End User License Agreement
IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENSE AGREEMENT
The use of ePaperline, a software product developed and licencsed by cantat Software GmbH, is protected by Austrian and European copyright laws, international copyright treaties, as well as other rules concerning intellectual property laws and treaties. ePaperline is licensed, not sold.
End User License Agreement
This End User License Agreement („EULA“) is a legal agreement between you (either an individual or a single entity) and cantat Software GmbH with regard to the copyrighted software ePaperline (herein referred to as „SOFTWARE PRODUCT“ or „SOFTWARE“) provided with this EULA. The SOFTWARE PRODUCT includes computer software, the associated media and any „online“ or electronic documentation. Use of any software and related documentation („Software“) provided to you by cantat Software GmbH in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by the software supplier, in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not download, install, copy or use the Software. By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, cantat Software GmbH is unwilling to license the SOFTWARE PRODUCT to you.
ePaperline is a software for creating and publishing ePapers. ePaperline consists of two pieces:
A programme which is installed on your computer and a HTML5-based ePaper-viewer on your domain. Further ePaperline provides you the “ePaper-manager” which is also located on your domain, for managing your ePapers and individualizing your viewer. (NOTE: the ePaper-Manager is not mandatory). The download, installation and usage of ePaperline-software is free of charge.
ePaperline publishing is domain-based. This means that before publishing you have to enter a domain on which you will publish your ePapers. Each domain is specified by its own FTP and www settings. Please note that without purchasing the domain unlock key, ePaperline operates in test mode. This means that while all features are available, the number of pages is limited to 6 and each page is marked with the ePaperline logo.
1. Domain unlock key License
Download, installation and use of ePaperline software is free of charge. You can create and publish ePapers in a test mode as described above. For full use you have to purchase a domain unlock key. The domain unlock key is a license to create and publish an unlimited number of ePapers on a single domain which you have registered during the purchase process of the domain unlock key license.
2. License Grant.
cantat Software GmbH grants to you a personal, non-transferable and non-exclusive right to use the copy of the Software provided with this EULA. Modifying, translating, renting, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the Software. You may not transfer this Software.
The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of cantat Software GmbH and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above. All copies of the Software will contain the same proprietary notices as contained in or on the Software. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and „applets,“ incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by cantat Software GmbH or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
4. Reverse Engineering.
You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to cantat Software GmbH.
5. Disclaimer of Warranty.
The Software is provided „AS IS“ without warranty of any kind. cantat Software GmbH and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. Neither cantat Software GmbH nor its suppliers warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. cantat Software GmbH IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.
6. Limitation of Liability.
cantat Software GmbH’s entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any. In no event shall cantat Software GmbH or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if cantat Software GmbH or its supplier has been advised of the possibility of such damages, or any claim by a third party.
7. OEM Product Support.
Product support for the SOFTWARE PRODUCT IS provided by cantat Software GmbH. For product support, please contact cantat Software GmbH. Should you have any questions concerning this, please refer to the address provided in the documentation.
8. No Liability for Consequential Damages.
In no event shall cantat Software GmbH or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this „Your Company“ product, even if cantat Software GmbH has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. 11. Indemnification By You. If you distribute the Software in violation of this Agreement, you agree to indemnify, hold harmless and defend cantat Software GmbH and its suppliers from and against any claims or lawsuits, including attorney’s fees that arise or result from the use or distribution of the Software in violation of this Agreement.
If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
10. Applicable law, legal venue and separability
The law of the Federal Republic of Austria shall apply to these terms and conditions of business and the entire legal relationships between us and the customer. Place of jurisdiction is Vienna.