SOFTWARE LICENSE AGREEMENT FOR NEURONprocessor / NEURONpublisher SOFTWARE
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE NEURONprocessor / NEURONpublisher SOFTWARE. BEFORE USING THE NEURONprocessor / NEURONpublisher SOFTWARE, DECLARE YOUR AGREEMENT WITH THE TERMS AND CONDITIONS OF THE FOLLOWING LICENSE AGREEMENT. DO NOT USE THE SOFTWARE IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT.
NEURONprocessing UG hereby grants you the right to use the NEURONprocessor / NEURONpublisher software including the documentation, regardless of whether it is stored on a diskette, ROM or other data carrier. Furthermore, NEURONprocessing UG reserves all rights not expressly granted to you. The licenses granted under this agreement are limited to the copyrights of NEURONprocessing UG and do not include any other patents or copyrights. If you have received the NEURONprocessor / NEURONpublisher Software on a data carrier, then only the data carrier on which the NEURONprocessor / NEURONpublisher Software is located shall become your property; NEURONprocessing UG shall be the owner of all property or other rights to the NEURONprocessor / NEURONpublisher Software. The rights granted under this license include any software updates that replace and/or supplement the original NEURONprocessor / NEURONpublisher software product, unless such update comprises a separate license.
2. use and restrictions
The Licensor hereby grants you the right to install and use the NEURONprocessor / NEURONpublisher Software. The NEURONprocessor / NEURONpublisher Software may be used to reproduce materials, provided that such use is limited to the reproduction of materials that are not protected by copyright, for which you own the copyright, or which you are authorized or permitted by law to reproduce. You may not make the NEURONprocessor / NEURONpublisher Software available over a network where it can be used by more than one computer at a time. You may make one machine-readable copy of the NEURONprocessor / NEURONpublisher Software for backup purposes. You are obligated to include on each copy of the NEURONprocessor / NEURONpublisher Software the copyright and other proprietary notices that were included on the original. You agree not to copy, decompile, reverse engineer or disassemble, modify or create derivative works of the NEURONprocessor / NEURONpublisher Software or any portion thereof, except as expressly permitted under this License Agreement or by law. NEURONprocessor / NEURONpublisher Software MAY NOT BE USED IN OR IN CONNECTION WITH THE OPERATION OF NUCLEAR POWER SYSTEMS, AIRCRAFT, COMMUNICATION SYSTEMS, AIR SUPERVISION, LIFE-SUSTAINING EQUIPMENT OR OTHER MACHINERY; IN SUCH CASES, AN ERROR IN THE NEURONprocessor / NEURONpublisher SOFTWARE MAY CAUSE DEATH, Bodily Injury, OR SERIOUS PROPERTY AND ENVIRONMENTAL DAMAGE.
You may not rent, lease, loan or sublicense the NEURONprocessor / NEURONpublisher Software. You are not entitled to transfer your license to a third party.
4. consent to the use of data
You agree that NEURONprocessing UG may collect and use technical and related information, including but not limited to, technical information about your computer, system software and software programs, and peripheral devices, as relevant to the NEURONprocessor / NEURONpublisher software. This information is collected periodically to facilitate the provision of software updates, product support and other services to you (if any) and to verify compliance with the terms of this license. NEURONprocessing UG is entitled to use this information to improve our products or to provide you with services and technologies, provided that this information is used in a form that does not allow any conclusions to be drawn about you personally.
5. other services
You hereby acknowledge that the Services, including but not limited to graphics, audio clips and editorial content, contain proprietary information and materials owned by NEURONprocessing UG and/or its licensors and are protected by applicable intellectual property or other laws, including but not limited to copyright. You agree not to use such proprietary information and materials for any purpose other than for permissible use of the Services. You may not reproduce the Services or any portion thereof in any form. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works of the Services in any way. You further agree not to misuse the Services, including, but not limited to, by intruding into networks or by burdening network capacity.
NEURONprocessing UG reserves the right to modify, temporarily suspend, remove or disable access to any services at any time without prior notice. NEURONprocessing UG shall in no event be liable for the discontinuation of any services or the deactivation of access. NEURONprocessing UG may at any time, without prior notice and to the exclusion of its liability, restrict the use of or access to any content or part of the Services.
6. running time
This license agreement is valid until its termination. Your rights under this license agreement will terminate automatically without notice from NEURONprocessing UG if you breach one or more provisions of this license agreement. Upon termination of this License Agreement, you shall cease all use of the NEURONprocessor / NEURONpublisher Software and destroy all copies of the NEURONprocessor / NEURONpublisher Software or portions thereof in your possession.
