By receiving, opening the file package, and/or using HCM Pattern Optimizer Free Version ("Software") containing this software, you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by PreHCM Services GmbH your use of HCM Pattern Optimizer Free Version indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, PreHCM Services GmbH grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use HCM Pattern Optimizer Free Version in accordance with this Agreement and any other written agreement with PreHCM Services GmbH. PreHCM Services GmbH does not transfer the title of HCM Pattern Optimizer Free Version to you; the license granted to you is not a sale. This agreement is a binding legal agreement between PreHCM Services GmbH and the purchasers or users of HCM Pattern Optimizer Free Version.
If you do not agree to be bound by this agreement, remove HCM Pattern Optimizer Free Version from your computer now and, if applicable, promptly return to PreHCM Services GmbH by mail any copies of HCM Pattern Optimizer Free Version and related documentation and packaging in your possession.
HCM Pattern Optimizer Free Version and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of HCM Pattern Optimizer Free Version contact PreHCM Services GmbH.
3. USER AGREEMENT
Your license to use HCM Pattern Optimizer Free Version is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of HCM Pattern Optimizer Free Version.
3.2 Use Restrictions
You shall use HCM Pattern Optimizer Free Version in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of HCM Pattern Optimizer Free Version together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of HCM Pattern Optimizer Free Version may be used on one single computer location by one user. Use of HCM Pattern Optimizer Free Version means that you have loaded, installed, or run HCM Pattern Optimizer Free Version on a computer or similar device. If you install HCM Pattern Optimizer Free Version onto a multi-user platform, server or network, each and every individual user of HCM Pattern Optimizer Free Version must be licensed separately.
You may make one copy of HCM Pattern Optimizer Free Version for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of HCM Pattern Optimizer Free Version . The assignment, sublicense, networking, sale, or distribution of copies of HCM Pattern Optimizer Free Version are strictly forbidden without the prior written consent of PreHCM Services GmbH. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of HCM Pattern Optimizer Free Version. If any person other than yourself uses HCM Pattern Optimizer Free Version registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile HCM Pattern Optimizer Free Version. Nor can you create any derivative works or other works that are based upon or derived from HCM Pattern Optimizer Free Version in whole or in part.
PreHCM Services GmbH's name, logo and graphics file that represents HCM Pattern Optimizer Free Version shall not be used in any way to promote products developed with HCM Pattern Optimizer Free Version . PreHCM Services GmbH retains sole and exclusive ownership of all right, title and interest in and to HCM Pattern Optimizer Free Version and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of HCM Pattern Optimizer Free Version, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for PreHCM Services GmbH.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend PreHCM Services GmbH, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of PreHCM Services GmbH's Software.
In no event (including, without limitation, in the event of negligence) will PreHCM Services GmbH , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, HCM Pattern Optimizer Free Version or the use or inability to use HCM Pattern Optimizer Free Version or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
PreHCM Services GmbH's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by PreHCM Services GmbH ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to PreHCM Services GmbH.
Except as expressly stated in writing, PreHCM Services GmbH makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the Germany applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Germany therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of HCM Pattern Optimizer Free Version and destroy all copies of HCM Pattern Optimizer Free Version supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY HCM Pattern Optimizer Free Version AS WELL.
5. CONSENT OF USE OF DATA
You agree that PreHCM Services GmbH may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to HCM Pattern Optimizer Free Version.PreHCM Services GmbH may also use this information to provide notices to you which may be of use or interest to you.