Terms
of Use for Sign Live! CC (End User
License Agreement - EULA)
Please read this Terms
of Use thoroughly. If you install and/or use the software in part or in
whole, then you accept the terms of this agreement unreservedly.
If you do not accept the terms and conditions of this
End User License Agreement, then you may not use this software!
The
application and proper use of this software is set
forth by the user documentation delivered with the product and this Terms of
Use. Products from third parties, i.e. Cabaret Solutions GmbH, which may also
be included in this software, may be subject to other terms and conditions. Further
information hereto will normally be found in a separate license agreement or in
a “readme file” of the appropriate product.
This EULA is a translation of the German Sign Live! CC
EULA. In case of doubt the German version is valid.
The
term “Software”
describes all components including (but not limited
to) the entire content of all data files and data mediums, their accompanying
materials or data in written form (“documentation data”), software libraries,
third-party components (i.e. fonts, graphics, clip arts, icons, etc.), and all
upgrades, modified versions, updates, supplements, as well as copies of the
from intarsys licensed software. The term “Use”
refers to accessing, installing, downloading, copying
or other utilization of the functions of the software in accordance with the
documentation. “Permissible number” means one
(1), in so far as this is not otherwise set by a valid, issued by intarsys
license (i.e. “Multiple License”, “Volume License”).
“intarsys” stands for intarsys GmbH, located in Karlsruhe, referred to in the
following as the license
issuer.
-not applicable-
In so far as
you accept the terms and conditions of this license agreement, the license
issuer grants you a non-exclusive license to use the software for the purposes
described in the documentation and under the following conditions:
(1) You
may install and use the software on compatible computers up to the allowed
number; or install an allowed number of copies of the program on the allowed
number of data servers of a computer within your internal network, in order to
download and install the software on computers up to the allowed number of computer on that same internal network.
(2)
You may install the software on up to the allowed
number of data servers of a computer within the same internal network, to the
purpose of using the software by means of commands, data, or directives (e.g.
scripts) from other computers within the same internal network, including direct use or use through
commands, data, or directives from or to another computer, which is not part of
the internal network, for Internet- or Web-Host services under the
condition that the total number of users (not the number of simultaneous users)
which are allowed to use the software does not exceed the allowed number. The use of this
software is not allowed in
a network, in so far as users are
not entitled to use this copy of the software
by a valid license, or as a
component of a system, flowchart, or service,
which is accessible by more than
the allowed number of users.
(3) The main user of a computer, on which the software is installed, may
create a second copy of the software for their exclusive use on a portable or
home computer. The software may not be used simultaneously on either the
portable or home computer and the main computer.
(4) You are entitled to make a back-up
copy of the software, under the condition that the back-up copy will not be
installed or used for other purposes than archiving purposes.
(5) Editing,
modifying, or translating the software is not allowed. This includes, but is
not limited to, adding and/or removing data files, components, plug-ins, etc. You are committed not to decompile, to disassemble, or to “Reverse
Engineer” the software or to attempt in any other way to ascertain the source
code of the software
(6) You may integrate or use Sign Live!
CC with other software or expansions with other computers, whose goal is a
program-technical connection, in so far as you only use API’s documented and
released for this purpose by the license issuer.
(7) You are not entitled to copy,
reproduce, distribute, or share the software, its data files, data mediums, and
documentation, with the exception of the back-up copy covered in (4).
(8) You are not entitled to distribute
the software under your own license.
(9)
You
may integrate and use plug-ins or expansions officially distributed by license
issuer or authorized partners. The use or integration of
software specific expansion, so-called Instruments, other products, Plug-ins or
software from non- authorized third party providers in
the software will result in non-liability. The use of interfaces and/or
functions not officially documented by the license issuer will also result in
non-liability.
