noltesoftware GmbH Single End-User License Agreement
The following section is a summary and not a substitute for the full license, which is detailed below this section.
You are free to
Download, activate and use the Software on one computer for your personal use (if you are a consumer) or for commercial purposes (if you are a business).
Under the following terms
You will receive 12 months of updates once the Software has been activated.
All intellectual property rights in the Software anywhere in the world belong to noltesoftware.
We are not liable to you for any loss of data, sales, profits or any indirect loss or damage.
We are not liable to you for the content of any data transferred either to or from you or stored by you via the Software.
You may not
Rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software.
Disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to discover the source code of the Software.
Full license details
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE DOWNLOADING AND/OR INSTALLING THE IMERGE PRO SOFTWARE:
This license agreement (License) is a legal agreement between you (Licensee or you) and noltesoftware, Hamburg, Germany (Licensor, us or we) for QMate, QIDCard, QuickComposite computer software and the associated media (Software).
We license use of the Software to you on the basis of this License. We remain the owners of the Software at all times.
IMPORTANT NOTICE TO ALL USERS:
BY DOWNLOADING THE SOFTWARE YOU ARE CONFIRMING THAT YOU HAVE READ AND AGREE TO THE TERMS OF THIS LICENSE WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, WE WILL NOT LICENSE THE SOFTWARE TO YOU AND WE ASK THAT YOU REFRAIN FROM ANY FURTHER USE OF THE SOFTWARE AND IMMEDIATELY UNINSTALL THE SOFTWARE.
THE TERMS OF THIS LICENSE INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN CONDITION 5.
PLEASE NOTE THAT OUR SOFTWARE IS NOT INTENDED FOR USE BY CHILDREN UNDER THE AGE OF 13. WE DO NOT KNOWINGLY LICENSE OUR SOFTWARE TO CHILDREN. IF YOU ARE UNDER THE AGE OF 13 WE WOULD KINDLY ASK YOU TO REFRAIN FROM USING OR PURCHASING OUR SOFTWARE OR ACCESSING OUR OTHER DIGITAL SERVICES.
IF YOU OBTAINED THE SOFTWARE OR ANY ADDITIONAL FUNCTIONALITY FROM A THIRD PARTY RETAILER PLEASE CONTACT THE RETAILER DIRECTLY WITH ANY INITIAL QUERIES IN RELATION TO THIS LICENSE OR YOUR RIGHTS IN RELATION TO THE SOFTWARE.
You should print a copy of this License for future reference.
1. Grant and scope of license
1.1 In consideration of payment by you of the agreed purchase price and you agreeing to abide by the terms of this License, we hereby grant to you a non-exclusive license to use the Software on the terms of this License.
1.2 If you have downloaded the demo version of the Software you agree to be bound by and abide by the terms of this License. You acknowledge and agree that in the event that you upgrade to the full version of the Software from the demo version the terms of this License shall remain in force in their entirety.
1.3 The license fee payable by you is inclusive of VAT (where applicable).
1.4 You may:
a) you are an eligible user of our Educational Edition;
b) the proof of your eligibility provided upon purchase was accurate and correct; and
c) you will use the Software for educational purposes and you agree not to use the Software for any commercial or business purpose.
1.5 You may:
a) download, install and use the Software on one computer for your personal use (if you are a consumer) or for commercial purposes (if you are a business) only;
b) receive and use any free supplementary software code or updates of the Software incorporating „patches“ and corrections of errors as may be provided by us from time to time.
c) receive and use any new features supplied by us at our sole discretion for a period of 12 months after activating the software.
2.1 Except as expressly set out in this License or as permitted by any local law, you undertake:
a) not to copy the Software (other than once for the purpose of back-up or operational security);
b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
c) not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
d) not to transmit the Software over a network, by telephone or electronically using any means;
e) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software, attempt to discover the source code of the Software nor attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by you during such activities:
i) is used only for the purpose of achieving inter-operability of the Software with another software program; and
ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
iii) is not used to create any software which is substantially similar to the Software;
f) to keep the Software secure and to supervise and control use of the Software and ensure that the Software is used in accordance with the terms of this License;
g) to include our copyright notice on all entire and partial copies you make of the Software on any medium; and
h) not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us.
2.2 You acknowledge and agree that should you transfer the Software to a third party in accordance with clause 11.4 below this will constitute a termination by you, and you as the original licensee must render your version of the Software unusable. Any additional functionality (paid or otherwise) which you have added to the Software shall also be transferred and your license to any additional functionality shall also terminate. The provisions of clause 6.3 shall therefore apply.
3. Intellectual property rights
3.1 You acknowledge that all intellectual property rights in the Software (and in any additional features that you download from our website) anywhere in the world belong to us, that rights in the Software are licensed to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with the terms of this License.
