YOU MUST READ THESE TERMS AND CONDITIONS BEFORE INSTALLING AND USING THIS SOFTWARE.
This End-User License Agreement ("EULA") is a legal agreement between you and MediaServices GmbH for the software that accompanies this EULA, which includes computer software and may include associated media, hardware, printed materials, "online" or electronic documentation, and Iinternet-based services ("Software").
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY WHEN INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR THE PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
1. GRANT OF LICENSE: MediaServices GmbH grants you the following limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable rights provided that you comply with all terms and conditions of this EULA:
1.1 INSTALLATION AND USE: You may install, use, access, display and run one copy of the Software on a single computer, such as a workstation, terminal or other device ("Workstation Computer").
You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the MediaServices GmbH Software or any part thereof.
1.2 UNLICENSED AND LICENSED SOFTWARE: You are entitled to use unlicensed software for free testing with the credits that have been provided to you for this purpose exclusively after you have registered. After the free testing period the purchase of a license is required for further use of the sSoftware. There are technological measures in this Software that are designed to prevent unlicensed use of the Software after the free testing period. MediaServices GmbH will use those measures to confirm you have a legally licensed copy of the Software and to invoice for the usage. If you are not using a licensed copy of the Software after the free testing period, you are not allowed to install the Software or future Software updates.
You may also need to reactivate the Software if you modify your computer hardware or move the sSoftware to a different computer. To reactivate the Software please contact MediaServices GmbH at support@mediaservices.com.
1.3 STORAGE/NETWORK USE: You may not store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other Workstation Computers over an internal network; however, you may access data delivered from other licensed copies of the Software installed on Workstations in the network.
2. INTERNET-BASED SERVICES COMPONENTS: The Software may contain components that enable and facilitate the use of certain iInternet-based services. You acknowledge and agree that MediaServices GmbH may use these services for administrational purposes (e.g. invoicing, etc.) and may also automatically check the version of the Software and/or its components that you are utilizing.
These services must not be disabled or modified by you or one of your vendors under any circumstances.
3. UTILIZATION OF YOUR COMPUTER:
3.1 UTILIZATION OF YOUR COMPUTER: You hereby acknowledge that the MediaServices GmbH Software may utilize the processor and bandwidth of the computer (or other applicable device) you are utilizingusing, for the limited purpose of the internet-based services components mentioned under point 2) of this EULA.
3.2 PROTECTION OF YOUR COMPUTER (RESOURCES): You understand that the MediaServices GmbH Software will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) you are utilizingusing, however, You acknowledge and agree that MediaServices GmbH cannot give any warranties in this respect.
4. RESERVATION OF RIGHTS AND OWNERSHIP: MediaServices GmbH reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. MediaServices GmbH or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
5. 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.
6. NO RENTAL/COMMERCIAL HOSTING: You may not rent, lease, lend or provide commercial hosting services with the Software.
7. CONSENT TO USE OF DATA: You agree that MediaServices GmbH and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. MediaServices GmbH may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
8. ADDITIONAL SOFTWARE/SERVICES: This EULA applies to updates, supplements, add-on components, or iInternet-based services components, of the Software that MediaServices GmbH may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or iInternet-based services component. MediaServices GmbH, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the MediaServices GmbH Software. You acknowledge and agree that MediaServices GmbH has no obligation to make available to you any subsequent versions of the MediaServices GmbH Software. You also agree that you may have to enter into a renewed version of this aAgreement, in the event you want to download, install or use a new version of the MediaServices GmbH Software. MediaServices GmbH reserves the right to discontinue any iInternet-based services provided to you or made available to you through the use of the Software. However, in this case MediaServices GmbH will grant you a continuous operability of the essential features of the Software you have licensed without these services.
9. UPGRADES: To use Software identified as an upgrade, you must first be licensed for the software identified by MediaServices GmbH as eligible for the upgrade. After upgrading, you may no longer use the Ssoftware that formed the basis for your upgrade eligibility.
10. SOFTWARE TRANSFER: Internal. You may move the Software to a different Workstation Computer. After the transfer, you must completely remove the Software from the former Workstation Computer and reactivate the software at support@mediaservices.at.
11. TERMINATION: Without prejudice to any other rights, MediaServices GmbH 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.
12. LIMITED WARRANTY: MediaServices GmbH does 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.
13. NO OTHER WARRANTIES: EXCEPT AS PROVIDED HEREIN, THE SOFTWARE IS PROVIDED "AS IS" AND MEDIASERVICES GMBH EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY CONCERNING THE SOFTWARE OR THE APPLICATION, OPERATION OR USE THEREOF, OR THE DATA GENERATED BY THE OPERATION OR USE THEREOF, INCLUDING, ANY IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR OF MERCHANTABLE QUALITY, NONINFRINGEMENT OR OF FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE, CONCERNING THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS AND THE APPLICATION, OPERATION, OR USE THEREOF. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
14. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEDIASERVICES GMBH OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, 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) ARISING 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 OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MEDIASERVICES GMBH OR ANY SUPPLIER, AND EVEN IF MEDIASERVICES GMBH OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. LIMITATION OF LIABILITY AND REMEDIES: Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of MediaServices GmbH and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software license or Euro 5,00. The foregoing limitations, exclusions and disclaimers (including sSections 12, 13 and 14) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
16. APPLICABLE LAW: This EULA is governed by the laws of Austria. Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of the district of Salzburg, Austria.
17. ENTIRE AGREEMENT; SEVERABILITY: This EULA is the entire agreement between you and MediaServices GmbH 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 MediaServices GmbH policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
18. PARTIAL INVALIDITY: Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this EULA shall nonetheless remain in full force and effect.
19. NO WAIVER: The failure of MediaServices GmbH at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by MediaServices GmbH.
20. NO ASSIGNMENT BY YOU: You are not allowed to assign this EULA or any rights hereunder.
21. ASSIGNMENT BY MEDIASERVICES GMBH: MediaServices GmbH is allowed at its sole discretion to assign this EULA or any rights hereunder to other companies, without giving prior notice.
Should you have any questions concerning this EULA, or if you desire to contact MediaServices GmbH for any reason, please visit MediaServices GmbH on the World Wide Web at http://www.mediaservices.at.