(10)You
may not rent, lend, sell, under license, cede, assign, or confer the rights of
the software, or approve the copying of the software in part or in whole onto another users or other legal persons computer, with the
exception of the case allowed here. You may
confer all yours right of use of the software to another natural or legal
person under the condition that (a) you confer (i) this agreement and the (ii)
serial number(s) of the software and additional software or hardware which was
delivered, packaged, or pre-installed with the software, including all copies,
upgrades, updates, and earlier versions on this natural or legal person, (b)
you withhold no upgrades, updates, and copies, including back-up copies and
other copies that are saved on a computer and (c) the recipient accepts the
terms and conditions of this agreement as well as additional terms and conditions,
after they have acquired a working software license.
When the
software presents an upgrade or update for a previous version, you must already
be in possession of a valid license for the previous version in order to use
the upgrade or update. All upgrades and updates will be made available to you
on the basis of a license exchange. You accept willingly upon application of an
upgrade or update to relinquish all rights of use for the previous version. In
exceptional cases you may continue to use a previous version of the software in
transition to the upgrade or update, under the condition that the upgrade or
update and the previous version are installed on the same computer. Upgrades
and updates may possibly be licensed by license issuer at additional costs and
under additional or varying license terms and conditions.
The
software, including all authorized Instruments for the software, are
intellectual property and belong to license issuer and if applicable their
distributors. Structure, organization, and code of the software constitute
valuable business secrets and protected information of the license issuer and
their distributors. The software is legally protected, including the copyrights
of
The license
issuer warrants a natural or legal person, who has first obtained a license for
the use of the software on computers in accordance with the terms and
conditions of this agreement, for a period of ninety (90) days upon receiving
the software, that the software is in substance capable of performing the
functions described in the documentation, under the condition that the software
is used in accordance with the recommended operating system and hardware
configurations. Minor deviations from the descriptions in the documentation do
not justify a warranty claim. All warranty claims must be asserted within
ninety (90) days. When the software does not perform the functions described in
the documentation in substance, then your only warranty claim is an exchange of
the software or a refund of the license cost, at the discretion of the license
issuer.
The software
is made available to you "as is ", the license issuer forecloses any
warranty concerning the software’s application or capability. The license
issuer and their distributors take on no warranties for the capabilities of the
software or the work results obtained by using the software. The license issuer
and their distributors grant no guarantees, assurances, provisions, or
conditions (explicitly or implicitly derived from a business relationship or
usage or from legal, consuetude or other provisions) with regards to
merchantability, defectiveness of title, integration or usefulness for specific
aims, unless, such guarantees, assurances, provisions, or conditions are
prescribed by applicable laws of the respective legal order and may not be
limited or foreclosed. The terms and conditions in § 4 and § 5 apply to the termination
of this agreement, regardless of the reasons for termination. Neither an
explicit nor implicit granting of user rights for the software follows for the
time after the termination of this agreement.
The license
issuer and their distributors assume no liability for damages, claims or costs
of any type as well as for subsequent damages, indirect, accidental, legally
controlled, special or any other damages as well as for demands or damage
reparation claims from lost profits and/or losses, even when a representative
of the license issuer is informed about the possibility of such losses,
damages, claims, costs or, respectively, requests by third parties. The
previously described limitations and foreclosures are valid only in so far as
relevant provisions of national laws allow. The total liability of the license
issuer and their distributors within the boundaries of this agreement, whether
grounded by contractual or un-allowed actions (including negligence), is
limited to the amount, which was paid for the software. Not limited in the
bounds of this agreement is the liability in cases of death or injuries to
persons, when this is the result of negligence or fraud on behalf of the
license issuer. The license issuer acts on behalf of their distributors
exclusively to the purpose of refusal, the exclusion and/or limitation of
obligations, warranties, or liabilities in accordance with this agreement, but
otherwise does not act on behalf of their distributors. For further
information, please refer to the country-specific exceptions at the end of this
agreement, provided they are present.
Should a
part of this agreement be found to be invalid or not enforceable, the validity
and enforceability of the rest of this agreement will not be affected. This
agreement may not impair the legal rights of any party, which acts as a
consumer. A change to this present agreement is only valid in written form,
which has been signed by an authorized representative of the license issuer.
