SOFTWARE USER LICENCE AGREEMENT
ATTENTION: PLEASE READ THIS DOCUMENT BEFORE INSTALLING THE SOFTWARE.
This document is an agreement between you, the end user of the software "WPCubed MultiDemo Calculus" (the "Software"), and WPCubed GmbH, having its place of business in Munich, Germany (and/or its third party suppliers), the owner(s) of the Software. By installing the Software you agree to be bound by the terms of this Agreement.
Click on "Next" at the bottom of this Agreement if you agree to be bound by the terms of this Agreement, then the Software will be installed. If you click on "Cancel", the Software will not be installed and you will have no right to use it.
You agree to use the Software only in accordance with the terms and conditions set out below.
Ownership and Copyright: All right, title and interest in the Software is owned by WPCubed GmbH (or its third party suppliers). WPCubed GmbH or its third party suppliers shall at all times retain all copyright and other intellectual property rights in the Software and all subsequent copies thereof regardless of form.
Licence: Your licence to use the Software is non-exclusive and, save as expressly stated in this Agreement, non-transferable. You are permitted to: (1) use one copy of the Software ("use" shall mean storing, loading, installing, executing or displaying the software) for your own internal purposes; (2) make a reasonable number of back-up copies of the Software in support of the permitted use, provided that all such copies include the WPCubed GmbH copyright notice as it appears in the original copy of the Software provided to you; (3) transfer the Software and the benefit of this Agreement to another person, provided that this person has agreed to accept the terms of this Agreement and you cease all use of the Software, transfer all copies of the Software you have made to that person or destroy all copies not transferred. If any transferee does not accept such terms then this Agreement automatically terminates.
You are not permitted to: (1) rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, reverse-engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software or its related documentation or use the Software, except as expressly permitted by this Agreement and save to the extent and in the circumstances expressly permitted by law; (2) reproduce or deal in the Software or any part thereof in any way, except as expressly permitted by this Agreement and save to the extent and in the circumstances expressly permitted by law.
Term and Termination: This Agreement shall continue in effect until either (1) terminated by you by destroying the Software and its documentation together with all copies or (2) terminated by WPCubed GmbH by notice in writing to you if you are in breach of any of its terms and conditions. Upon termination for whatever reason you shall immediately destroy all copies of the Software and its documentation including any Software stored on the hard disk of any computer in your possession, power or control.
LIMITED WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS AS TO QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT WPCUBED GMBH, WPCUBED GMBH'S SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS AND DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
WPCubed GmbH, WPCubed GmbHs subsidiaries and affiliates, their distributors and dealers do not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. However, WPCubed GmbH or WPCubed GmbH 's subsidiary warrants a medium on which the Software is stored to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of you obtained the same as evidenced by a receipt or otherwise.
CUSTOMER REMEDIES. WPCubed GmbH, WPCubed GmbH's subsidiaries and affiliates, their distributors and dealers' entire liability and your exclusive remedy shall be the replacement of the medium not meeting the LIMITED WARRANTY and which is returned to WPCubed GmbH with a copy of the receipt or otherwise. The LIMITED WARRANTY does not apply if failure of the medium has resulted from accident, abuse or misapplication of the Software and shall not extend to anyone other than the original user of the Software.
The express terms of this Agreement are in lieu of all warranties, conditions, representations (other than fraudulent representations), undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.
In no event shall WPCubed GmbH be liable to you for any loss (whether known, foreseeable or otherwise) of profit, indirect loss or damage or incidental or consequential loss or damages. WPCubed GmbH's liability arising out of or in connection with this Agreement whether in contract, tort (including, without limitation, negligence) or otherwise shall in no circumstances exceed an amount equal to the price of the WPCubed GmbH product paid by you.
Nothing in this Agreement shall limit or exclude WPCubed GmbH's liability to you for death or personal injury caused by its negligence or for the tort of deceit or arising as a result of Part I of the Consumer Protection Act 1987.
NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER.
General: This Agreement constitutes the entire agreement between you and WPCubed GmbH with respect to the Software and supersedes any prior oral or written representations, agreements or understandings with respect to the Software. Neither party shall have any remedy in respect of any statement made to it upon which it relied in entering into this Agreement (unless such statement was made fraudulently) and that party's only remedy shall be for breach of contract as provided for in this Agreement.
If at any time any part of this Agreement is found by a court of competent jurisdiction to be wholly or partly illegal, invalid or unenforceable in any respect under the law of any jurisdiction that fact shall not affect or impair the legality, validity or enforceability of any other provision of this Agreement.
The failure or delay of WPCubed GmbH in exercising any right, power or remedy under this Agreement shall not in any circumstance operate as a waiver of such right, power or remedy.
No variation to this Agreement shall be effective unless in writing and signed by an authorized representative of WPCubed GmbH.
Third Party Beneficiary: The provisions of this Agreement, in so far as it relates to WPCubed GmbH's third party suppliers, are directly enforceable by WPCubed GmbH's third party suppliers.
Law: This Agreement shall be governed and interpreted in accordance with German Law. All disputes between the parties which may arise from this Agreement will be settled before a competent Munich, Germany court of law. WPCubed GmbH shall have, however, the sole right to waive this Section and to enforce this Agreement under the local law and/or jurisdiction of the user.