7 Limited Warranty for Data Media
For a period of thirty (30) days from the date of the original purchase, NEURONprocessing UG warrants that the media on which the NEURONprocessor / NEURONpublisher Software is stored and provided by NEURONprocessing UG will be free from defects in materials and workmanship under normal use. Your exclusive remedy under this paragraph shall be, at NEURONprocessing UG's option, a refund of the purchase price of the product comprising the NEURONprocessor / NEURONpublisher Software or a replacement of the NEURONprocessor / NEURONpublisher Software returned to NEURONprocessing UG or an authorized distributor with a copy of the proof of purchase.
THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES FOR THE MEDIA INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF ORIGINAL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY TO WHICH YOU ARE ENTITLED AND IS IN LIEU OF ANY OTHER WARRANTIES (IF ANY) THAT MAY BE IMPLIED FROM STATEMENTS IN THE DOCUMENTATION OR ON THE PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
8. waiver of warranty
YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT THE USE OF NEURONprocessor / NEURONpublisher Software (AS DEFINED ABOVE) AND SERVICES (AS DEFINED ABOVE) IS AT YOUR OWN RISK AND THAT YOU ASSUME ALL RISK WITH RESPECT TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EXPENSES. subject to the foregoing limited warranty for data subjects and to the maximum extent permitted by applicable law, the neuronprocessing / neuronpublisher software and services are provided "as is" with all faults and without warranty of any kind. NEURONprocessing UG HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE NEURONprocessor / NEURONpublisher Software AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT. NEURONprocessing UG MAKES NO WARRANTY THAT THE UNINTERRUPTED OWNERSHIP OF THE NEURONprocessor / NEURONpublisher Software OR SERVICES WILL NOT CAUSE THE FUNCTIONS IN THE NEURONprocessor / NEURONpublisher Software OR SERVICES TO MEET THEIR REQUIREMENTS, THAT THE OPERATION OF THE NEURONprocessor / NEURONpublisher Software OR SERVICES WILL BE DISTURBED OR ERROR-FREE OR THAT ERRORS IN THE NEURONprocessor / NEURONpublisher Software OR SERVICES WILL BE CORRECTED. THE ORAL OR WRITTEN INFORMATION OR STATEMENTS ON THE PART OF NEURONprocessing UG OR AN AUTHORIZED REPRESENTATIVE DO NOT CONSTITUTE ANY WARRANTY. IF NEURONprocessing / NEURONpublisher Software OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE FULL COST OF ALL NECESSARY SERVICES, REPAIRS OR CORRECTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON A CUSTOMER'S APPLICABLE STATUTORY RIGHTS, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
9. limitation of liability
to the extent not prohibited by law, in no event shall neuronprocessing ug be liable for any personal injury or incidental, special or consequential damages, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR OTHER COMMERCIAL DAMAGES OR LOSSES, arising out of or in connection with the use of the neuronprocessor / neuronpublisher software or services or the inability to use the neuronprocessor / neuronpublisher software or services and regardless of the legal theory of liability (contract, tort or otherwise) AND WHEREAS NEURONprocessing UG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall the total liability of NEURONprocessing UG for all damages (except for the mandatory legal liability required in case of personal injury) to you exceed the sum of fifty euros (€ 50.00). The above limitations shall also apply if the above remedy does not fulfil its intended purpose.
10. export control
You warrant that the NEURONprocessor / NEURONpublisher Software will only be exported in compliance with all applicable export regulations of the country in which you received the NEURONprocessor / NEURONpublisher Software and the Federal Republic of Germany. In particular, the NEURONprocessor / NEURONpublisher Software may not be exported or re-exported to any country to which the Federal Republic of Germany has imposed an embargo, or to any person on the U.S. Treasury Department's list or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the NEURONprocessor / NEURONpublisher software, you declare that you are neither a resident of one of these countries nor named on any of the aforementioned lists.
11 Applicable law and partial invalidity
This License Agreement shall be governed by the laws of the Federal Republic of Germany as applied to contracts entered into in Germany between German residents. This License Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. The invalidity of any provision of this License Agreement shall not affect the validity of the remainder of the Agreement.
This License Agreement contains the entire agreement between the parties with respect to the NEURONprocessor / NEURONpublisher software licensed hereunder and supersedes all prior oral or written agreements in this regard. Any amendments or additions to this Agreement shall be in writing. Any translation of this license agreement will be made for local purposes. In the event of any inconsistency between the German and non-German versions, the German version of this License Agreement shall prevail.
NEURONprocessing UG 2019 - 20