Updates released by the license issuer or their distributors may include
additional and/or changed terms and conditions. This is the complete agreement
between you and the license issuer regarding the software. It replaces all
previous declarations, talks, confirmations, impartations, or advertisements
with regards to the software.
Companies
and organizations are here with bound, upon request by the license issuer or an
authorized representative of the license issuer, to completely document and
confirm within thirty (30) days that the application of each software instance
at the time of the request is being conducted in accordance with the terms and
agreements of a valid license.
If you
obtained the software in
If you
obtained the software in
The
preceding limitations of liability do not apply to indispensable lawful
liability, in particular the liability set forth by the German Product
Liability Act, liability by virtue of an explicit guarantee or liability for
culpably caused damage to persons.
Subject to
the provisions of this agreement, you are obligated to take all necessary and
appropriate action to avoid or reduce damages, in particularly to the creation
of back-up copies of both the software and your computer data.
The
following terms and conditions apply when you are using, with this license, a
non-saleable test version, e.g. alpha/beta-software,
of the product. If a term or condition included in this paragraph contradicts one
stated in a previous paragraph, then the term or condition stated in this
paragraph is the applicable one, in so far as alpha/beta-software versions are
concerned. You accept that the software is a test version and not a
representation of the final product from the license issuer in which errors and
function faults as well as other problems may occur, which could lead to system
and/or hardware crashes or errors and/or lost data. The test software is made
available “as is” and the license issuer is not bound to guarantees or
liabilities.
In legal
systems which offer limited liability instead of liability exclusion for test
(alpha/beta) software versions, the liability of license issuer and its
distributors is limited to a total of fifty Swiss Francs (50CHF).
If this
software or an add-on to this software allows you to author and/or validate
documents with electronic signatures, then this section applies.
A document
signed with Sign Live! CC is a file in PDF, text, or graphic format with an
electronic signature (either imbedded or available externally), which uses (a)
a certificate and (b) a “private” encryption key that corresponds to the
“public” key in the certificate. Authoring of an electronic signature requires
a signature generation device with access to external signature components or a
signature databank. Validation requires the certification service from the
certification service provider that issued the certificate.
Although the
software functions for the generation and/or validation of electronically
signed documents are made available, the signature and/or certification
services required to use these functions will not be provided by the license
issuer. The availability and the acquisition of signature and/or certification
services as well as the responsibility therefore involve solely you and the
signature and certification service provider.
Warranty
Disclaimer. Access to a signature or certification service
through the use of the software Sign Live! CC is made available “as provided”
and excludes any warranty or liability obligations. intarsys offers in regards
to the utilized signatures, signature generation devices and the certification
services neither explicit nor implicit warranties, conditions, exemption
obligations, assurances or acceptances, regardless if based on legal
provisions, common law, trade usage or other principles. This applies
particularly in regards to non-violation of the rights of third parties,
proprietary rights, integration, accuracy, security, availability, satisfactory
quality, industry standards or suitability for an intended use.
Exemption from Liability.
You agree not to hold the license issuer responsible for any and all
liabilities, losses, warranties, damages, or claims (including all reasonable
expenses, costs, and attorneys fees) arising out of or relating to any use of,
or reliance on Sign Live! CC including, without limitation (a) reliance on an
expired or revoked certificate; (b) improper verification of a certificate; (c)
use of a certificate other than as permitted by any applicable Issuer
Statement, this agreement or applicable law; (d) failure to exercise reasonable
judgment under the circumstances in relying on the certification service provider;
or (e) failure to perform any of the obligations as required in an applicable
Issuer Statement.
Limited
Liability. Under no condition is the license issuer liable to
you or another natural or legal person for lost usage or earnings, lost or
damaged data, or any other form of lost commercial assets, as well as for any
other direct, indirect, random, special, legal, punitive, exemplary or
consequential damages, which have occur in any way the
use or reliance on Sign Live! CC. This applies equally when the possibility of
such damages were mentioned or when such damages could
have been predicted or in the case of a fundamental or extensive breech of
agreement or the breech of a fundamental or extensive condition of this
agreement.