License terms

This is a legal agreement between you, the end user, and alta4 AG (alta4).

By clicking on the 'Accept' button in the installation dialog you are consenting to the terms of this license. If you do not agree to the terms of this non-exclusive License Agreement, DO NOT INSTALL THE SOFTWARE. For a full refund, return all materials within seven (7) days to the place where you
obtained them.

1. DEFINITIONS:

As used in this License Agreement, 'Software' means the computer programs either contained on the media in the package, or which you have downloaded, together with any additional alta4 proprietary programs, updates or revisions subsequently licensed by you. 'Related Materials' means all of the printed materials and whatever is in the package for use with the Software. 'License' means the grant of certain limited rights to use and maintain the Software and Related Materials.. 'Named User' means (i) a named person or (ii) a single terminal or a single workstation of a computer used only by a person (and not accessed otherwise). In order to preserve and protect its rights under applicable law, alta4 is not selling you ownership right to Software. alta4 specifically retains title to all alta4 Software and Related Materials, and alta4 licensors retain title to items owned by them.

2. SINGLE USE LICENSE: USES PERMITTED:
Software may be used only by a person (and not accessed otherwise) on a single computer. Software may be installed onto a hard disk drive. The Software may also be stored or installed on a storage devices such as a network server used only to install or access the Software on your other computers over an internal network; however, you must have acquired a license for each separate computer on which the Software is installed or accessed from the storage devices. A user license of Software may not be shared or used concurrently on different computers. One backup copy may be made for each legally obtained media copy of downloaded copy you have received, provided that all alta4 and third party licensor information including copyright notices are maintained, and possessions of the copy retained by you in a secure location. In addition, you agree to use reasonable efforts to protect the Software from unauthorized use, reproduction, distribution or publication. All rights not specifically granted in the License are reserved by alta4.

3. SITE LICENSE: USES PERMITTED:
Software may be used by all persons associated with licensed company (and not accessed otherwise) on a all computers of licensed company. Software may be installed onto a hard disk drive. The Software may also be stored or installed on a storage devices such as a network server used to install or access the Software on other computers of licensed company over an internal network; one backup copy may be made for each legally obtained media copy of downloaded copy you have received, provided that all alta4 and third party licensor information including copyright notices are maintained, and possessions of the copy retained by Licensed Company in a secure location. In addition, Licensed Company agrees to use reasonable efforts to protect the Software from unauthorized use, reproduction, distribution or publication. All rights not specifically granted in the License are reserved by alta4.

4. SINGLE USER LICENSE AND SITE LICENSE: USES NOT PERMITTED:
Unless otherwise agreed to in writing with alta4, you may not (1) Make derivative works including but not limited to translation, adaptations, arrangement or any other alternation (each of which you would become the property of alta4 or its licensors, as applicable) or make copies of the Software, except as permitted above; (2) Make copies of the Related Materials; (3) Use any alta4 product to translate the product of another licensor unless you have the legal right to do so; (4) Allow a greater number of users to access the Software at any one time than the total number of uses licenses of which you have paid; (5) Rent, lease, sublicense or lend the Software; Software Copies; Related Materials or your rights under the License or allow access to the Software for unlicensed internal users; (6) Allow third parties to access the Related Materials or your rights under this License or allow access to the Software for unlicensed internal users; (6) Allow third parties to access the Software through any means to obtain reports, maps or other output (EXCEPT IF YOUR SOFTWARE IS LICENSED AS A SERVER FOR UNLIMITED EXTERNAL (INCLUDING INTERNET) USE); (7) Alter, decompile (except to the limited extent that decompilation by licensed user only, is necessary as the only available way to achieve interoperability with other programs, and in that situation, any resulting information cannot be used in developing, producing or marketing any software substantially similar in expression to the alta4 product), disassemble or reverse-engineer the Software; (8) Make any attempt to unlock or bypass any initialisation system, or system designed to control Site License Users, or encryption techniques utilized by the Software; or (9) Alter, remove or obscure any proprietary legend, copyright or trademark notice contained in or on Software or Related Materials.

