SOFTWARE LICENSE AGREEMENT
Please read this license carefully before downloading or using the software. At the time of installation of Software from J. Auer, C. Kaup & F. Renn GbR (“Fielding DSP”) you will see a copy of the license agreement and you will be asked to agree to it. By continuing with the installation beyond that point you agree to all the terms and conditions. Fielding DSP software is licensed, not sold. Fielding DSP retains all ownership rights to the software and documentation. Use of the Software is limited by the following license terms and conditions.
The application and other software which can be downloaded from this Website (the "Fielding DSP Software") and the related documentation are licensed to you by Fielding DSP. Fielding DSP retains title to the Fielding DSP Software and related documentation. Fielding DSP grants you a non-transferable, non-exclusive license to use the software under the terms and conditions stated in this agreement.
You may use the Fielding DSP software on only one computer at a time. You are allowed to take a reasonable amount of backup copies of the software for your own use only. You may not de-compile, reverse engineer, disassemble, or otherwise reduce the Fielding DSP Software to a human-perceivable form. You may not make copies of the Fielding DSP Software or the user manual in whole or in part except as expressly permitted by this license agreement. You may not copy, modify, network, rent, lease, loan, distribute or create derivative works based upon the Fielding DSP Software or related documentation in whole or in part other than expressly permitted by applicable legislation. If you use the demo version of Fielding DSP software, then this license shall apply to you during the demonstration period only.
This License is effective until terminated by you or Fielding DSP. You may terminate this License at any time by destroying the Fielding DSP Software and related documentation, and erasing / uninstalling the software from all computers. This License will terminate immediately without notice from Fielding DSP in the event of breach of any of the terms of this agreement. Upon termination you shall remain subject to the provisions, restrictions, and exclusions in this License Agreement and shall have no right to any refund of any amounts paid for the Fielding DSP Software. For any breach of this License Agreement, no termination shall release you from liability and you shall pay the attorney’s fees of Fielding DSP that are reasonably necessary to enforce the agreement plus resulting damages.
4. Disclaimer of Warranty on Fielding DSP Software
You expressly acknowledge and agree that use of the Fielding DSP software is at your sole risk. No oral or written information or advice given by Fielding DSP or a Fielding DSP-authorised representative shall create a warranty or in any way limit this disclaimer. The Fielding DSP Software and related documentation, are provided "as is" and without warranty of any kind and Fielding DSP expressly disclaims all warranties and/or conditions, express or implied, including, but not limited to, the implied warranties and/or conditions of satisfactory quality and fitness for a particular purpose. Should the Fielding DSP software prove defective, you (and not Fielding DSP or a Fielding DSP-authorised representative) assume the entire cost of all necessary servicing, repair, or correction. Fielding DSP does not warrant that the functions contained in the Fielding DSP software will meet your requirements, or that the operation of the Fielding DSP software will be uninterrupted or error-free, or that defects in the Fielding DSP software will be corrected. Fielding DSP is not obligated to make available to you any further information, software, technical information, know-how, or support. Fielding DSP do not warrant or make any representations regarding the use or the results of the use of the Fielding DSP software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. Fielding DSP’s aggregate liability in respect of any single event or series of events whether as a result of negligence, breach of contract, misrepresentation, or otherwise shall in no circumstances exceed the cost of the defective, damaged, or undelivered product determined by the net invoiced price.
Fielding DSP shall be under no liability for any loss, damage or injury, direct or indirect, resulting from defective material, faulty workmanship, or otherwise howsoever and, save as expressly provided to the contrary, all conditions, warranties, and representations expressed or implied by statute, law, or otherwise in relation to any Fielding DSP Software are hereby excluded. The terms of this disclaimer do not affect or prejudice the statutory rights of a consumer acquiring Fielding DSP software otherwise than in the course of a business. Neither do they limit or exclude any liability for death or personal injury caused by Fielding DSP’s negligence.
Nothing contained in this agreement shall be construed as imposing on Fielding DSP any obligation to maintain, acquire, file, or defend any suit or action regarding the validity or infringement of any Fielding DSP intellectual property licensed under this agreement.
5. Limitation of Liability
In no event shall Fielding DSP's total liability to you for all damages, losses, and causes of action (whether in contract, tort including negligence, or otherwise) exceed the amount paid by you for the Fielding DSP Software. Under no circumstances, including negligence, shall Fielding DSP be liable for any incidental, special, or consequential damages arising from the use or inability to use the Fielding DSP software or accompanying material, even if Fielding DSP or a Fielding DSP-authorised representative has been advised of the possibility of such damages.
6. Controlling Law and Severability
This License shall be governed by and construed in accordance with the laws of Germany. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
You agree that the License Agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of the License Agreement. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorised representative of Fielding DSP. You acknowledge that you have read this License Agreement and understand it, and agree to be bound by the terms and conditions.