DirX Audit License Agreement (English Version)
The program DirX Audit is the property of Eviden Germany GmbH, with its registered seat in Munich, and protected by national and international copyrights.
|
please read carefully: Read the terms and conditions of this end user license agreement carefully. You obtain no rights other than those granted to You under this agreement. You will be asked to agree or disagree to this agreement. If You do not agree, the software will not be installed. Up to final activation You may use the software as an evaluation copy for a period of max. 180 days. FOR THE EVALUATION PERIOD THE LICENSE TERMS ACCORDING TO PART A SHALL APPLY. If You intend to use the software after the 180 days evaluation period, You have to conclude a separate Software Licensing Agreement with Eviden Germany GmbH, an Atos Local Company or an authorized Dealer to acquire an activation code. During the 180 days evaluation period You may at any time change the evaluation copy into a regular version by entering a valid activation code. FOR THE REGULAR VERSION THE LICENSE TERMS ACCORDING TO PART B SHALL APPLY. The program DirX Audit also contains open-source-software which is subject to special license regulations. These regulations apply to the "EVALUATION COPY" as well as the "LICENSE" and are contained in PART C. |
PART A of these terms and conditions applies to use of the Software as "EVALUATION COPY";
PART B ("LICENSE") applies to regular versions of the Software obtained in connection with a separate Software Licensing Agreement;
PART C applies to PART A and PART B and contains special regulations regarding Open Source Software.
PART D Prevalence of the English licence.
PART A: END USER SOFTWARE LICENSE AGREEMENT FOR THE COST-FREE DirX Audit 180 DAY ("EVALUATION COPY")
A1. LICENSE DURATION, UTILIZATION RIGHTS
A1.1
Installation of the software (programs) indicates Your agreement with all terms and conditions of this License Agreement.
You can terminate Your license at any time by deinstalling all copies of the programs.The right to use shall expire automatically if the terms and conditions of the License Agreement are not complied with, and at the latest 180 days after the first-time installation of the programs.THE DirX Audit EVALUATION COPY MAY AUTOMATICALLY DISABLE ITSELF AFTER 180 DAYS.
A1.2
On the evaluation copy you are granted the non-exclusive and non-transferable right for a period of 180 days only to use the programs within the framework of this End User License Agreement for internal, evaluation purposes only.Any productive use of the Software under this Evaluation License is prohibited.You are obliged to ensure, without temporal limitation, that the programs and the program documentation, including duplications thereof, as well as edited, supplemented or otherwise modified copies, are not made available to third parties without the prior written permission of Eviden Germany GmbH.Programs and program documentation may not be duplicated and programs not edited without the prior written permission of Eviden Germany GmbH.You will not modify, translate, prepare derivate works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the licensed software.You will not remove any alphanumerical codes, trademarks or proprietary notices.In the event of permitted duplication, all copies made are to be identical to the original and provided with a consecutive number from which the program serial number can also be derived and records can be kept on the location of all copies.These records are to be made accessible to Eviden Germany GmbH upon request.This license agreement does not entitle You to any support.
A2. LIABILITY
Eviden Germany GmbH GRANTS You ACCESS TO THE PROGRAMS "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER.
THE USER BEARS THE UNLIMITED RISK FOR THE USE OF THESE PROGRAMS
Eviden Germany GmbH AND ITS SUPPLIERS DO NOT PROVIDE ANY WARRANTY FOR THE PERFORMANCE OR RESULTS ARISING FROM THE USE OF THE PROGRAMS OR ACCOMPANYING MATERIAL. Eviden Germany GmbH AND ITS SUPPLIERS ACCEPT NEITHER EXPRESSLY NOR BY IMPLICATION ANY WARRANTY OR GUARANTEE THAT THIRD-PARTY PROPRIETARY RIGHTS ARE NOT INFRINGED UPON, NOR THAT THE PROGRAMS ARE MARKETABLE OR SUITABLE FOR ANY SPECIFIC PURPOSE.
