|End User License Agreement baseportal|
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND BASEPORTAL. READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY DOWNLOADING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL OR USE THIS SOFTWARE.
THE SOFTWARE IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THE SOFTWARE IS LICENSED, NOT SOLD.
(1) baseportal grants you the right to install and use a copy of this Software on a single computer. A license for the Software may NOT be shared or used concurrently on different computers.
(2) You may copy the Software ONLY for backup and archival purposes.
2. License Restrictions
(1) You may NOT modify, reverse engineer, decompile, or disassemble or otherwise attempt to reconstruct or discover the source code of the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(2) You may NOT rent, lease, or lend the Software.
(3) This license is for your personal use only. You may NOT permit other individuals to use the private domain or the internal database functionality of the Software.
(4) You are NOT allowed to offer services, which are based on this Software and stand in competition to the baseportal service under http://baseportal.com.
(1) If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity.
4. NO WARRANTY
(1) THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" AND DOES NOT CONSTITUTE A WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BASEPORTAL DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED. BASEPORTAL MAKES NO WARRANTY, IMPLIED OR OTHERWISE, ABOUT THE SUITABILITY OF THIS SOFTWARE FOR ANY PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
4. LIMITATION OF LIABILITY
(1) BASEPORTAL SHALL NOT IN ANY CASE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM THE USE -OR THE INABILITY TO USE- OF THE SOFTWARE. THIS INCLUDES BUT IS NOT LIMITED TO THE LOSS OF DATA OR LOSS OF PROFIT, EVEN IF BASEPORTAL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. High Risk Activities
(1) The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment 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, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). baseportal and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
(1) The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.
(1) This EULA shall be governed by the laws of the Germany, without giving effect to principles of conflict of laws. The place of jurisdiction is Berlin, Germany.
(2) If any provision if this Agreement shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby.
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