End user license agreement
Pinker Preview End User License Agreement
This End User License Agreement ("License") sets forth the legal terms between Pinkerfind UG (haftungsbeschränkt) ("PF") and You (the entity that legally obtained a copy of the Software from Pinkerfind) with respect to the Pinkerfind "Pinker Preview" software product ("Software").
PLEASE READ CAREFULLY. BY INDICATING YOUR ACCEPTANCE OF THESE TERMS, OR BY DOWNLOADING, INSTALLING, OR USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
License. Subject to Your compliance with the terms and conditions of this License and payment of any applicable license fees, PF grants to You a limited, non-exclusive, non-transferable, non-sub-licensable license to download, install and use a single copy of the Software: (i.) on one primary computer, and (ii.) on one other computer used primarily by You (e.g., a portable computer), provided that the Software is not in concurrent use on more than one device at all times. "Software" includes object code form of the software program, accompanying documentation, related components provided with the Software, and any updates and maintenance releases provided to You. You shall not use the Software to provide any service bureau, rental service, subscription service, litigation support or other consulting service where you sell output or results from the Software. You understand that the Software is not designed to preserve data as evidence for court purposes or data retention and PF expressly disclaims any liability for data loss or alteration. This Software is licensed, not sold, and PF grants You only the specific rights expressly set forth in this paragraph. PF reserves all other rights.
Restrictions. You agree not to (i) alter any copyright, trademark, patent, or other proprietary legends on or in the Software; (ii) decompile, reverse engineer, disassemble or otherwise reproduce the Software, or modify or create derivative works based on the Software; (iii) publish, rent, lease, sublicense, distribute, transfer or assign the Software; or (iv) merge the Software into another program. The Software may contain software licensed from third parties ("Licensed Software") and You may not access any Licensed Software made available in connection with or through the Software (e.g., an integrated file viewer) without the presence and execution of the Software. You agree that the owners of such Licensed Software may enforce their rights against You directly in their own name.
Support. The terms of this License will also govern all updates or upgrades provided by PF which replace or supplement the Software, unless such update or upgrade is accompanied by a separate license, in which case the terms of that license will govern. You are not entitled to any updates, enhancements, upgrades or modifications to the Software or any support or maintenance services unless you have entered into an agreement for such support or maintenance services and are in good standing under such agreement. PF does not guarantee that any future updates or upgrades of Software will be made available to You or will be available free of charge. Without limiting the generality of the foregoing, PF may cease offering support of any kind pertaining to the usage of older releases of Software whenever a new release, whether for free or for pay, of Software becomes available.
Changes. PF products and services are constantly evolving and PF may change or discontinue the Software or impose new or additional rules, policies, terms or conditions on Your use of the Software and all or part of the terms of this License, without notice or liability to You. Your continued use of the software following PF's posting of any changed terms will constitute your acceptance of the changed terms.
Termination. This License is effective until terminated. You may terminate this License at any time. This License will terminate immediately without notice from PF if You fail to comply with any provision of this License.
DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. PF EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PF DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL, AND/OR USE THE SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION, OR USE OF THE SOFTWARE. PF DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR DOWNLOAD, INSTALLATION, OR USE OF THE SOFTWARE.
LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL PF BE LIABLE TO YOU FOR YOUR USE OF THE SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE, FROM INABILITY TO USE THE SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, PF?S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF 10% OF THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT TO WHICH THE LIABILITY IS RELATED OR €50.
Indemnification. You agree to indemnify, hold harmless and defend PF, and its officers, directors, employees, affiliates, successors and assigns from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of the Software in violation of this Agreement.
Export Control; Government End Users. The Software may be subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software, which may include restrictions on destinations, end users and usage. If the Software is supplied to or on behalf of the United States Government, then the Software is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software." All other terms and conditions of this License apply.
Order of Precedence. In the event of a conflict between the terms and conditions of this License, and any negotiated and executed license between PF and You governing Your use of the Software, such written license shall control. In the event of a conflict between the terms and conditions of this License and another software end user license agreement for a program sold in conjunction with the Software, this License shall control.
Choice of Law and Venue. This License shall be governed by and construed in accordance with the laws of Germany, exclusive of its choice of law or conflicts of law rules. You and PF agree to submit to the exclusive jurisdiction of the courts of Dresden, Germany in any dispute relating to this Agreement. Any cause of action by you with respect to the Software and/or this Agreement (and/or any information, goods or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly against either party.
Miscellaneous. Nothing herein shall be construed to limit PF rights and remedies provided by law. This License, including the Terms of Service, accessible at http://www.x1.com/terms/service.html, constitutes the entire agreement between You and PF relating to the Software and supersedes all prior or contemporaneous oral or written communications and representations with respect to the Software or any other subject matter covered by this Agreement. By using the Software, You represent to PF that You have the power and authority to consent to and accept these License terms on behalf of the entity which has purchased this License (where You is a business, company or organization).
REVISED: March 1, 2017