Standard License Terms valid from May, 21st 2014
1. Scope and Definitions
These license terms govern the rights and duties between you (thereafter
called Licensee) and TEC-IT Datenverarbeitung GmbH, Hans-Wagner-Strasse 6,
A-4400 Steyr/AUSTRIA (thereafter called TEC-IT) regarding the download, the
installation and the use of software provided by TEC-IT.
The term Software refers to all applications or computer programs in binary
or in source-code form, any other machine readable materials (including,but
not limited to, libraries, source files, header files, and data files), any
updates or error corrections provided by TEC-IT, and any user manuals,
programming guides and other documentation provided to the Licensee by
TEC-IT under this agreement.
The term Enterprise is defined as each legal entity,including subsidiaries,
in which this legal entity holds more than 50% of ownership. The term Site
is defined as one legal unit of the Licensee's business at one postal
address.
TEC-IT or their suppliers exclusively manufactured the Software. Any rights
to the Software other than the license conditions stated herein remain
undiminished for TEC-IT or their suppliers; the Licensee acquires no rights
of any kind to the Software.
By downloading, installing or using the Software or parts of the Software,
the Licensee accepts the terms of this agreement.
2. Demo License
By obtaining (e.g. by downloading) TEC-IT Software the Licensee is granted
a non-exclusive, non-transferable right to use the Software for evaluation
purposes free of charge, which expires automatically after 90 days. This
free 90 days trial period is called demo license.
Each owner of a demo license is obligated either to purchase one of the
unrestricted licenses below within this 90 day period or to discontinue
using the Software. Commercial or production use of a demo license is
strictly forbidden.
3. Unrestricted License
On request TEC-IT grants one of the unrestricted licenses listed below by
assigning a license key or by written confirmation (e.g. a license
agreement or an invoice) to the Licensee. Thereby the Licensee acquires a
non-exclusive, non-transferable and timely unlimited right to use the
Software according to the purchased license.
Depending on the Software the following licenses are available:
* Single License (also called Workstation-License)
for the use of the Software on exactly one computer, limited to
one concurrent user. The usage over a network (LAN/WAN) for
several users including http-based applications is explicitly
excluded. For this type of licenses the so-called System-ID is
required to compute the license key. If the System-ID changes
(e.g. due to machine replacement) TEC-IT will submit a new
license key free of charge.
* Workgroup-License
for the use of the Software on several computers within one Site,
however limited to a maximum of 10 concurrent installations or
10 concurrent users.
* Office-License
for the use of the Software on several computers within one Site,
however limited to a maximum of 100 concurrent installations or
100 concurrent users.
* Site-License
for the use of the Software on several computers within one Site,
however limited to a maximum of 250 concurrent installations or
250 concurrent users.
* Enterprise-License (also called World-License)
for the use of the Software on several (or all) computers within
several (or all) Sites of the Licensee's business without any
restrictions regarding the number of installations or the number
of users.
* Developer-License (also called Unlimited-License)
for the redistribution of the Software as part of the Licensee's
software application(s). The number of redistributions per
license is limited to ten-thousand (10000) installations or to
ten-thousand (10000) users in total. Each developer building
applications with the Software needs one Developer License (for
solely performing linking or building tasks an additional
Developer-License is not required).
* Web-License
for the use of the Software on one one computer (e.g. server) for
internet-, intranet and other http-based applications. The total
number of users per license is limited to ten-thousand (10000).
Each web-server instance needs one Web-License.
* Server-License
for the use of the Software on the specified number of computers
(e.g. server).
* Appliance-License
for the use of the Software on one appliance (ISD300, ISD400,
ISD410 and TBarCode/Embedded).
* Device-License
for the use of the Software on exactly one computer utilizing the
specified maximum number of device connections.
4. License Keys, Distribution
The license key will be individually assigned and transferred to the
Licensee and is to be treated confidentially. Passing the license key on to
third party is strictly forbidden except for automatic licensing purposes
as part of the Licensee's application according to the terms of the
license. In each case the Licensee agrees to maintain maximum
confidentiality for the license key (e.g. by protecting the embedding
source-code in a suitable way).
Any use of a license key that was not directly issued by TEC-IT or one of
their authorized resellers in connection with the Software is strictly
forbidden.
The Licensee is not permitted in any way to make the Software or parts of
the Software accessible to third party, to allow the use of the Software or
parts of it, or to pass it on to third party under any title beyond the
terms stated in this agreement. This includes, in addition to all parts of
the Software, any supplements or improvements as well as additions of any
kind that the Licensee receives from TEC-IT now or in the future. Any
supplements or improvements made to the Software by the Licensee are to
be made available to TEC-IT for unlimited use and free of charge.
5. Restrictions
The Licensee is permitted to use the Software only for legal purposes and
according to the valid national or international regulations.