3.2 You acknowledge that you have no right to have access to the Software in source code form.
3.3 In the event that you produce and provide to the Licensor any text or images (the Material) from the use of the Software you hereby agree to release any intellectual property rights which you may have in the Material to the Licensor and expressly authorise the Licensor to use the Material in any manner or for any purpose whatsoever.
4. Customer Support
4.1 We offer the Licensee technical help and assistance through our Customer Support team for a period of 1 year after activation of the Software. Our Customer Support team can be contacted via our website.
4.2 Subject to clause 8 below, we are under no obligation to release any patches or bug fixes for the Software. Any repairs that we undertake are at our sole discretion and are dependent upon you making available all the information that may be necessary to help us to remedy the defect or fault, including sufficient information to enable us to recreate the defect or fault.
4.3 We will be unable to repair any Software:
a) if the defect or fault in the Software results from you having amended the Software; and
b) if the defect or fault in the Software results from you having used the Software in contravention of the terms of this License.
4.4 We make no warranty that the operation of the Software will be uninterrupted or that the Software will be error free or as to the results that may be obtained from use of the Software.
5. Limitation of liability
5.1 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software meet your requirements. For the avoidance of doubt, any new features we choose to add to the software during the term of your license will be at our sole discretion.
5.2 We only supply the Software to business customers for commercial use and to consumers for domestic and private use.
5.3 We shall not under any circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the License for:
a) loss of profits, sales, business, or revenue;
b) business interruption;
c) loss of anticipated savings;
d) loss or corruption of data or information;
e) loss of business opportunity, goodwill or reputation; or
f) any indirect or consequential loss or damage.
5.4 We are not liable to you for the content of any data transferred either to or from you or stored by you via the Software.
5.5 From time to time we may choose to display advertisements or promotions of products of third parties on the Software along with electronic links to their sites. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
5.6 Other than the losses set out in condition 5.3 (for which we are not liable), our maximum aggregate liability under or in connection with this License whether in contract, tort (including negligence) or otherwise, shall in all circumstances not exceed the purchase price for the Software. This maximum cap does not apply to condition 5.7.
5.7 Nothing in this License shall limit or exclude our liability for:
a) death or personal injury resulting from our negligence;
b) fraud or fraudulent misrepresentation;
c) any other liability that cannot be excluded or limited by law.
5.8 This License sets out the full extent of our obligations and liabilities in respect of the supply of the Software. Except as expressly stated in this License, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Software which might otherwise be implied into, or incorporated in, this License whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
6.1 This License is effective until terminated by you or us upon notice.
6.2 We may terminate this License immediately for any reason by written notice to you, including but not limited to, if you commit a material or persistent breach of this License which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
6.3 Upon termination for any reason:
a) all rights granted to you under this License shall cease;
b) you must immediately cease all activities authorised by this License; and
c) you must immediately delete or remove the Software together with any additional functionality from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of the Software (and any additional functionality) then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
7. Events outside our control
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this License that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in condition 7.2.
7.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
7.3 If an Event Outside Our Control takes place that affects the performance of our obligations under this License:
a) our obligations under this License will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
b) we will use our reasonable endeavours to find a solution by which our obligations under this License may be performed despite the Event Outside Our Control.
8.1 You acknowledge and agree that you are responsible for downloading/installation, management and operation of the Software.
8.2 We may transfer our rights and obligations under this License to another organisation, but this will not affect your rights or our obligations under this License.
8.3 These terms do not apply to third-party libraries that could be included in the Software. These third-party libraries are distributed in accordance with their license agreements.
8.4 You may only transfer your rights or your obligations under this License to another person with prior written consent.
8.5 As an organisation, we value the personal information that is entrusted to us by Licensees and software users. It is extremely important to us that we uphold that trust in the way in which we handle, use, store and protect your personal data.
8.6 In addition to any personal data which we collect about you, pursuant to clause 8.5, we will also, through your use of the Software, collect certain non-personal information relating to your hardware usage in order to improve the Software and help us respond to any issues or queries that you may have regarding your use of the Software. This may include your hardware identifier, CPU and GPU information, RAM details, operating system, plugin hosts and monitor specifications.
8.7 This Agreement may only be varied or modified by a License Addendum which accompanies this License or by written document which has been signed by both you and us.
8.8 If you are a business customer, this License constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this License. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this License.
8.9 If we fail to insist that you perform any of your obligations under this License, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
8.10 Each of the conditions of this License operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
9. Refund policy
As you have the opportunity to test our products before purchasing them, you should explain us the reason of your refuse from using the product you bought and must assure us that you did not use the product commercially in any way.