– Last date of change: 2017-06-16 –
BY INSTALLING OR USING THIS SOFTWARE, YOU ARE BECOMING A PARTY TO, AND ARE CONSENTING TO BE BOUND BY, THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THIS SOFTWARE.
Subject to the terms of this AGREEMENT, the LICENSOR hereby grants the LICENSEE a worldwide, non-transferable, non-exclusive, non-sub-licensable, limited LICENSE that allows:
Unless a valid non-disclosure agreement exists between the Parties, in which case the terms of that non-disclosure agreement shall apply, the following terms shall: Except as necessary for its performance under the AGREEMENT or required by law, the LICENSOR shall not disclose to anyone any information furnished by the LICENSEE that is marked as confidential or proprietary.
Title, ownership rights, intellectual property rights, and copyright to the SOFTWARE, and any copies or portions thereof, shall remain in LICENSOR. The SOFTWARE is protected by European copyright directives, Austrian copyright laws as well as United States copyright laws and international treaty provisions.
THE SOFTWARE IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND. LICENSOR HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME U.S. STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO LICENSEE. LICENSEE MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
LICENSEE ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. LICENSOR ASSUMES NO LIABILITY FOR THE COST OF ANY SERVICE OR REPAIR IF THE SOFTWARE IS DEFECTIVE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL LICENSOR, OR ITS LICENSORS, SUPPLIERS OR RESELLERS, BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE MONEY PAID FOR THE SOFTWARE, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME U.S. STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO LICENSEE.
The license granted herein shall be perpetual. If LICENSEE fails to comply with any of the terms of this AGREEMENT, this AGREEMENT and the rights granted herein will terminate immediately. LICENSOR may, at its sole discretion and at any time, terminate this AGREEMENT. On termination, LICENSEE must cease using and destroy all copies of the SOFTWARE.
LICENSEE shall comply with all export laws, restrictions and regulations of the United States, the Directive 2009/428/EC of the European Parliament and of the Council and the Austrian Außenwirtschaftsgesetz 2011, BGBl I No. 26/2011. LICENSEE shall not export, re-export or otherwise transfer the SOFTWARE to any country for which the United States or the European Union or Austria maintains an embargo, or to any person or entity on the U.S. Department of Treasury List of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. LICENSEE represents and warrants that licensee is not located in, under the control of, or a national or resident of any restricted country or on any such list.
Portions of the SOFTWARE utilize or include third party software and other copyrighted materials. Credits, licensing terms, and disclaimers for such materials are contained in the installation directory for the SOFTWARE, and are accessible via the “3rd Party Licenses” dialog for the SOFTWARE. LICENSEE agrees that use of such copyrighted materials is governed by their respective terms.
This AGREEMENT represents the complete agreement concerning this SOFTWARE between the PARTIES and supersedes all prior agreements and representations between them. It may be amended only in writing executed by both PARTIES. Coati Software OG reserves the exclusive right to periodically update this AGREEMENT at its discretion at any time, with reasonable notice to LICENSEE by posting the new AGREEMENT at the following URL: https://www.sourcetrail.com/terms-of-use. Any action arising out of or relating to this AGREEMENT may be brought exclusively in Salzburg, Austria, and the PARTIES irrevocably consent to the jurisdiction of such courts and venue in Salzburg, Austria.
If you have questions regarding this agreement, contact:
Coati Software OG