NCP Seremo Client distribution permissions and end-user license agreement
NCP Engineering Software Licence Agreement The terms of the licence for use by you, the end user (referred to hereinafter as `the Licensee`) of NCP software are set out below. By reading and accepting this notice, you agree to these terms and conditions, so please read the text below carefully and completely. If you do not accept the terms of this agreement, you cannot use the software. Terms of agreement 1. Subject of the Agreement The subject of the agreement is the software supplied in file form, including the associated software documentation. NCP points out that in accordance with the present state of the art it is impossible to produce computer software which works perfectly with all systems and under all conditions. This agreement therefore only covers software which is in principle usable as described in the software documentation and user manual. 2. Scope of use For the duration of this agreement, NCP grants you a simple, non-exclusive, personal right (also referred to hereinafter as `the Licence`) to use the present copy of NCP software on a single computer and at a single site. Where this single computer is a multi-user system, this licence extends to all users of that system. As Licensee, you may copy software from one computer to another, provided it is only ever used or loaded on one computer at any one time. Any additional use requires NCP`s written consent. The licensee expressly obligates himself to use and reproduce the subject of this contract only within the scope that is granted to him through this contract and by forcible German law. The licensee expressly insures that he and his employees, fulfilment resources, or other support persons, associated companies or other third parties over which he can exercise controlling influence will not use the contract products without the required purchase of a license. The licensee further obligates himself to provide to NCP, upon demand, a complete and total list of all installations of the contract products including addresses of the respective installation locations, that have been instigated through him, his employees, fulfilment resources, other support persons, third parties associated with him, associated companies, and business partners; and to authorise NCP to carry out on-site spot check tests after agreement on an appropriate date and time. The customer obligates himself not to copy or release the software without license. 3. Exclusions The Licensee may not: a) Without NCP`s prior written consent pass the software or the associated documents to any third party or otherwise make it available to third parties. b) Copy the software from one computer to another via a network or other data transmission channels except under multiple site or server licences issued for that purpose. c) Alter, translate, downgrade, decompile, reverse engineer, or disassemble the software without NCP`s prior written consent. d) Produce programs derived from the software or reproduce the written documentation. e) Translate the software or alter it or produce programs derived from the written documentation. 4. Title to rights By acquiring this product, you merely acquire a non-exclusive licence to use the software; this does not confer any rights to the software itself. In particular, NCP reserves all rights of publication, reproduction, processing and exploitation with respect of the software. 5. Reproduction The software and associated documents are protected by copyright. Where the software is provided without copy protection, you may make a single spare copy for backup purposes only. You must mark this spare copy as the copyright of NCP or include a notice to that effect therein. Any copyright notice already present in the software and any registration numbers contained therein may not be removed. You are expressly prohibited from copying or otherwise reproducing the software or documentation in whole or in part, in their original or amended form or combined with or included in other software. 6. Assignment of licence The licence to the software may not be assigned to any third party without the prior written consent of NCP and then only subject to the terms of this agreement. It is expressly prohibited to give the software as a gift or to lease or lend it or rent it out. 7. Duration of agreement This agreement applies for an unlimited period. The Licensee`s right to use the software will lapse without need for notice if the Licensee breaches any of the terms of this agreement. On termination of the licence, the Licensee must destroy the software and any copies of the software, including any altered copies, and the written documentation. 8. Liquidated damages in the event of breach of contract NCP points out that the Licensee is liable for any losses by reason of any breach of contract which NCP incurs as a result of the Licensee breaching any of the terms of the agreement. 9. Amendments and updates NCP may alter or update the software at its own discretion. 10. NCP warranties and liability a) For the reasons given in (1) above, NCP cannot accept any liability for the software being free of all defects. In particular, NCP cannot give any warranty that the software will meet the user`s requirements and purposes or that it will work with other software employed by the user. Responsibility for selecting the correct software and for the consequences of using the same, and for the results intended or achieved, rests with the Licensee. This also applies to the documentation which accompanies the software. b) NCP will not be liable for any loss, except where that loss is caused by intent or gross negligence on NCP`s part. The liability for gross negligence does not apply to resellers. c) Liability in respect of any characteristics which may be warranted by NCP shall not be affected. No liability can be accepted for losses consequential to defects which are not covered by such warranty. d) NCP cannot guarantee that the software as supplied is completely virus-free, but NCP does warrant that all software will be checked for viruses prior to issue using current virus-checking software. 11. Governing law This agreement is subject to German law: the legal venue is Nuremberg, Germany. The Licensee accepts this provision. This product contains software of the OpenSSL Project. (http:OpenSSL.org/) This product contains cryptographic software created by Eric Young (email@example.com) This product contains software created by Tim Hudson (firstname.lastname@example.org) If you agree to the terms of this NCP software licence, please press `Y` for yes in the appropriate window below. If you do not agree to the terms of this NCP software licence, please press `N` for no in the appropriate window below. If you press `N` in the appropriate window below, you will not be able to use the software.