IMPORTANT: THE FOLLOWING SOFTWARE AGREEMENTS APPLY TO ANY DOWNLOAD, INSTALLATION, OR USE OF AMAGNO SOFTWARE.
This software agreement (“agreement”) is made between you as licensee (henceforth “licensee”) (either as an individual or a corporation), and the owners of AMAGNO software (the “licensor”). This constitutes the entire agreement between the licensor and licensee concerning the software. This agreement supersedes all prior representations, discussions, undertakings, licensee agreements, communications, or announcements concerning the software.
This agreement grants the licensee the right to use AMAGNO software products made available on CD-ROM, as email attachments, downloaded from websites or servers, and in any other form, subject to the conditions named below . This agreement shall serve to grant certain rights to the licensee but does not constitute a sales contract. The licensor retains ownership of all software and all physical media delivered to the licensee and other copies that said licensee may produce pursuant to this agreement.
Please read this agreement carefully before downloading, installing, or using the software. By installing or using the software, licensee agrees to the terms of this agreement. Should the licensee disagree with any provision of this agreement, the licensee agrees to cancel any download or installation or discontinue any other use and destroy the software and related documentation or return the software and documentation to the licensor. BY USING THE SOFTWARE THE LICENSEE DECLARES TO HAVE READ AND UNDERSTOOD THIS SOFTWARE AGREEMENT AND AGREEMENT WITH ALL PROVISIONS THEREIN.
In this agreement, the term “software” shall mean: (I) the above mentioned software product; (II) the entire contents of all downloads, CD-ROMs, or other media, e-mail and its attachments, or any other media that the licensee shall be provided in connection with this agreement, including any existing software programming code included on a CD-ROM, via e-mail, or download from websites; (III) digital images and other artistic works (“archive files”); (IV) any upgrades, modified versions, and updates to the software provided to the licensee by the licensor under this agreement.
LICENSE AND USE
The licensor grants licensee a non-exclusive, non-transferable license to install the software on the local hard drive(s) or other permanent storage media on a server-PC as stated in the license and to use the software on other PCs or client machines.
Other obligations and limitations:
(a) The licensee is not entitled unless expressly permitted in these conditions to use, modify, translate, or copy the software, and/or to transfer the rights to use or copy the software.
(b) The licensee is not entitled to resell the software, to grant sub-licenses of the software, or to rent, lease, or lend the software.
(c) The licensee shall not reverse engineer the software, disassemble, decompile, or otherwise attempt to discover the source code of the software or create derivative works based on the software. AMAGNO may include components subject to different open licensing systems (GPL, GNU, etc.). For these components the respective license agreements and rights apply.
(d) Files may not be used for the production of libelous, defamatory, fraudulent, infringing, lewd, obscene, or pornographic material or any other illegal purpose. The licensee is not entitled to register or claim rights to the files or derivative works.
(e) The licensee agrees to use the software exclusively in accordance with all applicable laws and regulations of licensee’s local jurisdiction. This includes, but is not limited to, all applicable restrictions laid down by copyright laws and other relevant intellectual property laws.
(f) The licensee agrees that the licensor of the AMAGNO BUSINESS CLOUD version may expand or reduce the storage space currently provided at no charge without prior consent of the licensee. The availability of free data storage space is a voluntary, non-binding option currently made available by the licensor.
(g) The licensee agrees that AMAGNO is entitled to delete licensee’s account and data from the AMAGNO BUSINESS CLOUD version after three months of inactivity (failure to login) and after having sent two reminder emails to the registered email address. This shall apply immediately should the registered e-mail address be or become invalid.
(h) The licensee is not entitled to use the software for the online control of aircraft, air traffic, flight navigation, air traffic radio, or for the design, engineering, construction, operation, or maintenance of nuclear power plants.
(i) The licensee agrees that, before installation or before an automatic update of the software, the licensee shall perform a backup sufficient to restore licensee’s PC to its status prior to installing or updating AMAGNO.
(j) The licensee agrees that employees of AMAGNO will comply with a court order (and only in this instance) to decode licensee’s content and /or make it available to the authorities.
The software and all rights, including all ownership rights, remain the unreserved property of the licensor and of the copyright holders of software products embedded within AMAGNO. The software is protected by all provisions of international law and all applicable national laws of the country where it is used. The structure, organization, and source code of the software constitute valuable trade secrets and confidential information owned by the licensor and / or its licensors. With the exception of the cases set out in “License and Use” above, the licensee is not entitled to copy the software. All copies permitted under this agreement must contain the same copyright and other proprietary notices that the software itself contains. “AMAGNO” and the AMAGNO logo are registered trademarks. AMAGNO includes other software components from third parties, whose content may be subject to copyright and other proprietary rights.
DURATION AND TERMINATION
This agreement shall commence on the date the licensee first installs the software. The licensee is entitled to terminate this agreement at any time by permanently deleting, destroying, or returning at his own cost the software, all backup copies, and all related materials provided by the licensor. The rights accorded by this license shall be terminated by the licensor automatically and immediately without notice should the licensee fail to comply with the provisions specified herein. In such instance, the licensee is obliged to permanently delete, destroy, or return at his own cost to the licensor the software, all backup copies, and all related materials provided by the licensor.
LICENSEE AGREES THAT THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED AND, TO THE EXTENT PERMITTED BY LAW, NEITHER THE LICENSOR NOR ITS LICENSORS NOR THE COPYRIGHT HOLDERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF USABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, OR THAT THE SOFTWARE DOES NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER RIGHTS OF THIRD PARTIES. NO WARRANTY IS MADE BY THE LICENSOR OR A THIRD PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE’S PARTICULAR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. LICENSEE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE LICENSEE’S INTENDED RESULTS AND FOR THE INSTALLATION AND USE OF THE SOFTWARE AND THE RESULTS OBTAINED BY ITS USE.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, THE LICENSOR, ITS EMPLOYEES, OR LICENSORS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR REVENUES, LOST DATA, OR COSTS TO ACQUIRE SUBSTITUTE GOODS OR MERCHANDISE, DAMAGE TO PROPERTY, PERSONAL INJURY, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER SPECIAL, DIRECT, INDIRECT, ACCIDENTAL, FINANCIAL, OR COVERED INSURANCE DAMAGES, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED TO LICENSEE AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LIABILITY ARISING FROM THE USE OF OR FROM THE INABILITY TO USE THE SOFTWARE, EVEN IF THE LICENSOR OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR STATES / JURISDICTIONS NOT ALLOWING THE EXCLUSION OF LIABILITY ALBEIT ALLOWING THE LIMITATION OF LIABILITY, THE LICENSOR, ITS EMPLOYEES, OR ITS LICENSORS SHALL BE LIABLE UP TO AN AMOUNT OF FIFTY (50) EUROS.
AMAGNO consists of in-house development and third-party components. The sale of AMAGNO solutions / licenses and the functions and features are portrayed in a non-binding fashion by marketing are partially dependent on third-parties. AMAGNO can and must reserve the right to modify features and functionality and change components from other vendors. AMAGNO shall not be liable should a change of third-party components result in a reduction in performance or functionality.
No provisions in this agreement shall conflict with statutory provisions regarding the rights of the customer. No provisions in this agreement shall limit the liability of the licensor towards the licensee in the event of death or personal injury attributable to negligence on the part of the licensor. The licensor shall act on behalf of its employees and licensors in pursuance elimination and / or restriction of obligations, warranties, and liabilities, as provided in the section “Limitation of Liability,” albeit in no other respects and for no other purposes.
