Cybernetic Intelligence GmbH License Agreement

SOFTWARE LICENSE AGREEMENT AND WARRANTY STATEMENT

CYBERNETIC INTELLIGENCE GMBH, (CI) IS ONLY PREPARED TO LICENSE THE SOFTWARE UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS ENCLOSED IN THIS LICENSE AGREEMENT. BY INSTALLING OUR SOFTWARE YOU AGREE AUTOMATICALY TO THE TERMS CONTAINED HEREIN. PLEASE READ THIS LICENSE AGREEMENT VERY CAREFULLY. IN CASE YOU DON’T AGREE WITH THESE TERMS, YOU SHOULD NEITHER ACQUIRE NOR INSTALL OUR SOFTWARE.

1. The Software The Software licensed under this agreement consists of computer programs, data compilations, and documentation referred to as EasyRM (the “Software”) which itself consists of various components (currently: Repository, Integrator, Requirement Manager, Glossary, Document manager, RequirementBook Report, GlossaryBook Report, Model Copy add-on, ASCII Text Editor and License Manager) including any updates which may be provided by CI occasionally. The components can be licensed separatly, but, by installing any of the component referred to previously, you agree automaticaly to the terms of this license agreement.
2. Perpetual Term. The term of the license granted herein shall be perpetual unless terminated by written notice by You for convinience or terminated by either party for material breach. Immediately upon the termination of the license for any reason, You must return us all license keys which had been issued by us for you and remove our software, all it’s copies and instances as well as all documentation which has been in your posession.
3. License Grant for Client Software. By acquiring a license key(s) for one or several components of our software You are granted non-exclusive rights to initialize, i.e. to turn a demo version into a full version of the Software or its components and to use the full version(s) of the Software or its components on any single computer and/or transmit the Software over an internal computer network, provided You acquire a separate license key for the Software for each user who may access the Software. You may copy the Software only for archival purposes, provided that any copy must contain the original Software’s proprietary notices in unaltered form.
4. License Grant for Client Software (Demo Versions). You are granted non-exclusive rights to download and install demo versions of the Software or it’s components and to use the demo version(s) of the Software or its components on any single computer and/or transmit the Software over an internal computer network. You don’t need to acquire a separate license key for the Software for each user who may access the Software. You may copy the Software only for archival purposes, provided that any copy must contain the original Software’s proprietary notices in unaltered form.
5. Restrictions. You may not: (i) permit others to use the Software, except as expressly provided above for authorized network use; (ii) modify or translate the software; (iii) reverse engineer, decompile, or disassemble the Software except to the extent this restriction is expressly prohibited by applicable law; (iv) create derivative works based on the Software; (v) merge the Software with another product; (vi) copy the Software, except as expressly provided above; (vii) remove or obscure any proprietry rights notices or labels on the Software except where expressly agreed by CI in writing.
6. Transfers of the Software or according license keys. You may not transfer the Software or according license keys or any rights under this agreement without the prior written consent of CI, which consent shall not be unreasonably withheld. A condition to any transfer or assigment shall be that the recipient agrees to the terms of this Agreement. Any attempted transfer or assigment in violation of this provision shall be null and void.
7. Ownership. CI owns the Software and all intelectual property rights embodied threin, including copyrights and valuable trade secrets embodied in the Software’s design and coding methodology. The Software is protected by international copyright laws and international treaty provisions. This Agreement provides you only a limited use license, and no ownership of any intellectual property.

LIMITED WARRANTY STATEMENT; LIMITATION OF LIABILITY. CI warrants solely to You that the Software shall perform substantially in accordance with accompanying documentation under normal use for a period of 180 days from the purchase day of the license key. The entire and exclusive liability and remedy for breach of this Limited Warranty shall be, at CI’s option, either (i) return of the list price of the license key, or (ii) replacement of defective Software, license keys and/or documentation given that the Software, license keys and/or documentation is returned to CI with a copy of your purchase confirmation. (CI can not warrant for the demo versions since they can be acquired free of charge according to our current evaluation strategy). CI EXPRESSLY DISCLAIM ALL WARANTIES AND/OR CONDITIONS OF MERCHANABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE IMPLIED WARRANTIES OF TITLE AND NON-INFRINGMENT. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CI OR CI AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. No action for the above Limited Warranty may be commenced after one (1) year following the expiration date of the warranty. To the extent that this Warranty Statement is inconsistent with the jurisdiction where you use this Software, the Warranty Statement shall be deemed to be modified consistent with such local law. INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL CI BE LIABLE TO YOU OR ANY OTHER PERSON OR ORGANIZATION FOR ANY INDIRECT, SPECIAL, INCEDENTAL, OR CONSEQUENTAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTIONS, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF CI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERMS OF THIS DICLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING CI PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS. NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THIS CI’S NEGLIGENCE. IN NO EVENT SHALL CI’S LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE SOFTWARE LICENSE KEYS.