End User License Agreement (hereinafter called EULA)
Augmensys GmbH
THIS AUGMENSYS EULA IS A LEGAL AGREEMENT BETWEEN AUGMENSYS GMBH, SCHLEPPE PLATZ 5,
2/3, A-9020 KLAGENFURT AM W�RTHERSEE, AUSTRIA ("AUGMENSYS"), AND YOU, THE END USER,
(HEREINAFTER CALLED "LICENSEE"). AUGMENSYS HEREBY GIVES AN UNDERTAKING TO BE
AUTHORISED TO DISPOSE OF THE RIGHTS TRANSFERRED UNDER THIS AGREEMENT. BY OPENING THE
SOFTWARE PRODUCT, COMPLETING THE SERIALISATION PROCESS OR DOWNLOADING, INSTALLING,
ACCESSING OR UTILISING THE SOFTWARE PRODUCT.YOU AGREE TO BE FULLY BOUND TO THE TERMS
AND CONDITIONS STATED UNDER THIS EULA OR ANY SEPARATE WRITTEN AGREEMENT APPROVED
BY AUGMENSYS.
Preamble
AUGMENSYS develops mobile and stationary Applications for data consolidation and distributed data
management with Augmented Reality Support ("SOFTWAREPRODUCT"), which is used worldwide,
primarily in plants of the process industry. This EULA rules license for the SOFTWAREPRODUCT
regardless of the media on which it is distributed.
1. License
Subject to payment of applicable License fees, AUGMENSYS grants LICENSEE, and LICENSEE accepts,
subject to the terms and conditions of this EULA, a nonexclusive and non-transferable License for an
unlimited period of time, subject to Section 5 below (Termination) to use the SOFTWAREPRODUCT
and accompanying documentation according the Authorization Code provided by AUGMENSYS. The
LICENSEE agrees that the SOFTWAREPRODUCT is not sold but only licensed to the LICENSEE
according the Authorization Code meaning that the LICENSEE is not owning the SOFTWAREPRODUCT
or a part of the SOFTWAREPRODUCT or any third party software incorporated in the
SOFTWAREPRODUCT. The LICENSEE is only allowed to use the SOFTWAREPRODUCT under the terms
and conditions of this EULA.
2. Limited Warranty
The expressed warranty set forth herein is the only warranty with respect to the
SOFTWAREPRODUCT. The extend of AUGMENSYS`s duties under this limited warranty shall be the
correction and the replacement of the SOFTWAREPRODUCT which fails to meet this warranty. In that
event and if LICENSEE provides AUGMENSYS with a written report during the warranty period of one
year, AUGMENSYS will use reasonable efforts to correct or replace the SOFTWAREPRODUCT
promptly at no charges to LICENSEE. This is LICENSEE's sole and exclusive remedy for breach of any
expressed or implied warranties hereunder.
AUGMENSYS warrants to LICENSEE that the SOFTWAREPRODUCT (including third party software) will
operate according its documentation. AUGMENSYS makes no warranties, either expressed or
implied, of any kind (merchantability, fitness for a particular purpose, or non-infringement).
AUGMENSYS does not warrant that the SOFTWAREPRODUCT will meet LICENSEE's requirements or
will operate in combination with hard- or software which may be selected by the LICENSEE or that
the operation will be secure, error-free or uninterrupted and AUGMENSYS disclaims any and all
liability in accordance with section 3 of this EULA on account thereof. LICENSEE must determine that
the SOFTWAREPRODUCT sufficiently meets LICENSEE's requirements. Specific components of the
SOFTWAREPRODUCT may require a separate License to be accessed or otherwise utilized.
3. Indemnification
AUGMENSYS warrants to the LICENSEE that the SOFTWAREPRODUCT, when delivered, will not
infringe any copyright, patent or any other intellectual property right of a third party as governed by
the laws of Austria. AUGMENSYS agrees to indemnify and to hold the LICENSEE harmless from all cost
and damages incurred in connection with any such claim if the LICENSEE gives AUGMENSYS written
notice of any such claim within 30 days after LICENSEE becomes aware of such claim, if AUGMENSYS
has sole control of the defense of such claim, and LICENSEE provides AUGMENSYS information,
authority and assistance to defend against or settle such claim.
Upon receipt of notice of alleged infringement AUGMENSYS shall have either the right to terminate
the EULA and retract the SOFTWAREPRODUCT at the license-fee paid (with 60 month linear
deduction) by the LICENSEE, or replace or modify the infringing SOFTWAREPRODUCT to be non-
infringing, or obtain the right for LICENSEE to continue using the SOFTWAREPRODUCT.
This section will not apply in the event any breach, failure, infringement or non-compliance would
have been avoided by the use of a current, unaltered release of the SOFTWAREPRODUCT or the
breach, failure, infringement or non-compliance results from the use or combination of the
SOFTWAREPRODUCT with other software, hardware or materials, or results from the negligence of
LICENSEE or any party other than AUGMENSYS.
4. Limit of Liabilities
In no event shall AUGMENSYS be liable for any damages whatsoever, including damages for losses of
business profits, business interruption, loss of business information, loss of production,
consequential loss, or any other loss arising out of the use or the inability to use the
SOFTWAREPRODUCT even AUGMENSYS has been advised of the possibility of such damages, and
regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is
based. In case LICENSEE claims that the SOFTWAREPRODUCT has caused damage by gross
negligence of AUGMENSYS, the burden of proof for such gross negligence shall rest with the
LICENSEE.
