ramjac Software End User License Agreement for Rodeo 1.0

NOTICE TO USER

WITH CLICKING THE AGREE BUTTON OF THE EULA WINDOW WHICH SHOWS UP BEFORE YOUR FIRST USE OF RODEO A CONTRACT IS CONCLUDED BETWEEN YOU AND RAMJAC SOFTWARE, IN THE FOLLOWING CALLED THE "LICENSOR", A COMPANY UNDER GERMAN LAW WITH RESIDENCE IN HAMBURG, GERMANY. "YOU" AND THE "USER" REFERS TO THE LICENSEE.
WHEREAS BY INDICATING YOUR ACCEPTANCE WITH A CLICK ON THE AGREE BUTTON OF THE EULA WINDOW OF RODEO, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. Licensed Program.

This is a license agreement between You and Licensor with respect to Rodeo, the accompanying documentation and any fixes, releases, upgrades, new versions or enhancements that may subsequently be issued to You (the "Licensed Program").

2. Certain Preliminary Uses.

The Licensed Program is distributed to You by electronic download as described in the documentation. You will need to install the Licensed Program on properly configured and compatible computer equipment according to the documentation. You will also need to ensure that all required data is in proper format and no other software or equipment having an adverse impact on the Licensed Program are present.

3. Licensed Operating Environment.

(1) Operating Environment. Once You have completed activities described in Section 2 ("Certain Preliminary Uses") and provided You pay the applicable License Fees described or referenced in Section 7 ("Price & Payment") when due, You will be deemed granted one (1) non-exclusive operations license(s) for the Licensed Program, in each case to install, store, load, execute and display (collectively, "Use") the Licensed Program on one (1) computer. The Licensed Program is provided only in machine readable object code form.

(2) Authorized Operators. The Licensed Program will be operated solely by Your own employees ("Authorized Operators"). The Authorized Operators may Use the Licensed Program in the Licensed Operating Environment for the beneficial uses described in Section 4 ("Permitted Uses").

(3) Disaster Recovery Exception. In the event of a bona fide disaster such as a fire, flood, earthquake or civil disturbance, You may relocate and Use the Licensed Program on a back-up configuration substantially equivalent to the Licensed Operating Environment for a period not to exceed sixty (60) days. You may also temporarily appoint an independent disaster recovery center as an Authorized Operator during the pendency of the emergency. Upon completion of the emergency, You will return the Licensed Program to the original environment and certify the deletion of all copies from the back-up equipment. You will need to make and store in a safe place archival copies of valuable software or data that would be needed if a disaster occurred.

4. Permitted Uses.

Your Authorized Operators may Use the Licensed Program in the Licensed Operating Environment strictly in support of Your internal business operations.

5. Reservation of Rights.

(1) Rights to Licensed Program. The intellectual property rights in the Licensed Program shall at all times remain the exclusive property of Licensor or other owner identified in the Documentation. By executing this Agreement and paying the applicable License Fee, You obtain a limited license to Use the Licensed Program in object code form. You agree not to disassemble, decompile or reverse engineer the Licensed Program. You also agree that any information obtained in violation of this restriction will be confidential information automatically and irrevocably deemed assigned to and owned exclusively by the owner of the Licensed Program. You will at all times use due diligence to safeguard and protect all such confidential and proprietary information pertaining to the Licensed Program. You will ensure that all marks, notices or legends pertaining to the origin, identity or ownership of the Licensed Program remain intact and clearly legible.

(2) All Other Rights Reserved. Except as expressly granted to You under another provision of this Agreement, Licensor reserves to itself and prohibits You (directly or indirectly, in whole or in part) from loaning, renting, leasing, sublicensing or otherwise distributing or operating the Licensed Program to or for the benefit of any third party, and from altering, adapting, translating or preparing any derivative work of the Licensed Program. The foregoing limitation does not prohibit Authorized Operators from making a copy of the Licensed Program for archival purposes or as an essential step in making Permitted Uses of the Licensed Program in the Licensed Operating Environment.

6. Product Support.

You may receive the following Product Support for so long as Licensor generally offers to the public Internet Forum and Updates for the Licensed Program.

(1) Internet Forum. You may obtain assistance for error correction and advice on the use and operation of the most current version of the Licensed Program through Licensor's Internet Forum. You will need to provide sufficient information for Licensor to replicate and diagnose the reported problem. If appropriate, Licensor shall be provided reasonable access to the Licensed Program, subject to Your approval and normal security requirements.

(2) Updates. You may obtain copies of each revision or "Update" to the Licensed Program and associated Documentation which Licensor generally distributes to the public by paying prices from time to time announced by Licensor.

