IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using battleWarden EX ("Software") containing this software, you agree that this End User User License Agreement ("EULA") is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this agreement.
Unless you have a different license agreement signed by solicus your use of battleWarden EX indicates your acceptance of this license agreement and warranty.
Subject to the terms of this agreement, solicus grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use battleWarden EX in accordance with this agreement and any other written agreement with solicus. solicus does not transfer the title of battleWarden EX to you; the license granted to you is not a sale. This agreement is a binding legal agreement between solicus and the purchasers or users of battleWarden EX.
If you do not agree to be bound by this agreement, remove battleWarden EX from your computer now and, if applicable, promptly return to solicus by mail any copies of battleWarden EX and related documentation and packaging in your possession.
battleWarden EX and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of battleWarden EX contact solicus.
3. USER AGREEMENT
This EULA gives you the right to install and use battleWarden EX on a (file) server owned, leased and controlled by you. Furthermore 4 additional users shall use battleWarden EX on the (file) server the software has been installed on, provided that the total number of concurrent users does not exceed a total number of 5. You shall assign a central administrator the task of accurately counting and controlling the number of users allowed to access, install and administer battleWarden EX, including updates as well as upgrades to the software, if applicable.
3.2 Use Restrictions
You (as well as other concurrent users) shall use battleWarden EX in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of battleWarden EX together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
The assignment, sublicense, sale, or distribution of copies of battleWarden EX are strictly forbidden without the prior written consent of solicus. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow or transfer the use of battleWarden EX.
3.3 Copyright Restriction
This software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile battleWarden EX. Nor can you create any derivative works or other works that are based upon or derived from battleWarden EX in whole or in part.
solicus' name, logo and graphics file that represents battleWarden EX shall not be used in any way to promote products developed with battleWarden EX. solicus retains sole and exclusive ownership of all right, title and interest in and to battleWarden EX and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of battleWarden EX, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for solicus.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend solicus, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of solicus' software.
In no event (including, without limitation, in the event of negligence) will solicus, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this agreement, battleWarden EX or the use or inability to use battleWarden EX or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
solicus' entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by solicus) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to solicus.
Except as expressly stated in writing, solicus makes no representation or warranties in respect of this software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This agreement shall be governed by the law of the Germany applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Germany therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of battleWarden EX and destroy all copies of battleWarden EX supplied under this agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY battleWarden EX AS WELL.
5. CONSENT OF USE OF DATA
You agree that solicus may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to battleWarden EX. solicus may also use this information to provide notices to you which may be of use or interest to you.
Copyright © 2016 solicus. All Rights Reserved. Last Update: 2016-4-7.