End User License Agreement
FabliTec UG (haftungsbeschränkt)
By agreeing to have any of FabliTec Software Products installed on to your computer equipment and by subsequent use of the Software, you agree to comply with the terms of this general End User License Agreement (“EULA”) where no specific agreement is in place between FabliTec UG and the user of the software. If you do not agree to the terms of this EULA, do not install or use the Software but return it for a full refund. This EULA applies to any upgrades and supplements to the original Software provided.
1. The Licensed Software is owned and copyrighted by FabliTec UG. The Software is licensed, not sold, only on the terms of this EULA. Acceptance and installation of the software indicates your acceptance of the terms and conditions of this EULA.
Upon receipt and installation of the software and payment of the license fee, you will acquire the right to use the Software in object code form, directly from FabliTec UG although the product may be distributed by a Value Added Reseller (VAR). You assume responsibility for the selection of the program to achieve your intended results, and for the installation, use and results obtained from the Licensed Software.
2. In consideration of your acceptance of the terms and conditions contained in this EULA, FabliTec UG grants you a non-exclusive license to use the Licensed Software and the associated documentation for your own needs on one Server. You are not licensed to rent, lease, or distribute the Software.
3. Title and copyright to the Software, including object code media and documentation, remain with FabliTec UG. You may not copy, reproduce or make data transmissions, in whole or in part, except as is necessary for back-up or archival purposes. You may not reverse engineer, translate, disassemble or decompile the Software, in whole or in part.
4. The license is effective upon acceptance and installation of the Licensed Software and shall continue until terminated. You may terminate it at any time by destroying the Licensed Software media. FabliTec UG has the right to terminate this Agreement if you fail to comply with any term or condition of this EULA. Upon termination you shall stop all use of the Software and return the Licensed Software and all copies and documentation to FabliTec UG or destroy the Licensed Software and provide FabliTec UG with a statutory declaration signed by you declaring that the Licensed Software and the documentation and all copies have been returned or destroyed and the copy of the Licensed Software on the hard disk has been removed.
5. Copyright and confidentiality of the Software will survive any termination of this EULA in perpetuity.
6. FabliTec UG warrants for a period of ninety (90) days from the date of delivery that the FabliTec UG Software object code will perform the functions of the Software as set out in any FabliTec UG Software Reference Material in effect on the date of delivery.
Except for the warranty stated herein, FabliTec UG disclaims all warranties with regard to the Software, including the implied warranty of merchantability and fitness for a particular purpose.
Some Countries/States have laws which require warranty and liability rights different from those stated herein. In those areas the required warranty and liability terms will apply.
7. FabliTec UG’s entire liability and your exclusive remedy, if the VAR from whom you acquired the Licensed Software is unable to deliver acceptable replacement media, is limited to your purchase price, which shall be paid to you upon return of the Licensed Software and the statutory declaration required above certifying complete return.
In no event will FabliTec UG be liable for any loss of profits, loss of use, or indirect, special, incidental or consequential damages in any way related to or arising out of the use of the Software. FabliTec UG maximum liability shall in no event exceed the amounts paid to FabliTec UG for the Licensed Software.
8. The prevailing party in any action or proceeding between FabliTec UG and End-User Licensee arising out of or related to this Agreement shall be entitled to recover reasonable legal fees and costs, including lawyers’ fees, which may be incurred.
9. This Agreement shall be construed and enforced in accordance with the German law and each party agrees to be subject to those relevant laws.
Copyright law protects the Licensed Software and accompanying documentation. Except as specifically authorized in writing by FabliTec UG, copying, duplication, sale, distribution or other use of the Licensed Software is prohibited.
It is understood and acknowledged that FabliTec UG has the absolute right to obtain injunctive relief to protect FabliTec UG’s proprietary rights.
By using the Software, you further agree that this is the complete and exclusive statement of the Agreement which supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this EULA.
If any provision of this Agreement is held to be invalid or unenforceable the remaining provisions will not be affected.
This software contains the OpenNI library developed by PrimeSense, Ltd.. All rights, reserved. Such code is provided “as is” and PrimeSense, Ltd. disclaims any and all warranties, whether express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. In no event shall PrimeSense, Ltd.. be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of such code.