The copyright for the ELP software belongs to:
stethos Systemhaus GmbH
Weimarer Str. 48
NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT"), FOR THE LICENSE OF SPECIFIED SOFTWARE ("SOFTWARE") PRODUCED BY STETHOS BY CLICKING THE ACCEPT BUTTON OR INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL THE SOFTWARE. (IF APPLICABLE, YOU MAY RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.)
1. License Grant. Subject to the payment of the applicable license fees, and subject to the terms and conditions of this agreement, stethos hereby grants to you a non-exclusive, non-transferable right to use one copy of the specified version of the software and the accompanying documentation (the "documentation"). You may install one copy of the software on one printer, computer, workstation, personal digital assistant, pager, "smart phone" or other electronic device for which the software was designed (each, a "client device"). If the software is licensed as a suite or bundle with more than one specified software product, this license applies to all such specified software products, subject to any restrictions or usage terms specified on the applicable price list or product packaging that apply to any of such software products individually.
a. Use. The software is licensed as a single product; it may not be used on more than one client device or by more than one user at a time, except as set forth in this section 1. The software is "in use" on a client device when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that client device. This license authorizes you to make one copy of the software solely for backup or archival purposes, provided that the copy you make contains all of the software's proprietary notices unaltered and unobstructed.
b. Server-Mode Use. You may use the software on a client device as a server ("server") within a multi-user or networked environment ("server-mode") only if such use is permitted in the applicable price list or product packaging for the software. A separate license is required for each client device or "seat" that may connect to the server at any time, regardless of whether such licensed client devices or seats are concurrently connected to, accessing or using the software. Use of software or hardware that reduces the number of client devices or seats directly accessing or utilizing the software (e.g., "multiplexing" or "pooling" software or hardware) does not reduce the number of licenses required (i.e., the required number of licenses would equal the number of distinct inputs to the multiplexing or pooling software or hardware "front end"). If the number of client devices or seats that can connect to the software can exceed the number of licenses you have obtained, then you must have a reasonable mechanism in place to ensure that your use of the software does not exceed the use limits specified for the licenses you have obtained. This license authorizes you to make or download one copy of the documentation for each client device or seat that is licensed, provided that each such copy contains all of the documentation's proprietary notices unaltered and unobstructed.
c. Volume License Use. If the software is licensed with volume license terms specified in the applicable product invoicing or product packaging for the software, you may make, use and install as many additional copies of the software on the number of client devices as the volume license terms specify. You must have a reasonable mechanism in place to ensure that the number of client devices on which the software has been installed does not exceed the number of licenses you have obtained. This license authorizes you to make or download one copy of the documentation for each additional copy authorized by the volume license, provided that each such copy contains all of the documentation's proprietary notices unaltered and unobstructed.
2. Term. This agreement is effective for an unlimited duration unless and until earlier terminated as set forth herein. This agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this agreement, you must cease use of the software and destroy all copies of the software and the documentation.
3. Updates. For the time period specified in the applicable product invoicing or product packaging for the software, you are entitled to download revisions or updates to the software when and as stethos publishes them via its electronic bulletin board system, website or through other online services. For a period of ninety (90) days from the date of the of original purchase of the software, you are entitled to download one (1) revision or upgrade to the software when and as stethos publishes it via its electronic bulletin board system, website or through other online services. After the specified time period, you have no further rights to receive any revisions or upgrades without purchase of a new license to the software.
4. Ownership Rights. The software is protected by copyright laws and international treaty provisions. stethos and its suppliers own and retain all right, title and interest in and to the software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the software does not transfer to you any title to the intellectual property in the software, and you will not acquire any rights to the software except as expressly set forth in this agreement. All copies of the software and documentation made hereunder must contain the same proprietary notices that appear on and in the software and documentation.