Compensation claims, regardless of their legal basis, and in particular claims arising from production stoppage, loss of profit, loss of information and data or subsequent damage are ruled out, insofar as liability is not mandatory pursuant, for instance, to the product liability law or in cases of intent, gross negligence, in cases of danger to life, body or health or as a result of accepting a guarantee for the nature of a thing. The aforementioned regulation is not associated with a change in the burden of proof to Your disadvantage.
A3. EXPORT LICENSES, LEGAL VENUE
A3.1
The export of the Software (including the download of the software in third-party countries) can - as a result of their nature or their intended purpose for example - be subject to approval of governmental authorities.
A3.2
You shall comply absolutely with all national and US export rules, relevant for products and the download of software in third party-countries. A download of the software respective an export/re-export of the software in the countries Iran, Cuba, North Korea, Syria and Sudan is forbidden.
PART B: END USER LICENSE TERMS DirX Audit ("License")
I. LICENSING OF SOFTWARE
I.1
The software is not sold, but licensed to You in machine-readable form only. For this You have to conclude a separate Software-Licensing-Agreement with Eviden Germany GmbH, an Atos Local Company or an authorized Dealer.
I.3
Any intellectual property rights in the programs and the relating documentation are owned by Eviden Germany GmbH and/or its suppliers. The software is protected by copyright laws, international copyright contracts as well as by other laws and agreements on ownership of intellectual property. Usage of the software is only permitted in accordance with these End user License Terms.
II. DEFINITIONS
II.1
In this contract, the term "Software" shall mean the entire content of the files and data media if such data media was supplied to You with the Product. These include, among other things, information and programs from Eviden Germany GmbH or third parties in object code and associated written explanatory material (documentation).
II.2
In addition, the term Software further includes all updates, upgrades, modified versions, supplements and copies of the software licensed to You.
II.3
An "Update" is Software with the focus on bugfixing and, if necessary, minor functional supplements (e.g. additional drivers).
II.4
An "Upgrade" is a new version / functional expansion, if necessary with bugfixes for old versions, the licensing of which requires a valid license of a defined prior version.
II.5
An "Identity" means a set of data (e.g. attributes, profiles, certificates, etc.) representing the same object (e.g. user, person, application, resource, device) and an "Identity-Related License" is a license which grants the right to use the Product for managing maximum the licensed number of Identities.
II.6
A "Client" employs the services of a server in a network in the Customer’s company. Depending on the type of functionalities which the Server Software provides, Clients may be, for example, users, agents, equipment, identities or communication channels, etc. The type and number of Clients with user rights are defined in the contract.
II.7
In contrast to Single-user Software, "Server Software" is a program which is installed on a server computer (host) and which Clients access to make use of the functionalities of the software.
III. RIGHTS OF USE
III.1
You shall have the non-exclusive right to use the Software licensed to You in the country of the place of delivery for internal purposes. You may install one copy of the Software on a single server.
III.3
If in the Software Licensing Agreement (hereinafter the "Agreement") a license is stipulated as a Network License You are entitled, by way of derogation from clause III.1 above, to install the Software on any number of servers within Your own network. The number of servers actively operated with this Software in Your network results from the number of licenses defined in the Agreement, unless agreed otherwise in writing.
III.4
If a license is stipulated as an Identity-Related License, You are entitled to manage the data of maximum the number of licensed Identities with the Software.
III.5
You may not decompile or disassemble the Software, remove any program parts, undertake reverse engineering or otherwise try to derive the source code, except as provided by mandatory law.
III.6
You shall for an unlimited time period keep the Software including copies and documentation confidential. This obligation also applies to the Software in revised, expanded or altered versions.
III.7
You may not lease, lend, sell, sublicense the rights to the Software, transfer, give or assign it to third parties for use, copy the Software or permit copying of the Software either in part or whole, except in the cases expressly permitted to do so in these End user License Terms.
