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End User License Agreement
for cjt Systemsoftware AG "FindLeak"

Important - read carefully

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "You") and the cjt Systemsoftware AG, that displays this EULA, including any associated media, printed materials and electronic documentation (the "Software"). The Software also includes any software updates, add-on components, web services and/or supplements that the Licensor may provide to You or make available to You after the date You obtain Your initial copy of the Software to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing or otherwise using the Software, 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, access or use the Software. For purposes of this EULA, the term "Licensor" refers to cjt Systemsoftware AG. By installing, copying, downloading, accessing or otherwise using the Software, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, Licensor is unwilling to license the Software. In such event, You may not install, copy, download or otherwise use the Software.

Software license

The Software is protected by intellectual property laws and treaties. The Software is licensed, not sold.

1. Grant of license

You may only install and use one (1) copy of the software “FindLeak”

2. Description of other rights and limitations

  • Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

  • Trademarks. This EULA does not grant You any rights in connection with any trademarks or service marks of Licensor or its suppliers.

  • No rental, leasing or commercial hosting. You may not rent, lease, lend or provide commercial hosting services to third parties with the Software.

  • Support Services. Licensor may provide You with support services related to the Software ("Support Services"). Use of Support Services is governed by the policies and programs described in the user manual, in "online" documentation, or in other materials from the support services provider. Any supplemental software code provided to You as part of the Support Services are considered part of the Software and subject to the terms and conditions of this EULA. You acknowledge and agree that Licensor may use technical information You provide to Licensor as part of the Support Services for its business purposes, including for product support and development. Licensor will not utilize such technical information in a form that personally identifies You. For Software licensed from the hardware manufacturer, please refer to the manufacturer's support number and address provided in Your hardware documentation.

  • Termination. Without prejudice to any other rights, Licensor or its suppliers may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of the Software and all of its component parts.

    on a single computer. You cannot make any other use of the Software whatsoever.

3. Intellectual property rights

All title and intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by Licensor or its suppliers. All title and intellectual property rights in, and to the content that is not contained in the Software, but may be accessed through use of the Software, is the property of the respective content owners, and may be protected by applicable copyright, or other intellectual property laws, and treaties. This EULA grants You no rights to use such content. If this Software contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software. All rights not specifically granted under this EULA are reserved by Licensor and its suppliers.

4. Export restrictions

You acknowledge that the Software is subject to Germany. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the Germany. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by Germany and other governments.

5. Applicable law

This EULA is governed by the laws in force in the Federal Republic of Germany. The place of jurisdiction is, as far as legally allowed, Karlsruhe, Germany.

6. Limited Warranty

Limitation on remedies: no consequential or other damages
Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by cjt Systemsoftware AG, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the SOFTWARE does not meet cjt Systemsoftware AG Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 8 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. 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. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.

Your exclusive remedy:
cjt Systemsoftware AG’s and its suppliers' entire liability and your exclusive remedy shall be, at cjt Systemsoftware AG’s option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to cjt Systemsoftware AG with a copy of your receipt. You will receive the remedy elected by cjt Systemsoftware AG without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to cjt Systemsoftware AG). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

7. Disclaimer of warranties:

The limited warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any). Created by any documentation or packaging except for the limited warranty and to the maximum extent permitted by applicable law, cjt Systemsoftware AG and its suppliers provide the software and support services (if any) as is and with all faults, and hereby disclaim all other warranties and conditions either express, implied or statutory, including but not limited to any (in any) implied warranties. Duties or conditions of merchantability of fitness for a particular purpose, of accuracy or completeness or responses, of results, of workmanlike effort, of lack of viruses and of lack of negligence, all with regard to the software, 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 software.

8. Exclusion of incidental, consequential and certain other damages

To the maximum extent permitted by applicable law, in no event shall cjt Systemsoftware AG 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, 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) arsing out of or in any way related to the use of or inability to use the software, the provision of or failure to provide support services or otherw ise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of cjt Systemsoftware AG or any supplier, and even if cjt Systemsoftware AG or any supplier has been advised of the possibility of such damages.

9. Limitation of liability and remedies

Not with standing any damages that you might incur for any reason what so ever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of cjt Systemsoftware AG and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by cjt Systemsoftware AG with respect to any breach of the limited warranty) shall be limited to the greater of the amount actually paid by you for the software or U.S. $5.00. The foregoing limitations, exclusions and disclaimers (including sections 7, 8 and 9 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

10. Entire Agreement:

This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and cjt Systemsoftware AG relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any cjt Systemsoftware AG policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.

 

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