Software License Agreement
                                                         
This Software License Agreement (the "Agreement") is a legal agreement between you, the end user (the "Licensee"), and Ing. Kent Filek, MBA (the "Licensor" or "Manufacturer"). By continuing the installation of this program, by loading or running the program, or by placing or copying this program onto your computer hard drive, computer RAM or other storage, you are agreeing to be bound by the terms of this Agreement.


1.  SOFTWARE LICENSE

The Licensor hereby grants, and the Licensee hereby accepts, a license to operate the Software provided hereunder in accordance with the following terms:

(a)  The Licensor grants to the Licensee a limited, non-exclusive, nontransferable, non-assignable royalty-free license to use a copy of the executable (binary) code of the Software on one or multiple devices for personal use.

(b)  Except as otherwise expressly provided herein, all rights are exclusively reserved to the Licensor. The Licensee must not use the software for commercial or business purposes. Especially but not limited to, the Licensee shall not bundle, bulk deploy, rent, lease, sell, sublicense, assign, mortgage, pledge, or otherwise transfer or encumber the Software, including any accompanying Documentation and information.  The Licensee shall not reverse engineer, de-compile, or disassemble the Software except to the extent that this restriction is expressly prohibited by applicable law.  The Licensor shall retain title and all ownership rights to the Software. 

(c)  The Licensor may grant additional rights, especially rights related to commercial or business usage. Any such additional rights require explicit and written permission of the Licensor and may be subject to a license fee.


2.  WARRANTY; DISCLAIMER OF WARRANTIES.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.  THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH THE LICENSEE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR, ITS SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS OPPORTUNITIES, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ,THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE LICENSEE.

3.  GOVERNING LAW. This Agreement is governed by the laws of the Federal Republic of Austria. The Licensee consents to exclusive jurisdiction by the federal courts sitting in the Republic of Austria.  

4.  PARTIES BOUND.  If the Licensee is accepting the terms and conditions of this Agreement on behalf of a company, then the individual accepting this Agreement represents that he/she has authorization to accept on behalf of such company, also agrees that in addition to the applicable company, he or she will be personally bound by this Agreement, and agrees that the Software shall remain on the company premises, unless otherwise agreed in writing the Licensor.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE BETWEEN THE LICENSOR AND YOU, IF ANY, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN THE LICENSOR AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. 



Contact:

http://www.filek.com/contact
koolcalc@filek.com