5. High Risk Activities
The SOFTWAREPRODUCT is not designed, manufactured or to be used or sold as real-time system
requiring fail-safe performance in which the failure of the SOFTWAREPRODUCT could lead directly to
harm including environmental damage, personal injury or death. AUGMENSYS specifically disclaim
any express or implied warranty of fitness of the SOFTWAREPRODUCT for such High Risk Activity.
LICENSEE agrees that AUGMENSYS will not be liable for any claims or damages arising from the use of
the SOFTWAREPRODUCT in such applications.
6. Content
The SOFTWAREPRODUCT is designed as a Toolbox, respectively a platform, and does not contain
content data. AUGMENSYS specifically disclaims any warranty, either expressed or implied, for
content that is created or used with SOFTWAREPRODUCT.
7. Termination
This EULA shall remain effective until termination in accordance with this section. This EULA will
terminate if LICENSEE does not comply with any terms and conditions of this EULA. Upon such
termination LICENSEE agrees to remove the SOFTWAREPRODUCT and all copies of the
SOFTWAREPRODUCT from LICENSEE's systems, discontinue using the SOFTWAREPRODUCT and
destroys the SOFTWAREPRODUCT including all documentation. LICENSEE shall give written notice to
AUGMENSYS about such removal and destruction within 30 days after the removal and destruction.
The termination of the EULA will not release the LICENSEE from any liability or obligation (such as
accrued charges) which remains to be performed.
8. Proprietary Rights and Restrictions
Title, ownership rights, and intellectual property rights in the SOFTWAREPRODUCT shall remain with
AUGMENSYS. LICENSEE acknowledges such right and will not jeopardize, limit or interfere in any
manner with AUGMENSYS`s ownership of or rights with respect to the SOFTWAREPRODUCT.
LICENSEE may neither distribute nor disclose the SOFTWAREPRODUCT in whole or part to third
parties nor copy, translate, reverse engineer, de-compile, disassemble or modify the
SOFTWAREPRODUCT without the written permission of AUGMENSYS. The LICENSEE shall not lease or
rent the SOFTWAREPRODUCT or a part or portion of the SOFTWAREPRODUCT to a third party unless
AUGMENSYS grants this right to the LICENSEE in written consent. For branding the
SOFTWAREPRODUCT platform or the SOFTWAREPRODUCT installation a separate OEM license
agreement with AUGMENSYS is required.
AUGMENSYS has the right to trace serial numbers of the License Keys at any time and in any
reasonable manner without prior notice.
The SOFTWAREPRODUCT is protected by a lock and may only be used in conjunction with a valid
License Key (which may be either a hardware or software device or both) issued by or on behalf of
AUGMENSYS. AUGMENSYS retains ownership of the License Key. The LICENSEE may use the License
Key to operate the SOFTWAREPRODUCT for the term of this agreement.
9. Third Party Software
Any third party software may be provided as a part of the SOFTWAREPRODUCT and is licensed to the
LICENSEE only for use as a part of the SOFTWAREPRODUCT. Third party Software is provided as is and
AUGMENSYS is not liablehttp://dict.leo.org/ -
/search=for&searchLoc=0&resultOrder=basic&multiwordShowSingle=on for defects of this third
party software.
10. Update Policy
AUGMENSYS may create, from time to time, updated versions of the SOFTWAREPRODUCT. The
LICENSEE is entitled to update the SOFTWAREPRODUCT only in case of a valid Software Maintenance
contract for each license he holds.
11. Documentation
AUGMENSYS will deliver the SOFTWAREPRODUCT without any additional documentation other than
the Class Documentation incorporated into the SOFTWAREPRODUCT, and an Online-Wiki. Any
reference to documentation within this EULA refers to the Online Manual which is available prior and
after installation of the SOFTWAREPRODUCT.
12. Records
LICENSEE shall maintain accurate records as necessary to verify compliance with this EULA.
AUGMENSYS is entitled to audit the LICENSEE to verify such compliance. All audits shall be conducted
at AUGMENSYS`s expenses unless the result proofs that the LICENSEE did not comply with the EULA.
13. Data Backup
The LICENSEE is responsible for a continuous data backup of his own server database and his own
customizing.
14. Export Control
The LICENSEE is not permitted to export or re-export the SOFTWAREPRODUCT or any software
package or any application developed by using the SOFTWAREPRODUCT, to a country restricted
under export laws, regulations or ordinances of whatever kind. If applicable, each party shall obtain
and bear all expenses related to any necessary license, exemption or approval with respect to its own
export of the product.
15. Demo/Evaluation purpose only
If the LICENSEE intends to use the SOFTWAREPRODUCT without a valid license only for demo and/or
evaluation purposes the LICENSEE is fully bound to the terms and conditions of this EULA.
Furthermore the LICENSEE agrees to the following points: The SOFTWAREPRODUCT shall only be
used for demo and/or evaluation purposes for a period not exceeding 30 days. The LICENSEE must
not use the SOFTWAREPRODUCT without a valid license key in real applications or in any other
environment other than reasonably considered as demo and/or evaluation environment.
16. General provisions
This EULA is governed by and enforceable under the law of the Republic of Austria to the exclusion of
any conflict of law rules and the CISG. The place of jurisdiction is the Commercial Court of Klagenfurt.
Should any part of this EULA be legally ineffective or unworkable, the legal effectiveness of the
remaining provisions of this EULA shall not be affected thereby and they shall continue to retain their
validity and workability. Any arrangement, change or addition (in particular any promises regarding
properties, features or quality of the SOFTWAREPRODUCT) to this EULA is considered invalid unless
made in writing and approved by AUGMENSYS.