(3) Certain Conditions. Licensor shall not be obligated to provide Product Support if: (i) the reported error was caused by unauthorized changes in Licensed Program code, program parameters or other user adjustable features; (ii) the error results from operator error, errors in data or software not supplied by Licensor or use that exceeds the Permitted Use or is not in accordance with the Documentation, or (iii) the error is in a prior release that was corrected through issuance of an Update that You have not yet installed.

7. Price & Payment.

(1) Price. You agree to pay Licensor the applicable License Fee determined by reference to Licensor's (or its authorized distributor's) published prices at the time this Licensed Program was ordered. Payment of the License Fee entitles You to Use the Licensed Program in accordance with this Agreement during the stated Term.

(2) Payment. Unless otherwise stated on Licensor's invoice, the applicable fees and shipping charges are payable by You promptly upon delivery. You will pay all sales, use, value-added, GST, personal property or other governmental tax or levy associated with this transaction (including interest and penalties imposed thereon) other than taxes based on the net income or profits of Licensor. If You fail to pay any amount when due, Your license to Use the Licensed Program will automatically terminate and You will pay all costs of enforcement, including reasonable legal fees.

8. Transfer of License.

You may transfer and assign not less than all of Your rights to the Licensed Program under this Agreement by delivering the original media and Documentation for the Licensed Program to the transferee and the transferee's written consent to be bound by this Agreement. By transferring this Agreement, You terminate any right to Your continued possession or Use of the Licensed Program. You must promptly destroy all remaining copies of the Licensed Program in Your possession or under Your control.

9. Limited warranty

The licensor and its suppliers do not and cannot warrant the performance and the results you may obtain by using the software or documentation. The foregoing states the sole and exclusive remedies for the licensor’s or its suppliers’ breach of warranty, except for the foregoing limited warranty. The licensor and its suppliers make no warranties, express or implied, as to noninfringement of third party rights, merchantability, or fitness for any particular purpose. In no event will the licensor or its suppliers be liable for any consequential, incidental or special damages, including any lost profits or lost savings, even if a representative of licensor has been advised of the possibility of such damages or for any claim by any third party. The user is called to give emmediate response to arising problems.

10. Software Locks & Undocumented Features.

BE ON NOTICE THAT THE LICENSED PROGRAM CONTAINS A SOFTWARE LOCK THAT IS DESIGNED TO PREVENT UNAUTHORIZED OR EXCESSIVE USE OF THE LICENSED PROGRAM. USAGE OF THE LICENSED PROGRAM WILL BE MONITORED AND MAY UNDER CERTAIN CIRCUMSTANCES BE TERMINATED. LICENSOR DOES NOT REPRESENT OR WARRANT THAT OPERATION OF THIS FEATURE WILL BE ERROR FREE. YOU NEVERTHELESS AGREE THAT INCORPORATION OF THIS FEATURE INTO THE LICENSED PROGRAM IS COMMERCIALLY REASONABLE, HAS BEEN REFLECTED IN THE TERMS AND CONDITIONS OF THIS AGREEMENT AS A WHOLE AND YOU ACCEPT ALL RISK ASSOCIATED WITH THIS FEATURE.

11. Data Protection

For the purpose of customer registration and control of proper use of the programs licensor will store personal data of the users in accordance with the German law on Data Protection (Bundesdatenschutzgesetz). This data may only be used for the above-mentioned purposes and will not be accessible to third parties. Upon request of the user the licensor will at any time inform the user of the data stored with regard to him.

12. Other

(1) This contract includes all rights and obligations of the parties. There are no other agreements. Any changes or alterations of this agreement have to be performed in writing with reference to this agreement and have to be signed by both contracting parties. This also applies to the agreement on abolition of the written form.

(2) This agreement is governed by German law. Place of jurisdiction is the competent court in Hamburg. This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

(3) If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement which shall remain valid and enforceable according to its terms.

13. Termination

This agreement shall automatically terminate upon failure by you to comply with its terms despite being given an additional period to do so. Upon termination for any reason, You agree to destroy the original and all copies of the Licensed Program (including Documentation) and cease all further Use of it. Furthermore, upon request of licensor user has to submit written declaration that he is not in possession of any copy of the program on data storage devices or on the computer itself.

14. Information and Notices

Should you have any questions concerning this agreement or if you desire to contact ramjac Software for any reason and for all notifications to be performed under this agreement, please write to:

ramjac Software
Anya Möller
Rutschbahn 11
20146 Hamburg
Germany
Telefon: +49 - (0)40 - 40 19 79 - 25
Telefax: +49 - (0)40 - 40 19 79 - 03
e-mail: contact@ramjac.com
Steuernummer: 57/330/41902
www.ramjac.com

Disclaimers

Copyright

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Exception of liability

No responsibility is taken for the contents of any website which can be accessed using links available on this site and which are not published by ramjac Software. Responsible for the contents of these sites are exclusively their respective owners