End User License
This software package contains the Isadora® software (the "Software") and related documentation, owned by Coniglio TroikaTronix e.K., Germany, the Licensor (“TroikaTronix”). The term "Software" shall also include any upgrades, modified versions, updates, additions, and copies of the Software if licensed to you by TroikaTronix or a TroikaTronix retailer.
1.1. Scope of application. This license shall apply to any use of the Software. You may have concluded an additional sale or lease agreement with a TroikaTronix retailer. In this case, such retailer is your contract partner with respect to the corresponding contractual rights and duties, whereas this license only provides for the Software’s scope of use under intellectual property law, in particular copyright law.
1.2. No specific purpose. The Software is not licensed for a specific purpose, unless otherwise explicitly agreed upon between you and TroikaTronix.
2.1. Grant of Rights. Upon duly acquisition of the Software subject to an additional agreement, TroikaTronix grants to you a non-exclusive right for each License purchased therewith, to activate the Software on two (2) hardware system(s) you own (whether physical or virtual) capable of running the Software for a use by up to two (2) person(s) at a time. The license period is defined in the acquisition agreement. Without such an acquisition agreement, you may use the Software to the same extent, but you may not (and will not to be able to) save any of your application results.
2.2. Transfer of Rights. You may transfer the use rights to a device owned by someone else if (i) you are the first licensed user of the Software, (ii) the new user agrees to the terms of this license, and (iii) you have removed the Software from your hardware systems.
3.1. Limited grant of rights. TroikaTronix reserves all rights (such as rights under intellectual property and copyright laws) not expressly granted with this license.
3.2. Restricted Acts. This license in particular (but not limited to) does not give you any right to, and you may not (i) use or virtualize features of the Software separately; (ii) publish, copy (other than the permitted backup copy), modify or lend the Software; (iv) work around any technical restrictions or limitations in the Software; (v) use the Software as server software, for commercial hosting, make the Software available for simultaneous use by multiple users over a network (unless otherwise explicitly agreed upon), install the Software on a server and allow users to access it remotely, or install the Software on a device for use only by remote users; and (vi) reverse engineer, decompile, or disassemble the Software, or attempt to do so, except and only to the extent that the foregoing restriction is permitted by applicable law.
4. Choice of law
4.1. Applicable law. For users having their habitual residence outside the USA, the license is granted subject to German law.
4.2. Consumer protection. For consumers (not entrepreneurs) having their habitual residence outside of Germany but within the EU, this shall only apply with the proviso that mandatory legal provisions for the protection of consumers of the state where they have their habitual residence shall remain unaffected.
5. Application of US-law
If US-law applies subject to sect. 4, the TroikaTronix’ warranty and liability shall be limited as follows:
5.1. Limitation of Warranty. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind and TroikaTronix and TroikaTronix's Licensor(s). TroikaTronix and TroikaTronix's Licensor(s) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TROIKATRONIX AND TROIKATRONIX'S LICENSOR(S) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, TROIKATRONIX AND TROIKATRONIX'S LICENSOR(S) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION GIVEN BY TROIKATRONIX OR A TROIKATRONIX AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT TROIKATRONIX OR A TROIKATRONIX AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
5.2. Limitation of liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL TROIKATRONIX BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF TROIKATRONIX OR A TROIKATRONIX AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES