|
PeerStream 5 Software License Conditions
The PeerStream software that is made available (the "Software") is owned
by Virtual Worlds Productions (the "Vendor"). This Software is protected
by copyright laws, and is being made available solely for use by you in
accordance with the following terms and conditions. Any use,
reproduction or redistribution of the Software that is not in accordance
with this Software License Agreement is expressly prohibited by law, and
may result in civil and criminal penalties.
SOFTWARE LICENSE AGREEMENT
THE VENDOR IS WILLING TO LICENSE THIS SOFTWARE TO YOU ONLY ON THE
CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE
AGREEMENT. This is a legal agreement between you (either an individual
end-user or an entity) and the Vendor ("Agreement"). By using this
software, you are agreeing to be bound by the terms and conditions of
this Agreement. If you do not agree to the terms and conditions of this
Agreement, promptly return the software and other items that are part of
this product in their original package with your sales receipt to your
point of purchase for a full refund, or if you have downloaded this
software from the Vendors web site, then you must stop using the
software and destroy any copies of the software in your possession or
control.
1.Grant of Agreement. Subject to the terms and conditions of this
Agreement, the Vendor and its suppliers grant to you a
nonexclusive license to use one licensed copy of the Software
and any documentation accompanying this Agreement on one
computer. No other rights are granted. The Software is in use if it is
loaded on the computer's permanent or temporary memory. For backup
purposes only, you may make one copy of the Software. You must include
on the backup copy all copyright and other notices included on the
Software as supplied by the Vendor. Installation on a network server
for the sole purpose of your internal distribution of the Software is
permitted only if you have purchased an individual Software license for
each networked computer to which the Software is distributed.
2.Restrictions. The Software may contain copyrighted material, trade
secrets, and other proprietary materials of the Vendor and its
licensors. You agree that in order to protect those proprietary
materials, except as expressly permitted by applicable law, neither you
nor a third party acting on your behalf will:
(I) decompile, disassemble or reverse engineer the Software;
(II) modify or create derivative works of the Software;
(III) transmit the Software, in whole or in part, over the Internet or
other network; or
(IV) sell, distribute, rent, lease, sublicense or otherwise transfer
the Software to a third party.
Parts of the software may work with distributed network technologies
(P2P, peer-to-peer). This technology uses dynamically created network
connections between server and client peers where it is unpredictable
which peers connect to which server or which other peer.
You agree that because of the working priciple of such distributed
network technologies
(I) it is technically impossible to protect the data that are sent
into that network by authentication mechanisms,
(II) it is technically impossible to predict which data are sent to
which members of the network
(III) it is technically impossible to hide specific data from parts of
the network
(IV) it is technically impossible to in any way restrict the usage of
the data that are sent to this distributed network
(V) the vendor of the software is not responsible for the data and
their use by members of the distributed network
(VI) the vendor of the software is not responsible for the kind of
data, their legality and copyright also if these data are sent
over and managed by a central server that controls the peers
of such a network
(VII) the vendor in no case is responsible for copyright violations
also if they are done by using the distributed network
technology provided by this software
3.Ownership. The Software is licensed, not sold, to you for use only
under the terms and conditions of this Agreement, and the Vendor
reserves all rights not expressly granted to you in this Agreement.
The Vendor and/or its licensors retain title to the Software, and all
intellectual property rights therein.
4.Termination. This Agreement is effective until terminated. Upon any
violation of any of the provisions of this Agreement, rights to use the
Software shall automatically terminate and the Software must be returned
to the Vendor or all copies of the Software destroyed. You may also
terminate this Agreement at any time by destroying all copies of the
Software in your possession or control. If the Vendor makes a request
via public announcement or press release to stop using the copies of the
Software, you will comply immediately with this request. The provisions
of paragraphs 3, 7, 8 and 12 will survive any termination of this
Agreement.
5.Warranty. The parties agree that it is not possible to develop computer
programs in a way that they are without faults in all applications. The
Vendor shall make available instructions for the use of the software,
which shall describe the contractual use and the conditions for using
the Software. Precondition for any warranty claim of the client is the
clients full compliance with all requirements regarding inspection and
objection provided for in Sec. 377 HGB (German Commercial Code).
The Vendor provides the Software to the client "as is"
and without assurances of any kind. In case of severe defaults regarding
the contractual use, the Vendor shall be entitled and obligated to
recondition the software but only as far this is implied with reasonable
expenses. In case the Vendor either fails to recondition such severe
defaults or fails to find a solution to enable the contractual use of
the Software within a reasonable period the client is entitled either to
ask for a reasonable reduction of the stipulated payment or to resign or
terminate this software license agreement without prior notice.
The client shall furnish the vendor with verifiable documents on kinds
and existence of defaults of the contractual use and shall support the
Vendor to limit defaults.
This warranty of the software shall not apply in case it has been
damaged by abuse, accident or misuse. In case the client altered the
program or the definition of clear connections became impossible,
warranty is excluded as well as the software are used in excess of the
software license agreement or the service description.
This warranty shall be valid for a period of twelve months as of the
date the client was granted the right to use the full version of the
licensed software according No. 1 of this agreement.