III.8
You shall not make the Software accessible to third parties without prior written consent from Eviden Germany GmbH. Insofar as Eviden Germany GmbH, at its sole discretion, consents to passing on, this is on condition that
-
the third party agrees in writing to the obligations under clauses I - III, and You transfer the serial number(s), Software and other software or hardware supplied or packed with the Software or preinstalled on it, including all copies, Updates and earlier versions to this natural person or legal entity,
-
You do not retain any copies, including backups and other copies stored on a computer, and
-
the recipient accepts the provisions of this contract and other provisions in accordance with which You have legally acquired the Software license,
-
You notify Eviden Germany GmbH of the name and address of the recipient of the Software. III.9 You may backup data in accordance with the standards of technology and make the necessary backup copies of the Software. You may make a backup copy of the Software on a removable data medium. Further copies of the Software may only be made after obtaining the prior written consent from Eviden Germany GmbH. III.10 You shall not remove alphanumeric identification characters, trademarks and copyright notices. With regard to authorized copying, You shall copy the Software unaltered, give all the copies a consecutive number from which all the Software serial numbers are also to be inferred and record the whereabouts of all copies which Eviden Germany GmbH may examine on request. Mandatory copyright provisions shall be unaffected. III.11 Provided that the Software requires activation, You shall activate the Software within 30 days of its initial installation; only then is the installation complete. The necessary information for this must be entered by You in the manner described in the installation sequence of the Software. After alterations have been made to the hardware, it may be necessary to reactivate the Software. If activation does not take place within 30 days of initial installation, the Software may be disabled for further use upon expiry of this deadline. By entering a valid activation code which can be requested from Eviden Germany GmbH at any time upon proof of authorization, however, You have the option of activating the Software again. III.12 Every supplementary program code (e.g. patch) which is made available to You as part of a service or under warranty shall be subject to the conditions of this End user License Terms, unless otherwise agreed in an individual case.
IV. LIMITED WARRANTY / LIABILITY OF Eviden Germany GmbH
IV.1
Eviden Germany GmbH makes no guarantee that the Software functions satisfy Your demands, that software products selected by you interoperate with the Software, that these will operate without interruption and without faults or that all errors in the Software can be rectified.
IV.2
Warranty Claims and/or any other claims regardless of the legal ground, against Eviden Germany GmbH, an Atos Local Company, its vicarious agents or subcontractors are excluded except for those claims, which are agreed to in Your separate Software Licensing Agreement (see above I.1) with Eviden Germany GmbH, an Atos Local Company or an authorized Dealer.
IV.3
Limitation of Liability
THE USER BEARS THE UNLIMITED RISK FOR THE USE OF THESE PROGRAMS
Eviden Germany GmbH AND ITS SUPPLIERS DO NOT PROVIDE ANY WARRANTY FOR THE PERFORMANCE OR RESULTS ARISING FROM THE USE OF THE PROGRAMS OR ACCOMPANYING MATERIAL. Except as stipulated in IV.2, Eviden Germany GmbH AND ITS SUPPLIERS ACCEPT NEITHER EXPRESSLY NOR BY IMPLICATION ANY WARRANTY OR GUARANTEE THAT THIRD-PARTY PROPRIETARY RIGHTS ARE NOT INFRINGED UPON, NOR THAT THE PROGRAMS ARE MARKETABLE OR SUITABLE FOR ANY SPECIFIC PURPOSE.
Compensation claims, regardless of their legal basis, and in particular claims arising from production stoppage, loss of profit, loss of information and data or subsequent damage are ruled out, insofar as liability is not mandatory pursuant, for instance, to the product liability law or in cases of intent, gross negligence, in cases of danger to life, body or health or as a result of accepting a guarantee for the nature of a thing. or the violation of major contract obligations. Compensation arising from a breach of fundamental contractual obligations shall, however, be restricted to foreseeable damages typical for the contract, insofar as intent or gross negligence, endangering of life, limb or health or the assurance of the absence of a deficiency do not apply.
The aforementioned ruling is not associated with a change in the burden of proof to Your disadvantage.
