yalips maps 3.1.0


EULA - End User License Agreement



Software agreement for yalips maps software
§ 1 Subject matter of agreement

(1) Subject matter of this agreement is the right to use
the yalips maps software and the user documentation (manual),
in the following summarily referred to as Software.
The Software is executable only in connection with the
Eclipse software.

(2) The Software is prepared by:

yalips Software,
Marco Kukulies,
Benefiziat-Bach-Strasse 6,
D-82152 Planegg,
Germany.

(3) The Software is only executable after entry of the
installation key communicated to the user. The user is
obliged to keep this installation key secret and not to
disclose it to third parties. If third parties obtain
knowledge of the installation key through the user's
fault, the user is obliged vis-à-vis the supplier to pay
any damage or loss incurred from this circumstance, the
user being especially obliged to pay to the manufacturer
an amount equivalent to the purchase price if the third
party uses the Software without being authorised to do
so, using the key.

(4) If the user has purchased only a trial version, he is
entitled to use it for a period of 30 days. He must not
make backup copies, use the Software on several computers
in accordance with Sec. 3 Subsec. 2, resell it in
accordance with Sec. 4 Subsec. 1 or decompile or modify
it in accordance with Sec. 5. After 30 days, the right
of use expires; the user is obliged to delete any copies
of the program he may have made.

(5) Use of the Software in safety-critical areas such as
military, hospitals, nuclear power plants, flight
surveillance and other areas where there are stringent
requirements to the quality of data processing, is
excluded.

(6) Subject matter of this agreement are not the Eclipse
software modules, especially Eclipse RCP. The
accompanying Eclipse Program and the Eclipse modules
are subject to the terms of the
Eclipse Public License – v 1.0. The Eclipse program and
the modules are provided without any warranties and
conditions, express and implied, including warranties
or conditions of title and non-infringement, and implied
warranties or conditions of merchantability and fitness
for a particular purpose. Contributors‘ liability for
damages, including direct, indirect, special, incidental
and consequential damages, such as lost profits is hereby
excluded. Each Recipient is solely responsible for
determining the appropriateness of using and distributing
the program and assumes all risks associated with its
exercise of rights under this agreement, including but
not limited to the risks and costs of program errors,
compliance with applicable laws, damage to or loss of
data, programs or equipment, and unavailability or
interruption of operations. The source code for the
Eclipse program and the Eclipse modules is available
on: www.eclipse.org .
§ 2 Reproduction rights and backup copies

(1) The user may copy the program supplied if such copy is
required for the use of the program. Such necessary
copies are in the first place the installation of the
software used in the bulk memory and the loading of the
program into the main storage.

(2) The user must not make any further copies. This
applies also to backup copies as well as copies of the
user handbook. If the files made available are damaged
or become otherwise unusable, the user can request a
new copy from the supplier, which is provided on-line.
For this copy the user pays an administrative fee
of 25.00 €.
§ 3 Multiple use

(1) The right of use covers a single-use licence. The user
may use the Software on any of his hardware. If the user
changes over to a new hardware configuration, he is to
delete the Software from the bulk memory of the previous
hardware. Parallel storing, maintenance or use on more
than one computer is unacceptable. The use in networks
or other multi-station computer systems is excluded.
(2) The user may purchase a network licence against payment
of a separate fee, the amount of which depends on the
number of users connected to the computer system. Upon
written request stating the number of users, the supplier
informs the user of the amount of this fee. Not the
number of users who access the Software simultaneously is
decisive, but the number of users who generally have the
possibility to access it.
§ 4 Resale and re-lease

(1) The user may sell or give the Software including the
user manual and other additional information to third
parties provided the receiving third party agrees with
the present contractual conditions continuing to be valid
for itself as well. If the user passes the Software on,
he is to hand over to the new user all copies of the
program or destroy the copies not handed over. When the
software has been passed on, the right of the old user to
use the program expires. In the event of resale of the
Software, the user is obliged to notify the supplier
in writing of the purchaser's name and full address.

(2) The user must not lease out the Software including the
user manual and the additional information for
profit-making purposes. The user may lend out the
Software, if the third party agrees with the present
contractual provisions continuing to be valid for itself
as well and the user lending out the Software hands over
all copies of the program including potential backups or
destroys any copies not handed over. For the third party
period of use of the Software, the user transferring the
program has no right to use it himself.

(3) The user must not allow third parties the use of the
Software, if there is a reasonable suspicion that the
third party may infringe the contractual conditions,
especially make copies without permission.
§ 5 Decompilation and program amendments

(1) Reversal of the compilation of the program codes made
available into other forms of code (decompilation) as
well as other types of tracing back the different
Software stages (reverse engineering) are unacceptable.
The interface information required for ensuring
inter-operability of an independently created computer
program is available from the supplier against payment
of a small fee.

(2) Program amendments are permissible only for the purpose
of debugging if the supplier does not eliminate the
fault within a reasonable period of time despite
according information by the user containing an exact
description of the fault encountered. Otherwise program
amendments are permissible only if insolvency proceedings
are instituted against the seller's assets or institution
of insolvency proceedings is rejected due to insufficient
assets and there is no third party authorised by the
seller to maintain the Software. Third parties must not
be allowed the use of amended programs.

(3) Copyright notes, serial numbers and other
characteristics identifying the program must not be
removed or modified. The same applies to suppression
of the display of such characteristics on the monitor.
§ 6 Collision with deviating terms and conditions of business

If the user has his own general terms and conditions,
they will not become part of the agreement, but the
present terms and conditions take precedence. The
agreement comes into existence even without express
agreement on the application of general terms and
conditions.
§ 7 Requirement of writing

The supplier's employees must not agree to any
modifications or amendments to these contractual
provisions or to special agreements outside normal
performance of the agreement or make other special
representations and warranties. They are valid only
upon confirmation in writing by the supplier.
§ 8 Claims based on defects

Claims based on potential Software defects must be
addressed to the seller.
§ 9 Choice of law, jurisdiction

(1) The present agreement and the legal relationship
between the parties are subject to the legislation of
the Federal Republic of Germany,
the UN Sales Convention (CISG) not being applicable.

(2) If the user is a merchant, a public corporation or a
special fund under public law or if he does not have
domicile in Germany the courts in Munich (Germany) have
jurisdiction in all conflicts under or in connection
with this agreement.
(14.11.2007)



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Downloads: 216
Updated At: 2024-03-19
Publisher: yalips Software
Operating System: windows
License Type: Free Trial