AHatch Pro distribution permissions and end-user license agreement
IMPORTANT: CAREFULLY READ THIS LICENSE AGREEMENT ("LICENSE") BEFORE USING THIS PRODUCT.
YOUR INSTALLATION, COPYING, OR USE OF THIS PRODUCT INDICATES YOUR ACCEPTANCE OF THIS LICENSE, AND THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL OF ITS TERMS.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE, THEN: (A) DO NOT COPY, INSTALL, OR USE THIS PRODUCT, AND (B) IF YOU RETURN THE COMPLETE PRODUCT TO FELL + KERNBACH GMBH IMMEDIATELY, YOU CAN RECEIVE A FULL REFUND.
Fell + Kernbach GmbH (also referred to as "we" or "us") hereby grants you a license to use the Product (as defined below) in accordance with all of the terms and conditions of this License.
The "Product" consists of: (1) all materials with which this License is packaged by Fell + Kernbach GmbH , which may include, but are not limited to, computer program(s), software, accompanying printed materials; and "online" or electronic documentation, and (2) any supplemental software code and supporting materials which may be provided to you as part of support services provided or authorized by Fell + Kernbach GmbH for the Product.
B. YOU MAY:
1. install and use one copy of the Product on a single computer. You may also make a second copy of the Product, and install and use it on a home or portable computer used exclusively by you.
2. make one copy of the Product for archive or backup purposes. You may also store or install a copy of the Product on a storage device, such as a network server, used only to install or run the Product on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the Product is installed or run from the storage device.
5. if this Product includes a special hatch Pattern Library, use it only if you comply with the terms set out in the Guidelines for the Use of Fell + Kernbach GmbH owned hatch Patterns below.
B. YOU MAY NOT:
1. install, use, distribute, or copy the Product except as expressly permitted in this License.
2. translate, reverse engineer, decompile, or disassemble the Product, except to the extent, if any, that such activities are clearly and expressly permitted by applicable law despite such restrictions.
3. rent, lease, or assign the Product.
4. modify the Product, merge the Product as part of any other product or collection of products, or create derivative works derived from the Product, without the prior written consent of Fell + Kernbach GmbH
5. transfer the Product or your rights under this License to someone else.
6. permit others to perform any of activities (1) - (5) immediately above.
In addition, in no event do we authorize you or anyone else to use the Product in applications or systems where the Product`s failure to perform can reasonably be expected to result in significant physical injury, property damage, or loss of life, including but not limited to use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems. The Product is not fault-tolerant and is not designed, manufactured or intended for any such use. Any such use is entirely at your own risk, and you agree to hold Fell + Kernbach GmbH, and its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries and parent organizations, harmless from any and all claims or losses relating to such unauthorized use.
Your rights regarding the Product under this License shall remain in effect only as long as you are in full compliance with the terms and conditions of this License, and shall terminate automatically if you fail to comply with any such terms or conditions. You agree, upon termination, to destroy all copies of the Product received, made or used by you in connection with this License. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
All patents, copyrights, trademarks, trade secrets and other ownership rights in the Product are and shall remain in Fell + Kernbach GmbH or third parties with which Fell + Kernbach GmbH has licensing arrangements. The source code of the Product and all information regarding the design, structure or internal operation of the Product are valuable trade secrets of Fell + Kernbach GmbH or third parties with which Fell + Kernbach GmbH has licensing arrangements ("Confidential Information"), provided however, that "Confidential Information" shall not include information which otherwise would be Confidential Information to the extent that such information was publicly known prior to the time you received it, or became known to you through no violation of any of your, or others`, confidentiality obligations to any other party regarding the Product. To the extent, if any, to which you may learn any Confidential Information, you shall not sell, transfer, publish, disclose, display, or otherwise permit access by any third party to, the Confidential Information.
You shall ensure that any copies of the Product that you make or have made pursuant to this License bear all copyright and other proprietary notices contained in or affixed to the copy or copies of the Product as created and packaged by us. All rights of any kind in the Product which are not expressly granted in this License are entirely and exclusively reserved to and by Fell + Kernbach GmbH.
F. SERIAL NUMBER
This License has a unique serial number. Publishing of this serial number will be deemed a material breach of this License.
G. LIMITATION OF WARRANTIES AND LIABILITY:
LIMITED WARRANTY AND DISCLAIMER OF WARRANTY
ALL MATERIALS PROVIDED BY FELL + KERNBACH GMBH, INCLUDING BUT NOT LIMITED TO THE PRODUCT, ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, FELL + KERNBACH GMBH DOES NOT WARRANT THAT ANY SUCH MATERIALS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF SUCH MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH MATERIALS IS ASSUMED BY YOU. IF ANY SUCH MATERIALS ARE DEFECTIVE YOU, AND NOT FELL + KERNBACH GMBH OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE RISK OF SUCH DEFECT(S), AND THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
WITHOUT LIMITING THE ABOVE, THERE IS NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MADE BY FELL + KERNBACH GMBH, ON ANY MATERIALS PROVIDED BY FELL + KERNBACH GMBH, INCLUDING BUT NOT LIMITED TO THIS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FELL + KERNBACH GMBH, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
NEITHER FELL + KERNBACH GMBH NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF ANY MATERIALS PROVIDED BY FELL + KERNBACH GMBH, INCLUDING BUT NOT LIMITED TO THIS PRODUCT, SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH MATERIALS, EVEN IF FELL + KERNBACH GMBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This License is the entire agreement between you and us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in Berlin, Germany and you consent to such jurisdiction and venue. There are no third party beneficiaries of any promises or obligations of Fell + Kernbach GmbH herein. Any waiver by us of any violation of this License by you shall not constitute, nor contribute to, a waiver by us of any other or future violation of the same provision, or any other provision, of this License. The parties acknowledge and agree that no third party (including but not limited to your customers, clients or licensees) shall have any rights, either against us or our suppliers, as a third party beneficiary of any rights, licenses, products or services granted or provided by us to you hereunder.
This Product maz contain hatch Pattern Libraries which are either owned by Fell + Kernbach GmbH. As a user of this Product you are free to use and modify the hatch patterns as you wish, subject to all of the restrictions set out below.
A. YOU MAY, subject to any restrictions set out below:
1. incorporate any hatch pattern(s) into your own original work and publish, display and distribute your work in any media. You may not, however, resell, sublicense or otherwise make available the hatch pattern(s) for use or distribution separately or detached from a product or web page. For example, the hatch pattern(s) may be used as part of a Map design, but may not be made available in a format designed or intended for permanent storage or re-use by others. Similarly, clients may be provided with copies of the hatch pattern(s) (including digital files) as an integral part of your work product, but may not be provided with the hatch pattern(s) or permitted to use the hatch pattern (s) separately or as part of any other product.
2. make one (1) copy of the hatch pattern (s) for backup or archival purposes.