V. LEGALLY INEFFECTIVE TERMS AND CLAUSES
Should individual terms or clauses in these End user License Terms be legally ineffective or may not be carried out for legal reasons this does not affect the validity of the End user License Terms in other respects. In such a case, the parties shall reach an agreement that replaces the term or clause concerned with a term or clause that has an equal as possible economical effect.
VI. EXPORT APPROVALS, GOVERNING LAW, PLACE OF JURISDICTION, LANGUAGE
VI.1
The export of the Software (including the download of the software in third-party countries) can - as a result of their nature or their intended purpose for example - be subject to approval of governmental authorities.
VI.2
You shall comply absolutely with all national and US export rules, relevant for products and the download of software in third party-countries. A download of the software respective an export/re-export of the software in the countries Iran, Cuba, North Korea, Syria and Sudan is forbidden.
VI.3
These End user License Terms are governed by German substantive law without reference to its conflicts of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980, shall not apply. The place of jurisdiction shall be Munich, Germany.
PART C: SPECIAL REGULATIONS REGARDING OPEN SOURCE SOFTWARE
The program DirX Audit contains, among other things, Open Source Software, licensed under an Open Source Software License and developed by third parties. These Open Source Software files are protected by copyright. Your rights to use the Open Source Software beyond the mere execution of Eviden Germany GmbH’s program, is governed by the relevant Open Source Software license conditions.
Your compliance with those license conditions will entitle you to use the Open Source Software as foreseen in the relevant licenses. In the event of conflicts between Eviden Germany GmbH license conditions and the Open Source Software license conditions, the Open Source Software conditions shall prevail with respect to the Open Source Software portions of the software.
A list of the Open Source Software programs contained in this product and the relating Open Source Software licenses are available in APPENDIX A to this license agreement (file DirX_Audit_License_APPENDIX_A.pdf of the software).
I. DEFINITION
As used herein, the term "Open Source Software" means any software that is licensed royalty-free (i.e., fees for exercising the licensed rights are prohibited, whereas fees for reimbursement of costs incurred by licensor are generally permitted) under any license terms ("Open License Terms") which allow every user to modify such software and/or require, as a condition of modification and/or distribution of such software and/ or any other software incorporated into, derived from or distributed with such software ("Derivative Software"), that the source code of such software and/or any Derivative Software be made available to all users of the software for purposes of information and modification.
By means of example and without limitation, Open License Terms include the following licenses: the GNU General Public License (GPL), the GNU Lesser or Library GPL (LGPL).
II. IDENTIFICATION OF OPEN SOURCE SOFTWARE
Eviden Germany GmbH will identify the Open Source Software components contained in the Product, including the applicable license text(s) and will make available such license text(s) with the Product. Should the license(s) applicable to any part of the Open Source Software require the distribution of the Open Source Software’s source code and build scripts together with the program DirX Audit (or, alternately, an offer to make the source code and build scripts available upon request), then Eviden Germany GmbH will provide such source code or such offer to Customer together with the program DirX Audit.
III. EXCLUSION OF LICENSE FEES REGARDING TO OPEN SOURCE SOFTWARE
No license fee is charged to Customer for the use, reproduction, distribution or modification of such Open Source Software.
IV. WARRANTY EXCLUSION
You acknowledge and agree that Eviden Germany GmbH provides no warranties, express or implied, for the Open Source Software itself. Eviden Germany GmbH solely warrants that the unmodified Product will function substantially in accordance with the Product specifications as set forth in PART A Article A2 (Liability) and in PART B Article IV (Limited Warranty / Liability of Eviden Germany GmbH). Eviden Germany GmbH shall have no liability nor shall Eviden Germany GmbH provide any indemnification whatsoever in respect of your distribution or modification of the Open Source Software.
V. ACKNOWLEDGEMENT OF OPEN LICENSE TERMS
You hereby accept that the Open Source Software is subject to the specific Open License Terms included with the program DirX Audit. To the extent there is a conflict between these End User License Terms and the Open License Terms, the Open License Terms shall prevail over the End User License Terms with regard to the Open Source Software.