Special caution shall be exercised when executing unknown content as well as when opening and executing e-mail attachments from within the software. The use of the software does not relieve the licensee from using anti-virus software and other products which protect the licensee against malicious software. The licensor shall not be liable for any damages or claims arising from malicious software (viruses, worms, Trojan horses, etc.) stored and executed in the software, on the server, or on the client PC.
Unless agreed in writing between the licensor and the licensee, the licensor assumes no obligation to provide technical support.
The software, including all technical documents, comprises encryption software subject to U.S. export restrictions (U.S. Export Administration Regulations “EAR”) and potentially import or export controls of other countries. The EAR prohibits the use of software and technical documents by a user who belongs to a government agency, as defined hereafter, without express authorization from the U.S. government. A user who belongs to a government agency is defined in Section 722 of the EAR as “the employee or other agent of any central, regional or local department, agency or other entity performing governmental functions. This also applies to research institutions working under government contract, government corporations, or any other separate business of the Federal Government (as defined in Section 772 of the EAR), who are involved in the manufacture or distribution of products or services subject to the provisions of the Wassenaar agreement regulating weapons exports or to the provisions of other international government agencies. This shall not include: utilities (telecommunications companies and internet service providers, banks and financial institutions, transportation companies, broadcasters and entertainment companies, educational institutions, healthcare organizations, retail and wholesale companies and companies not involved in the production or distribution of products or services subject to the provisions of the Wassenaar agreement on regulations of weapons exports).” The licensee agrees to comply with all applicable import and export restrictions, and the licensee acknowledges that the licensee has the responsibility to obtain all necessary authorizations to export, re-export, transfer, or import the software. The licensee further agrees that the licensee is not a member of a government agency, as defined above, and shall refrain from transferring the software to a user who belongs to a government agency without an explicit and prior authorization
APPLICABLE LAW & GENERAL PROVISIONS
The laws of the Federal Republic of Germany shall be applicable. All disputes arising out of or relating to this software agreement, shall be regulated by a single arbitrator to be appointed by the Chamber of Commerce at the location of the licensor in Germany. The arbitration shall take place there. The proceedings shall be conducted in German. Should any provision of this agreement be or become void and unenforceable, the remaining provisions of this agreement shall remain unaffected. Changes to this agreement shall be in writing and signed by an authorized representative of the licensor. The licensor reserves the right to change the terms of this agreement as needed. In addition, the terms and conditions of the licensor shall apply.
OBLIGATION TO UPDATE
The client software automatically detects and installs new versions of the software whenever the licensee connects via intranet or the internet to an AMAGNO server. To ensure safe AMAGNO operation licensee is obliged to install new updates. The warranty of older versions expires as soon as new versions are released.
SECURITY OF LICENSEE DATA
In principle, all communications between an AMAGNO server and an AMAGNO client for Windows after login are encrypted.
The content licensee stores in AMAGNO is analyzed for search purposes and the results together with other content is stored in read-only format in a central database, which is exclusively accessible to designated personnel. The licensee’s files are stored as compressed and encrypted information. Only designated AMAGNO personnel have access to the encryption and decryption technologies of AMAGNO.
NEWSLETTER & STATISTICS
By confirming the license agreement, licensee agrees that the e-mail addresses and names provided upon creation of the AMAGNO profile can be used for a regular newsletter promoting new products and services of AMAGNO and any of its partners. The licensee can cancel his newsletter subscription beforehand via firstname.lastname@example.org or through the unsubscribe link provided with the first newsletter. For the validity of the license, statistical purposes, and calculation of utilization of servers, processes, and storage capacity, the server administrators shall be able to view all e-mail addresses, names, contacts volume, content volume, and quantity of the associated groups of a user.
All actions regarding this agreement and any return of software and documentation shall be submitted to the following address:
Bloherfelder Straße 130
Fon: +49 (0)441 309 123 00
Fax: +49 (0)441 309 123 99
Email: hello (at) amagno.co.uk
Amtsgericht Oldenburg (Oldb) HRB 206441