely with respect to the electronic documentation, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed beyond the user's premises.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
3. COPYRIGHT. The Product is protected by copyright and other intellectual property laws and treaties. SBK-SOFTWARE owns the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.
4. U.S. GOVERNMENT RESTRICTED RIGHTS. All Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Product provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
5. Exportable Encryption. You agree that you will not export or re-export the Product (or portions thereof) to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export the Product (or portions thereof):
Should you have any questions concerning this EULA, or if you desire to contact SBK-SOFTWARE for any reason, please write to:
Büro für innovative Software
DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, SBK-SOFTWARE provides the Product AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the Product, and the provision of or failure to provide Support Services.
ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall SBK-SOFTWARE 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, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Product, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of Agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of SBK-SOFTWARE, and even if SBK-SOFTWARE has been advised of the possibility of such damages.
LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of SBK-SOFTWARE and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the Product or Euro 5.00.
The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.