5. DURATION:

This License Agreement is effective from the day you open the sealed media package or download and continues until terminated. If you fail to comply with any provision of the License, termination is automatic , without notice from alta4 and without the necessity for recourse to any judicial authority. Upon termination, you must destroy the written materials and the Software. alta4 can also enforce its other legal and equitable rights.

6. GENERAL:

This Agreement represent our entire understanding and agreement regarding the Software, and Related Materials a, and supersedes any prior purchase order, communications, advertising or representation, and may only be modified in a written amendment signed by an authorized alta4 representative or by a specific prior or subsequent written agreement between the parties. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from, and shall in no way affect the validity or enforceability of, the remaining provisions.

7. COVERING THE PHYSICAL MEDIA AND PRINTED MATERIALS:

Alta4 warrants to you, the original licensee, that the media on which the Software is recorded and free from defects in materials and workmanship under normal use and serve FOR A PERIOD OF NINETY (90) FROM THE DATE OF LICENSE PURCHASE as evidenced by a copy of the receipt. Alta4’s entire liability and your exclusive remedy as to defective media or Related Material(s) shall be, at alta4’s option, either return of the license purchase price or replacement of the media or Related Materials(s). Each defective item, along with proof of license purchase and date, must be sent in a traceable manner, to alta4 AG, Fleischstraße 57, D-54290 Trier, Germany.

8. DISCLAIMER REGARDING THE SOFTWARE, DATA AND RELATED MATERIALS:

The Software and the Related Materials are provide 'as is'. Except as may otherwise be expressly set forth herein, alta4 makes no representations or warranties, express or implied with respect to the Software or Related Materials, including by way of example and not limitation, the implied warranties of title, merchantability and fitness for a particular purpose. By way of further example and not limitation, alta4 makes no representations or warranties, express or implied, with respect to the accuracy, reliability or completeness of the related materials. The entire risk as to the use of the software, the data and the related materials is assumed by you. In no event shall alta4 be liable to you or any other person, regardless of the cause, for the effectiveness or accuracy of the Software the related materials or for any special, indirect, incidental or consequential damages arising from or occasioned by your use of the Software or the related materials, even if advised of the possibility of such damages. In the event the foregoing is found by a court of competent jurisdiction to be ineffective, you hereby agree that alta4’s maximum liability for any claim arising in connection with the software or the related materials (whether in contract, tort, including negligence, product liability or otherwise) shall not exceed the license fees paid by you with respect to the software and/or Related Materials at issue. Some states do not allow the limitation or exclusion of incidental or consequential damages, so the foregoing provision with respect to excluding or limiting such damages do not apply to you.

9. Acknowledgement:

You acknowledge that you have read this LIMITED WARRANTY, understand it, and agree to be bound by its terms and conditions. You also agree that (1) No oral or written information or advice given by alta4, its dealers, distributors, agents or employees shall in any way increase the scope of this Limited Warranty, and you may not rely on any such information or advice. (2) Unless a written governing agreement signed by you and alta4 exists, this License Agreement is the complete and exclusive statement of agreement of alta4 and you, and supersedes all proposals, oral or written, and any other communications you may have had prior to purchasing your license. (3) Except for the price and delivery terms agreed upon by both parties, the terms and conditions of this License Agreement shall supersede those set forth in any purchase order where the purchase order conflicts or is inconsistent with or adds to the terms and conditions of this License, and those supersedes purchase order terms and conditions shall be null and void. (4) If your organization has purchased a multiple user License, you agree to assure that copies of this License Agreements are distributed, read and agreed to by each person using a licensed product.

10. GOVERNING LAW:

This Agreement shall be governed by the laws of the Federal Republic of Germany. Place of jurisdiction is Trier, Germany

If you have any questions concerning the license agreement or the software, please contact:

alta4 Inc.

Fleischstraße 57

D-54290 Trier

Germany

http://www.alta4.com