The Licensee is not allowed to use the Software to build or redistribute
other software components or applications of any kind (for example DLL's,
OCX, VBX, .NET Classes, Libraries, Beans, EXE's...) if their main purpose
is comparable or similar to the main purpose of the Software itself (so
called wrapping or re-wrapping).
When using the Software as part of an application the functionality of the
API (Application Programming Interface) must not be accessible from outside
of this application and the Software must not be useable apart from this
application.
In each case it is forbidden to modify, to change or to patch the Software.
It is not allowed to reverse-engineer, to disassemble or to decompile the
Software.
6. Indemnification
TEC-IT shall indemnify, defend and hold harmless the Licensee with respect
to any action brought against the Licensee to the extent that it is based
on a claim that the Software infringes a copyright of a third party.
However, the Licensee is obligated to notify TEC-IT promptly in writing
and to include all useful information of any notice of such claim. TEC-IT
shall have sole control of the defense of any action of such claim and
all negotiations for its settlement.
7. Limited Warranty
TEC-IT warrants to the Licensee that for a period of ninety (90) days from
the date of purchase, as evidenced by a copy of the receipt, the media on
which Software is furnished (if any) will be free of defects in materials
and workmanship under normal use. Except for the foregoing, the Software is
provided "AS IS". The Licensee's exclusive remedy and TEC-IT's entire
liability under this limited warranty will be at TEC-IT's option to replace
the Software media or refund the fee paid for the Software. Any implied
warranties on the Software are limited to 90 days. Some countries or states
do not allow limitations on duration of an implied warranty, so the above
may not apply to the Licensee. This limited warranty gives the Licensee
specific legal rights. The Licensee may have others, which vary from state
to state or from country to country.
TEC-IT reserves the right to replace any existing versions of the Software,
to offer new Software or to discontinue existing Software at any time and
without notice. TEC-IT will ensure the compatibility with subsequent
Software versions and the validity of existing license keys beyond Software
version boundaries when possible, however no claims can be made against
TEC-IT in the event that the Software or the license key is not, no longer
or not completely compatible with a prior version.
8. Disclaimer of Warranty
Unless specified in this agreement, all express or implied conditions,
representations and warranties, including any implied warranty of
merchantability, fitness for a particular purpose or non-infringement are
disclaimed, except to the extent that these disclaimers are held to be
legally invalid.
9. Limitation of Liability
To the extent not prohibited by law, in no event will TEC-IT or its
contractual partners be liable for any lost revenue, profit or data, or for
special, indirect, consequential, incidental or punitive damages, however
caused regardless of the theory of liability, arising out of or related to
the use of or inability to use the Software, even if TEC-IT has been
advised of or TEC-IT has pointed out the possibility of such damages. In no
event will TEC-IT's liability to the Licensee, whether in contract, tort
(including negligence),or otherwise, exceed the amount paid by the Licensee
for the Software or for the license keys under this agreement.The foregoing
limitations will apply even if the above stated warranty fails of its
essential purpose. Some states or countries do not allow the exclusion of
incidental or consequential damages, so some of the terms above may not be
applicable to the Licensee.
10. Governing Law
This agreement shall be construed and governed with the Laws of the
Republic of Austria. No choice of law rules of any jurisdiction will apply
and any claims being founded on laws of other states or countries are
excluded. For any lawsuit relating to this agreement both parties submit to
the jurisdiction of the court, having jurisdiction for the area of the city
of Steyr, Austria under the Austrian laws with regard to the amount in
dispute. With regard to claims against TEC-IT this court's jurisdiction is
exclusive.
11. Final Provisions
The German edition of this agreement is the binding one; in case of
different interpretations the agreement in German language overrules all
other editions.
Should any term of this agreement be declared void or unenforceable by the
court of competent jurisdiction, such declaration shall have no effect on
the remaining terms hereof, as the economic aims remain accessible. The
applicable terms may be replaced by terms with the most similar economic
impact.
The failure of either party to enforce any rights granted hereunder or to
take action against the other party in the event of any breach hereunder
shall not be deemed a waiver by that party as to subsequent enforcement of
the same or other rights or subsequent actions in the event of future
breaches.
The current version of this agreement is available at https://www.tec-it.com
and the provisions of this agreement constitute the entire agreement
between the parties with respect to the licensing of the Software
and supersede all prior agreements, oral or written, and all other
communications relating thereto, including but not limited to, the terms of
any shrink-wrap or click-wrap terms contained in the Software and any
conflicting terms in Licensee's purchase order. No waiver, alteration,
amendment or modification of any of the provisions of this agreement shall
be binding unless in writing and signed by a duly authorized representative
of the party to be bound thereby.
© 1998-2023 TEC-IT Datenverarbeitung GmbH
Hans-Wagner-Strasse 6
A-4400 Steyr, Austria
t.: +43 (0)7252 72720
f.: +43 (0)7252 72720 77
office@tec-it.com
https://www.tec-it.com