Software License Agreements

Software License Agreements

The ENVI_MET software system is not sold. We license it to the end user under the terms of a software license agreement. The terms of the ENVI_MET software license agreements can be viewed here and are also display for acceptance before installing the software.

 

EULA 2018

====== ENVI-met License Conditions ======

 

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

 

License conditions between the

 

PRODUCER OF ENVI_MET software, ENVI_MET GmbH, Essen, Germany – „ENVI_MET“ hereafter.

 

and the

 

END USER of ENVI_MET software, USER hereafter.

 

This license has been updated 1st November 2017 for ENVI_MET V4.3 and newer

 

 

===== 1. LICENSE =====

By receiving, opening the file package, and/or using ENVI_MET Software, you agree that this End User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all the terms and conditions of this Agreement.

The term „ENVI_MET Software“ or “ENVI-met Software” includes all software components and data of the ENVI_MET Simulation System

 

Unless you have a different license, agreement signed by ENVI_MET GmbH, Essen, Germany, your installation and/or use of ENVI_MET software indicates your acceptance of this license agreement and warranty.

 

Subject to the terms of this Agreement, ENVI_MET grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use ENVI_MET software in accordance with this Agreement and any other written agreement with ENVI_MET GmbH and/or Michael Bruse. ENVI_MET does not transfer the title of ENVI_MET to you; the license granted to you is not a sale. This agreement is a binding legal agreement between ENVI_MET and the purchasers or users of ENVI_MET software.

 

If you do not agree to be bound by this agreement, remove ENVI_MET software from your computer now and, if applicable, promptly return to ENVI_MET by mail any copies of ENVI_MET software and related documentation and packaging in your possession.

 

===== 2. DISTRIBUTION AND SYSTEM INTEGRATION =====

ENVI_MET software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of ENVI_MET software contact ENVI_MET GmbH, Essen.

 

You are not allowed to use ENVI_MET software as a part of another software system, online service or comparable system or service without prior and written acceptance of ENVI_MET GmbH, Essen.

 

===== 3. USER AGREEMENT =====

 

==== 3.1 Use ====

 

If applies, your license to use ENVI_MET software is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of ENVI_MET software.

 

==== 3.2 Use Restrictions ====

 

You shall use ENVI_MET software in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of ENVI_MET software together with material that is pornographic, racist, vulgar, obscene, defamatory, libellous, abusive, promoting hatred, discriminating, or displaying prejudice based on religion, ethnic heritage, race, sexual orientation, or age is strictly prohibited.

The software versions ENVI_MET BASIC/TRAIL and SCIENCE are not licensed for any kid of commercial projects. Commercial use is allowed only with the PRO/BUSINESS Version of ENVI_MET software.

 

If not stated otherwise, each licensed copy of ENVI_MET software may be used on up to 5 computers of the license owner. Use of ENVI_MET software means that you have loaded, installed, or run ENVI_MET software on a computer or similar device. Several instances of ENVI_MET software are allowed to be run on one computer.

 

You may make one copy of ENVI_MET software license keys for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of ENVI_MET software license keys unless granted by the specific license. The assignment, sublicense, networking, sale, or distribution of copies of ENVI_MET software license keys are strictly forbidden without the prior written consent of ENVI_MET.

 

It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network, or transfer the use of ENVI_MET software. If any person other than yourself uses ENVI_MET software registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

 

==== 3.3 Copyright Restriction ====

 

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile ENVI_MET software. Nor can you create any derivative works or other works that are based upon or derived from ENVI_MET software in whole or in part.

 

ENVI_MET’s name, logo and graphics file that represents ENVI_MET software shall not be used in any way to promote products developed with ENVI_MET software. ENVI_MET GmbH retains sole and exclusive ownership of all right, title and interest in and to ENVI_MET and all Intellectual Property rights relating thereto.

 

Copyright law and international copyright treaty provisions protect all parts of ENVI_MET software, products, and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Michael Bruse.

 

==== 3.4 Limitation of Responsibility ====

 

You will indemnify, hold harmless, and defend ENVI_MET GmbH, its employees, agents, and distributors against all claims, proceedings, demand, and costs resulting from or in any way connected with your use of ENVI_MET’s Software.

 

In no event (including, without limitation, in the event of negligence) will ENVI_MET, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, ENVI_MET or the use or inability to use ENVI_MET or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

 

ENVI_MET’s entire liability, without exception, is limited to the customers‘ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by ENVI_MET) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to ENVI_MET.

 

——-

IN PARTICULAR, you understand and agree that ENVI_MET software is a highly complex scientific product.

Although programmed with maximal care, it may contain errors or inappropriate or false assumptions or assumption that turn out to be false with further scientific progress. ENVI-MET ONLY HAS UNLIMITED LIABILITY FOR WILLFUL ACTS AND GROSS NEGLIGENCELICENS.

——-

 

==== 3.5 Warranties ====

 

Except as expressly stated in writing, ENVI_MET GmbH makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral, or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

 

==== 3.6 Governing Law ====

 

This Agreement shall be governed by the law of the Germany applicable therein. You hereby irrevocably attorn and submit to the non-exclusive authority of the courts of Germany therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

 

==== 3.7 Termination ====

 

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of ENVI_MET software and destroy all copies of ENVI_MET software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

 

===== 4. DISCLAIMER OF WARRANTY =====

 

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD „AS IS“ AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY ENVI_MET AS WELL.

 

===== 5. CONSENT OF USE OF DATA =====

 

You agree that ENVI_MET may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to ENVI-MET software. ENVI-MET may also use this information to provide notices to you which may be of use or interest to you.