6.Remedies. The Vendors entire liability and your exclusive remedy for
any breach of warranty shall be, at the Vendors option, to:
(a) repair or replace the Software or media, provided that the Software
or media is returned to the point of purchase or such other place as
the Vendor may direct, with a copy of the sales receipt, or
(b) refund the price paid.
Any replacement Software or media will be warranted for the remainder of
the original warranty period or thirty (30) days,whichever is longer.
These remedies are void if failure of the Software or media has resulted
from accident, abuse, or misapplication.
7.DISCLAIMER OF WARRANTY. THE WARRANTIES EXPRESSLY SET FORTH IN THIS
AGREEMENT REPLACE ALL OTHER WARRANTIES. THE VENDOR AND ITS SUPPLIERS
EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO THE
SOFTWARE OR MEDIA, AND ANY WARRANTIES OF NON-INTERFERENCE OR ACCURACY OF
INFORMATIONAL CONTENT. NO DEALER, AGENT, OR EMPLOYEE OF THE VENDOR IS
AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS
WARRANTY.
Some jurisdictions do not allow limitations on how long an implied warranty
lasts, so the above limitation may not apply to you.
8.LIMITATION OF LIABILITY. IN NO EVENT WILL THE VENDOR OR ITS SUPPLIERS BE
LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES,
LOST PROFITS, LOSS OF INFORMATION OR DATA, OR ANY OTHER SPECIAL, INDIRECT,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING IN ANY WAY OUT OF THE SALE OF,
USE OF, OR INABILITY TO USE ANY VENDORS PRODUCT OR SERVICE, EVEN IF
THE VENDOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
CASE SHALL THE VENDOR ITS SUPPLIERS' TOTAL LIABILITY EXCEED THE
ACTUAL MONEY PAID FOR THE VENDORS PRODUCT OR SERVICE GIVING RISE TO
THE LIABILITY. Some jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, so the above limitation or
exclusion may not apply to you. The above limitations will not apply in
case of personal injury where and to the extent that applicable law
requires such liability.
9.Export Law Assurances. You agree and certify that neither the Software
nor any other technical data received from the Vendor will be exported
outside the Federal Republic of Germany except as authorized and as
permitted by the laws and regulations of the Federal Republic of Germany.
If you have rightfully obtained the software outside of the Federal
Republic of Germany, you agree that you will not re-export the Software
nor any other technical data received from the Vendor, except as
permitted by the laws and regulations of the Federal Republic of Germany
and the laws and regulations of the jurisdiction in which you obtained
the Software.
10.Agents and Third Party Purchasers. If you are acquiring the Software on
behalf of another person or entity, you represent and warrant that you
have the authority to bind the party or entity for which you are
acquiring the Software to the terms and conditions of this Agreement.
11.General Terms and Conditions. This Agreement will be governed by and
construed in accordance with the laws of the Federal Republic of Germany,
without regard to or application of its choice of law rules or principles.
If for any reason a court of competent jurisdiction finds any provision of
this Agreement, or portion thereof, to be unenforceable, that provision of
the Agreement shall be enforced to the maximum extent permissible so as to
affect the intent of the parties, and the remainder of this Agreement
shall continue in full force and effect.
This Agreement constitutes the entire agreement between the parties with
respect to the use of the Software and supersedes all prior or
contemporaneous understandings, communications or agreements, written or
oral, regarding such subject matter. The Vendor may, in its sole
discretion, modify portions of this Agreement at any time. The Vendor
may notify you of any changes by posting notice of such modifications on
the Vendors web site(s) or sending notice via e-mail, postal mail or
other means. Your continued use of the Software following notice of such
modifications shall be deemed to be your acceptance of any such
modifications to the Agreement. If you do not agree to any such
modifications, you must immediately stop using the Software and destroy
all copies of the Software in your possession or control.
12.The Software is protected by Federal Republic of Germany copyright law
and international treaty. Unauthorized reproduction or distribution of
the Software is subject to civil and criminal penalties.
NOTICE SPECIFIC TO INFORMATION AVAILABLE ON THE WEBSITE OF THE VENDOR:
The information provided is for informational purposes only and is subject to
change without notice. It is provided "AS IS" and without any warranty. Any
risk arising out of the use of the information on this website shall remain
with the reader. IN NO EVENT SHALL THE VENDOR BE LIABLE FOR ANY
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION), ARISING OUT
OF OR IN CONNECTION WITH THE AVAILABILITY, PERFORMANCE OR USE OF THE
INFORMATION CONTAINED ON THIS WEBSITE, EVEN IF THE VENDOR HAS BEEN ADVISED
OF THE POSSIBILITIES OF SUCH DAMAGES.
LINKS TO OTHER WEB SITES
Links to other web sites are available on the Vendors web site and
these links allow you to leave the Vendors web site. The linked
sites are not under the control of the Vendor, the Vendor is
not responsible for the contents of any linked site or links within a linked
site. These links are provided as a convenience only and do not imply any
endorsement or recommendation by the Vendor.
|
|