5. Restrictions. You may not sell, lease, license, rent, loan or otherwise transfer, with or without consideration, the software. You shall not disclose the results of any benchmark test that you make of the software to any third parties without stethos prior written consent. Customer agrees not to permit any third party (other than third parties under contract with customer which contains nondisclosure obligations no less restrictive than those set forth herein) to use the licensed program in any form and shall use all reasonable efforts to ensure that no improper or unauthorized use of the licensed program is made. You may not permit third parties to benefit from the use or functionality of the software via a timesharing, service bureau or other arrangement, except to the extent such use is specified in the applicable list price or product packaging for the software. You may not transfer any of the rights granted to you under this agreement. You may not reverse engineer, decompile, or disassemble the software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the software in whole or in part. You may not copy the software or documentation except as expressly permitted in section 1 above. You may not remove any proprietary notices or labels on the software. All rights not expressly set forth hereunder are reserved by stethos.
6. Warranty and Disclaimer.
a. Limited Warranty. stethos warrants that for sixty (60) days from the date of original purchase the media (e.g., diskettes) on which the software is contained will be free from defects in materials and workmanship.
b. Customer Remedies. stethos and its suppliers' entire liability and your exclusive remedy for any breach of the foregoing warranty shall be, at stethos option, either (i) return of the purchase price paid for the license, if any, or (ii) replacement of the defective media in which the software is contained. You must return the defective media to stethos at your expense with a copy of your receipt. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication. Any replacement media will be warranted for the remainder of the original warranty period.
c. Warranty Disclaimer. Except for the limited warranty set forth herein, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STETHOS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, STETHOS MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL STETHOS OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL STETHOS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE STETHOS CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF STETHOS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
8. German Government. The software and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation". Any use, modification, reproduction, release, performance, display or disclosure of the software and accompanying documentation by the German government shall be governed solely by the terms of this agreement and shall be prohibited except to the extent expressly permitted by the terms of this agreement.
9. High Risk Activities. The software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the software could lead directly to death, personal injury, or severe physical or property damage (collectively, "high risk activities"). stethos expressly disclaims any express or implied warranty of fitness for high risk activities.
10. Miscellaneous. This agreement is governed by the laws of Germany without reference to conflict of laws principles. This agreement sets forth all rights for the user of the software and is the entire agreement between the parties. stethos reserves the right to periodically audit you to ensure that you are not using any software in violation of this agreement. During your standard business hours and upon prior written notice, stethos may visit you and you will make available to stethos or its representatives any records pertaining to the software to stethos. The cost of any requested audit will be solely borne by stethos, unless such audit discloses an underpayment or amount due to stethos in excess of five percent (5%) of the initial license fee for the software or you are using the software in an unauthorized manner, in which case you shall pay the cost of the audit. This agreement supersedes any other communications with respect to the software and documentation. This agreement may not be modified except by a written addendum issued by a duly authorized representative of stethos. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by stethos or a duly authorized representative of stethos. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. The parties confirm that it is their wish that this agreement has been written in the English language only.
11. Place of court and usable law. The exclusive place of court and applicable law which are a result of this agreement are these who are in charge for Sindelfingen / Germany.
To the original purchaser, the manufacturer warrants the memory module (DIMM/MFC) or CD on which the software/firmware is stored to be free of defects in materials and faulty workmanship for a period of ninety (90) days from the date the software is delivered. If during this period a defect in these DIMM, CD or diskette should occur, you may return the product with a copy of your receipt or other proof of payment to the manufacturer or to an authorized distributor, and the manufacturer/distributor will replace the dimm or diskette without charge. Your sole and exclusive remedy in the event of a defect is expressly limited to replacement of the DIMM/MFC or CD as provided above.
The manufacturer does not warrant that the functions contained in this software will meet your requirements or that the software/firmware operation will be uninterrupted or error free. Information contained in the user manual is subject to change without notice and does not represent a commitment on the part of the manufacturer.
IN NO EVENT WILL THE MANUFACTURER OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS SOFTWARE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PROGRAM AND MANUAL IS ASSUMED BY YOU.