nessMediaCenter software LICENSE AGREEMENT of FINESS Software UG (with limited liability)
(FINESS Software UG in the document called Finess)
Single Use License
Please read this software license agreement ("License") carefully before using the nessMediaCenter software. By using the nessMediaCenter, you are agreeing to be bound by the terms of this license. If you do not agree to the terms of this license, do not use the software. If you do not agree to the terms of the license, you may return the nessMediaCenter software to the place where you obtained it for a refund. If the nessMediaCenter software was accessed electronically, click "disagree/decline".
IMPORTANT NOTE: The nessMediaCenter software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
Documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "nessMediaCenter software") are licensed, not sold, to you by Finess for use only under the terms of this License, and Finess reserves all rights not expressly granted to you. The rights granted herein are limited to Finess and its licensors' intellectual property rights in the nessMediaCenter software and do not include any other patents or intellectual property rights. You own the media on which the nessMediaCenter software is recorded but Finess and/or Finess licensor(s) retain ownership of the nessMediaCenter software itself. The terms of this License will govern any software upgrades provided by Finess that replace and/or supplement the original nessMediaCenter software product; unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions
A. Demo Version (Trial License)
If you are using the demo version of the nessMediaCenter software, this License allows you to install and use the nessMediaCenter software on a single computer for the sole purpose of evaluating the nessMediaCenter software. The demo version of the nessMediaCenter software expires after thirty minutes and can be started again for another thirty minutes.
B. Single User License
This License allows you to install and use one copy of the nessMediaCenter software on the Apple computer that is registered by his MAC address via the registration process. You may use the nessMediaCenter software on the Apple computer that is bonded by his registration number with the nessMediaCenter software.
C. Usage of the nessMediaCenter software
The nessMediaCenter software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. This License does not allow the nessMediaCenter software to exist on more than one computer at a time, and you may not make the nessMediaCenter software available over a network where it could be used by multiple computers at the same time. You may make one copy of the nessMediaCenter software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the nessMediaCenter software or any part thereof. The nessMediaCenter software is not intended for use in the operation of nuclear facilities, aircraft navigation or communication systems, life support machines or other equipment in which the failure of the nessMediaCenter software could lead to death, personal injury, or severe physical or environmental damage.
You may not rent, lease, lend or sublicense the nessMediaCenter software. You may, however, make a one-time permanent transfer of all of your license rights to the nessMediaCenter software to another party, provided that: (a) the transfer must include all of the nessMediaCenter software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the nessMediaCenter software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the nessMediaCenter software reads and agrees to accept the terms and conditions of this License. All components of the nessMediaCenter software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. NFR (Not for Resale) Copies: Notwithstanding other sections of this License, nessMediaCenter software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.
4. Consent to Use of Data
You agree that Finess and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the nessMediaCenter software. Finess may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from Finess if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the nessMediaCenter software and destroy all copies, full or partial, of the nessMediaCenter software.
6. Limited Warranty on Media
Finess warrants the media on which the nessMediaCenter software is recorded and delivered by Finess to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Finess’s option, a refund of the purchase price of the product containing the nessMediaCenter software or replacement of the nessMediaCenter software which is returned to Finess or a Finess authorized representative with a copy of the receipt. This limited warranty and any implied warranties on the media including, but not limited to, the implied warranties merchantability, of satisfactory quality, and of fitness for a particular purpose, are limited in duration to ninety (90) days from the date of original retail purchase. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. The limited warranty set forth herein is the only warranty made to you and is provided in lieu of any other warranties (if any) created by any documentation or packaging this limited warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.
7. Disclaimer of Warranties
You expressly acknowledge and agree that use of the nessMediaCenter software and any related services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. Except for the limited warranty on media set forth above and to the maximum extent permitted by applicable law, the nessMediaCenter software is provides “as is”, with all faults and without warranty of any kind, and Finess and Finess licensors hereby disclaim all warranties and conditions with respect to the nessMediaCenter software, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy of quiet enjoyment, and non-infringement of third party rights. Finess does not warrant against interference with your enjoyment of the nessMediaCenter software, that the functions contained in the nessMediaCenter will meet your requirements, that the operation of the nessMediaCenter software will uninterrupted or error-free, that the nessMediaCenter software will be compatible with third party software, or that defects in the nessMediaCenter software will be corrected. No oral or written information or advice given by Finess or Finess authorized representative shall create a warranty. Should the nessMediaCenter software prove defective, you assume the entire cost of all necessary serving, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
8. Limitation of Liability
To the extent not prohibited by law, in no event shall Finess be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages losses, arising out of or related to your use or inability to use the nessMediaCenter software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Finess has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Finess's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of nineteennintey EURO (€19.90). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Export Control
You may not use or otherwise export or reexport the nessMediaCenter software except as authorized by United States law and the laws of the jurisdiction in which the nessMediaCenter software was obtained. In particular, but without limitation, the nessMediaCenter software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the nessMediaCenter software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
10. Controlling Law and Severability
This software license will be governed by and construed in accordance with the laws of the Federal Republic of Germany, as applied to agreements entered into and to be performed entirely within Germany between German residents. This software license shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision or portion thereof, to be unenforceable, the remainder of this software license shall continue in full force and effect.
11. Complete Agreement
This software license constitutes the entire agreement between the parties with respect to the use of the nessMediaCenter software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Finess. Any translation of this software license is done for local requirements and in the event of a dispute between the German and any non German versions, the German version of this software license shall govern.