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EGENIX.COM PUBLIC LICENSE AGREEMENT VERSION 1.0.0
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1. Introduction
This "License Agreement" is between eGenix.com Software, Skills and
Services GmbH ("eGenix.com"), having an office at Pastor-Loeh-Str. 48,
D-40764 Langenfeld, Germany, and the Individual or Organization
("Licensee") accessing and otherwise using this software in source or
binary form and its associated documentation ("the Software").
2. License
Subject to the terms and conditions of this eGenix.com Public License
Agreement, eGenix.com hereby grants Licensee a non-exclusive,
royalty-free, world-wide license to reproduce, analyze, test, perform
and/or display publicly, prepare derivative works, distribute, and
otherwise use the Software alone or in any derivative version,
provided, however, that the eGenix.com Public License Agreement is
retained in the Software, or in any derivative version of the Software
prepared by Licensee.
3. NO WARRANTY
eGenix.com is making the Software available to Licensee on an "AS IS"
basis. SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED,
EGENIX.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED.
BY WAY OF EXAMPLE, BUT NOT LIMITATION, EGENIX.COM MAKES NO AND
DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT
INFRINGE ANY THIRD PARTY RIGHTS.
4. LIMITATION OF LIABILITY
EGENIX.COM SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE
SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
PECUNIARY LOSS) AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE
SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE
POSSIBILITY THEREOF.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR
LIMITATION MAY NOT APPLY TO LICENSEE.
5. Termination
This License Agreement will automatically terminate upon a material
breach of its terms and conditions.
6. General
Nothing in this License Agreement affects any statutory rights of
consumers that cannot be waived or limited by contract.
Nothing in this License Agreement shall be deemed to create any
relationship of agency, partnership, or joint venture between
eGenix.com and Licensee.
If any provision of this License Agreement shall be unlawful, void, or
for any reason unenforceable, such provision shall be modified to the
extent necessary to render it enforceable without losing its intent,
or, if no such modification is possible, be severed from this License
Agreement and shall not affect the validity and enforceability of the
remaining provisions of this License Agreement.
This License Agreement shall be governed by and interpreted in all
respects by the law of Germany, excluding conflict of law
provisions. It shall not be governed by the United Nations Convention
on Contracts for International Sale of Goods.
This License Agreement does not grant permission to use eGenix.com
trademarks or trade names in a trademark sense to endorse or promote
products or services of Licensee, or any third party.
The controlling language of this License Agreement is English. If
Licensee has received a translation into another language, it has been
provided for Licensee's convenience only.
14. Agreement
By downloading, copying, installing or otherwise using the Software,
Licensee agrees to be bound by the terms and conditions of this
License Agreement. |
