PLEASE READ THIS END USER LICENSE AGREEMENT ("Agreement") CAREFULLY BEFORE USING THE "Software" ("Software") PROVIDED BY COMMEND ÖSTERREICH GMBH ("Company"). BY USING THE SOFTWARE, YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF YOUR BUSINESS ENTITY ("Entity") AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE.
1. License
1.1 Grant of License
The Company grants the Entity a limited, non-exclusive, non-transferable license to use the Software solely for business purposes, subject to the terms of this Agreement.
1.2 License Key and Activation
A valid license key must be obtained from the Company to activate and use the Software. The Software is licensed on a per-end-customer basis. Each customer must have their own valid license key.
1.3 Prohibited Distribution
The Entity is strictly prohibited from distributing, sublicensing, or transferring the Software or any license key to a third party without the prior written consent of the Company.
2. Acceptance of Terms
By installing, activating, accessing, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you are executing this Agreement on behalf of an Entity, you represent that you have the authority to legally bind that Entity.
3. Restrictions
The Entity agrees not to:
- Decompile, reverse engineer, or disassemble the Software.
- Distribute, sublicense, or transfer the Software or license key to any third party without prior written consent.
- Use the Software for any unlawful or unauthorized purpose.
- Allow multiple customers or installations to use the same license key.
4. Ownership
The Software and all associated intellectual property rights remain the exclusive property of the Company. Nothing in this Agreement transfers any ownership rights to the Entity.
5. Termination
This Agreement is effective until terminated. The Company may terminate it immediately if the Entity breaches any of its terms. Upon termination the Entity must cease all use, delete all copies, and deactivate any associated license keys.
6. Disclaimer of Warranties
The Software is provided on an "AS IS" basis without warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not guarantee that the Software will be error-free or operate uninterrupted.
7. Limitation of Liability
In no event shall the Company be liable for any indirect, incidental, consequential, special, or punitive damages (including loss of profits, business interruption, or loss of information) arising out of the Entity's use of, or inability to use, the Software.
8. Indemnification
The Entity agrees to indemnify, defend, and hold harmless the Company, its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, and expenses arising out of the Entity's use of the Software or violation of this Agreement.
9. Governing Law
This Agreement shall be governed by the laws of Austria, without regard to its conflict of law provisions. Any dispute shall be subject to the exclusive jurisdiction of the competent courts in Austria, unless otherwise mandated by applicable law.
10. Third-Party Software
This Software includes third-party open-source components. By accepting this Agreement, the Entity agrees to comply with the applicable open-source licenses, a list of which can be found via the ACAP License Information. The Company is not responsible for issues arising from these components.
11. Third-Party Beneficiaries
Each licensor of third-party software included in the Software is an intended third-party beneficiary of this Agreement, with the right to directly enforce its terms as they relate to the licensor's software.
12. Updates and Upgrades
This Agreement does not automatically entitle you to updates or upgrades. Any patches, fixes, or updates the Company may provide shall be deemed part of the Software and subject to this Agreement.
13. Changes to the Agreement
The Company reserves the right to modify this Agreement at any time. Continued use of the Software following any modification constitutes acceptance of the revised terms.
14. Entire Agreement
This Agreement constitutes the entire agreement between the Entity and the Company and supersedes all prior agreements, representations, and communications.
BY INSTALLING OR USING THE SOFTWARE, THE ENTITY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
Commend Österreich GmbH
Barichgasse 40, 1030 Wien, Austria
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