|
|
| Please read this License carefully before opening the package or using the software. By opening the package or using the software, you are agreeing to be bound by the terms of this License. If you do not agree to the terms of this License, promptly return the unused software to the place where you obtained it.
GUM Workbench is licensed not sold. 1. License. GUM Workbench, whether on disk, in read-only memory, or on any other media (hereinafter referred to as GUM Workbench) and the related documentation are licensed to you by Danish Technological Institute, Gregersensvej, DK-2630 Taastrup, Denmark. Danish Technological Institute is the licensor under this License Agreement pursuant to rights granted by Metrodata Datenverarbeitung für Meßtechnik GmbH, a corporation organised under the laws of Germany, with its principal offices at Basler Straße 18, D-79639 Grenzach-Wyhlen, Germany (hereinafter referred to as Metrodata). You own the medium on which the GUM Workbench is recorded, but Metrodata and the licensor retain title to the GUM Workbench and related documentation. 2. Use and copying. This License allows you to use the GUM Workbench only on a number of computers equal to the number of licenses you have bought and only make one copy of the GUM Workbench in machine-readable form for backup purposes only. Each license may be used only on one computer. You must reproduce on such copy the GUM Workbench copyright notice and any other proprietary legends that were on the original copy of the GUM Workbench. You may also transfer all your license rights in the GUM Workbench, the backup copy of the GUM Workbench, the related documentation, and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this License. 3. Restrictions. The GUM Workbench contains copyrighted material, trade secrets, and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not decompile, reverse engineer, disassemble, or otherwise reduce the GUM Workbench to a human-perceivable form; copy, modify, network, rent, lease, loan, or distribute the GUM Workbench; or create derivative works based upon the GUM Workbench in whole or in part other than as expressly permitted by applicable legislation. You may not electronically transmit the GUM Workbench from one computer to another or over a network. |
Specifically, the key-code supplied with GUM Workbench is a trade secret. It may not be made known to other persons or organisations and may not be copied or published in any manner.
4. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the GUM Workbench, related documentation and all copies thereof. This License will terminate immediately without notice from Metrodata or the licensor if you fail to comply with any provision of this License. Upon termination you must destroy the GUM Workbench, related documentation and all copies hereof. Upon termination you shall remain subject to the provisions, restrictions, and exclusions in this License Agreement and shall have no right to any refund of any amounts paid for the GUM Workbench. No termination shall release you from liability for any breach of this License Agreement. 5. Limited Warranty on Media. The licensor warrants the diskettes and/or compact discs on which the GUM Workbench is recorded to be free from defects in materials and workmanship under normal use for a period of one year from the date of purchase as evidenced by a copy of the receipt. During the applicable warranty period the licensor will repair (or at its option replace) free of charge such diskettes and/or compact discs that prove defective provided they are returned properly packaged to the licensor all transportation charges prepaid, together with your name, address, and telephone number, a description of the problem, and proof of date of purchase. All diskettes and/or compact discs replaced under warranty become the property of the licensor. The licensor Institute will not have any responsibility to replace a diskette and/or compact disc damaged by accident, abuse, or misapplication. Any implied warranties and/or conditions on the diskettes and/or compact discs, including the implied warranties and/or conditions of merchantability and fitness for a particular purpose, are limited in duration to one year from the date of delivery. The terms of this disclaimer do not affect or prejudice the statutory rights of a consumer acquiring GUM Workbench otherwise than in the course of a business. 6. Disclaimer of Warranty on GUM Workbench. You expressly acknowledge and agree that use of the GUM Workbench is at your sole risk. The GUM Workbench and related documentation are provided "as is" and without warranty of any kind and Metrodata and the licensor expressly disclaim all warranties and/or conditions, express or implied, including, but not limited to, the implied warranties and/or conditions of merchantability and fitness |
| for a particular purpose. Metrodata does not warrant that the functions contained in the GUM Workbench will meet your requirements or that the operation of the GUM Workbench will be uninterrupted or error-free, or the use of the GUM Workbench or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advise given by Metrodata or the licensor shall create a warranty or in any way increase the scope of this warranty. Should the GUM Workbench prove defective, you (and not Metrodata or the licensor) assume the entire cost of all necessary servicing, repair, or correction.
7. Limitation of Liability. Metrodata´s and the licensor’s aggregate liability in respect of any single event or series of events whether as a result of negligence, breach of contract, misrepresentation, or otherwise shall in no circumstances exceed the cost of the defective, damaged, or undelivered product determined by the net invoiced price. Save as expressly provided to the contrary, all conditions, warranties, and representations expressed or implied by statute, law, or otherwise in relation to GUM Workbench are hereby excluded, and neither Metrodata nor the licensor shall under no circumstances accept liability for any loss, damage or injury, direct, resulting from defective material, faulty workmanship, or otherwise howsoever. The terms of this disclaimer do not affect or prejudice the statutory rights of a consumer acquiring GUM Workbench otherwise than in the course of a business. 8. Rights to distribute .SMU files. As an owner of a GUM Workbench license, you are allowed to freely distribute any .SMU files which you have created using GUM Workbench. Neither Metrodata nor the licensor shall be responsible for the contents or validity of such files. 9. Controlling Law and Severability. This License shall be governed by and construed in |
accordance with the laws of Germany. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
10. Acknowledgment. You acknowledge that you have read this License Agreement and Limited Warranty, understand them, and agree to be bound by their terms and conditions. You also agree that the License Agreement and Limited Warranty are the complete and exclusive statement of agreement between the parties and supersede all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of the License Agreement or the Limited Warranty. No amendment to or modification of this License will be binding unless in writing and signed by Metrodata and the licensor. 11. Demo version. This License Agreement is in effect for full versions as well as for demo versions. For the demo versions, however, section 2 is replaced by section 12: 12. Use and copying of demo version. A demo version of GUM Workbench is clearly discernible from a full version in that it displays 'Demo version' in its about-box and that it does not require a serial number or a key-code to install. Furthermore a demo version has inactive 'Save' and 'Save as...' commands. Documentation for a demo version is clearly marked as such. A demo version may be freely copied and distributed. Such distribution shall be on a no charge basis. In copying GUM Workbench demo versions, the GUM Workbench copyright notice and any other proprietary legends that were on the original demo version must be reproduced. A demo version may be freely used except as for continued use in a laboratory or quality assurance activitites which are run for a business purpose. |
A service by Danish Technological Institute
- Page first published on December 26, 1998
- Edited on June 8 2005 – | See upload history |
- © Copyright Danish Technological Institute 2005 – | See legal message |
- ||