|Read the terms and conditions of this license Agreement carefully before using the software licensed to You. The software covered by this Agreement is copyrighted and is licensed, not sold. This license Agreement represents the entire Agreement concerning the licensed software between You and Cobasoft GmbH ("Cobasoft"), and it supersedes any prior proposal, representation, or understanding between the parties. By taking possession of the Cobasoft software, You and Your company (collectively "You") are accepting and agreeing to the terms of this license Agreement. If You are not willing to be bound by the terms of this license Agreement, You should promptly delete the licensed Cobasoft software from Your system and advise us of the same.
|This License Agreement covers the accompanying version of the software called 'Cobasoft Clock' ("Software").
|The Software is distributed as Shareware.
This means that You can freely copy and distribute verbatim
copies of the unregistered Software, in any medium, provided
that You do not modify it in any fashion, keep intact all the
notices that refer to this License and to the absence of any
warranty, and do not pass on any RegCodes which You have
You become a registered user by acquiring serial number and registration key ("RegCodes") from Cobasoft or a reseller or distributor. These RegCodes are confidential and may not be disclosed to others, by any means. They may not be transferred by unencrypted or otherwise unsecured media and may not be published in any way.
|Subject to the provisions contained herein,
Cobasoft hereby grants You a non-exclusive, personal license
to use the Software on one or more computers.
The registered version of the Software makes some additional features available. You can use these features only if you have RegCodes. The RegCodes are implemented in a way that allows multiple users on the same machine to have different RegCodes. So registered and unregistered users may share the Software on a single machine or network drive, even at the same time.
|4. SOFTWARE AND DOCUMENTATION
|The Software is distributed as an archive file that contains all required files, all documentation and this license. You can install the software on any computer, even on network servers. You can distribute it freely but you may never distribute the serial number and registration key.
|5. COPYRIGHT AND TRADEMARK
|The Software is protected by the copyright laws and international copyright treaties. "Cobasoft" is a registered trademark.
|Title, ownership rights, and intellectual property rights in and to all software and documentation licensed to You, shall remain in Cobasoft and/or its suppliers. You acknowledge such ownership and intellectual property rights and You will not take any action to jeopardize, limit or interfere in any manner with Cobasoft's or its suppliers' ownership of or rights with respect to the Software. The Software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives You no rights to such content. This Agreement does not include the right to sublicense the Software and is personal to You. You agree not to modify, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software.
|7. DISCLAIMER OF WARRANTY
|THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU AND NOT COBASOFT OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE SOFTWARE HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE SOFTWARE SUFFICIENTLY MEETS ITS REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
|8. LIMITATION OF LIABILITY
|TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COBASOFT OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, COBASOFT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES YOU PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE SOFTWARE RECEIVED BY COBASOFT UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF COBASOFT TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. COBASOFT IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH THE SOFTWARE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
|9. HIGH RISK ACTIVITIES
|The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Cobasoft and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that Cobasoft and its suppliers will not be liable for any claims or damages arising from the use of the Software in such applications.
|Cobasoft may terminate this Agreement immediately in the event of default by You. Upon any termination of this Agreement, You shall immediately discontinue the use of the Software. Your obligations to pay accrued charges and fees, if any, shall survive any termination of this Agreement.
|11. COURT JURISDICTION
|Unless otherwise agreed in writing, all disputes relating to this Agreement shall be subject to final and binding arbitration or jurisdiction in Gemünden, Germany.
|12. COSTS OF LITIGATION
|If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
|13. ENTIRE AGREEMENT
|This Agreement represents the complete and exclusive statement of the Agreements concerning this license between the parties and supersedes all prior Agreements and representations between them. It may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND COBASOFT AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER.
|If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this Agreement.
|15. NO WAIVER
|The failure of either party to enforce any rights granted hereunder or to take action against the other Party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.