A.N. Solutions GmbH - End-User-License Agreement
You must read this Limited License Agreement (this "Agreement") carefully and thoroughly before downloading, installing, and/or using any software or content (“Software”) provided herewith. BY DOWNLOADING, INSTALLING AND/OR USING ANY SOFTWARE OR CONTENT, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THEN DO NOT DOWNLOAD, INSTALL/COMPLETE INSTALLATION OF, OR USE THE SOFTWARE OR CONTENT.
These End-User-License Agreement (this "Agreement") is a legal contract between you, as either an individual or an Entity (as defined below), and A.N. Solutions GmbH and its subsidiaries.
Read the terms and conditions of this agreement carefully before downloading, installing, obtaining a license Key, or otherwise accessing or using parallel proprietary software accompanied by this agreement (the "Software").
The Software is copyrighted, and it is licensed to you under this agreement, not sold to you. By downloading, installing, obtaining a license key, or otherwise accessing or using the software, you acknowledge that you have read this agreement, that you understand it, and that you accept and agree to be bound by its terms. if you are accepting this agreement on behalf of an company, organization, educational institution, or agency, instrumentality or department of a government (an "entity") as its authorized legal representative, then you represent and warrant that you have the power and authority to bind such entity to these terms, and references to "you" herein refer to both you, the individual end user, and the entity on whose behalf you are accepting this agreement.
If at any time you are not willing to be bound by the terms of this agreement, you should click the "I do not accept" or similar button, terminate the download and/or installation progress, immediately cease and refrain from accessing or using the software and delete any copies you may have. This agreement, along with any additional terms or policies incorporated herein by reference, represents the entire agreement between you and A.N. Solutions GmbH concerning the software, and this agreement supersedes and replaces any prior proposal, representation, or understanding you may have had with A.N. Solutions GmbH relating to the software, whether orally or in writing.
GRANT OF LICENSE
A.N. Solutions GmbH grants the user a non-exclusive, non-transferable, limited license: (a) to internally use the Software as a development platform solely in connection with an A.N. Solutions product , (b) to internally modify the source code version of the Software solely as necessary to implement such Software in products developed by the user that incorporate an A.N. Solutions Product (“Company Products”), and (c) to distribute the Software solely as implemented in Company Products. The user shall not use the Software for any purpose other than as specifically authorized herein.
As between the parties, A.N. Solutions retains full rights, title, and ownership including all patents, copyrights, trade secrets, trade names, trademarks, and other intellectual property rights in and to the Software. The user agrees to take all reasonable steps to prevent unauthorized disclosure of the Software.
NO OTHER RIGHTS
Except as expressly stated herein, this Agreement does not grant any user, by implication, estoppels or otherwise, any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, franchises, or licenses in respect of the Software. A.N. Solutions will not provide any support or maintenance for the Software.
NO SUPPORT AND DISCLAIMER OF WARRANTY
A.N. Solutions GmbH is not obligated to furnish or make available to the user any further information, software, technical information, know-how, show-how, bug-fixes, or support. A.N. Solutions reserves the right to make changes to the Software without further notice. A.N. Solutions is providing the software to company „as is“, „with all faults“, and with no warranty whatsoever. A.N. Solutions makes no warranty that the software is complete, verified, or validated. A.N. Solutions is making no representation that the software is free from any claims of infringement. A.N. Solutions makes no warranty whatsoever, express, implied, statutory, contractual or otherwise with respect to the software, and expressly disclaims any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement and any warranties arising by custom of trade or course of dealing.
NOTICE AND PROTECTION
The user agrees not to remove or destroy any proprietary trademark or copyright markings or notices placed upon or contained within the Software or any related documentation.
User acknowledges that the certain laws and regulations may restrict the export and re-export of the Software. User will not export or re-export any Software (including the diskettes, related documentation and/or any hardware peripherals) in any form without the appropriate United States and foreign governmental approval.
The license will automatically terminate if Company fails to comply with any of the terms and conditions of the license. Upon termination for any reason, Company will immediately destroy or return to A.N. Solutions the Software, including all documentation and all whole or partial copies of the Software.
LIMITATION OF LIABILITY
In no event shall A.N. Solutions be liable to company or any third party for any consequential, special, indirect or incidental damages arising out of or relating to the software or any other aspect of this agreement, even if A.N. Solutions has been advised of the possibility of such damages.
This Agreement and all transactions concluded hereunder shall be governed by the laws of Germany, as such laws are applied to contracts entered into and performed entirely in Germany by Germany residents. Any litigation relating to this Agreement shall be subject to the exclusive jurisdiction of the state courts located in Dresden, Germany, or the higher-level federal courts. If any provision of this Agreement is held to be invalid, illegal or unenforceable, that provision shall be construed in such a manner that it becomes valid and enforceable and so as to reflect most closely the intent of the parties in agreeing upon the provision in the first place, and the remaining provisions of this Agreement shall continue in full force and effect and shall not in any way be affected or impaired by any such determination of invalidity, illegality or unenforceability.
This agreement is the entire and exclusive agreement between A.N. Solutions and any third party and supersedes all prior oral and written agreements and communications between the parties pertaining to the subject matter of this agreement. No different or additional terms will be enforceable against A.N. Solutions unless A.N. Solutions gives ist express written consent, including an express waiver of the terms of this agreement.
A.N. Solutions GmbH
Dresden, August 2020