CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS INCLUDING THE EXPORT COMPLIANCE REQUIREMENTS. BY DOWNLOADING ANY FILES FROM EURONAS, YOU AGREE TO BE BOUND BY THESE TERMS, CONDITIONS, AND REQUIREMENTS. IF YOU DO NOT AGREE TO THESE TERMS, CONDITIONS, AND REQUIREMENTS, DO NOT DOWNLOAD ANY FILES. HOWEVER, THESE TERMS, CONDITIONS, AND REQUIREMENTS DO NOT APPLY TO ANY OPEN SOURCE SOFTWARE, WHICH MAY BE DELIVERED TOGETHER WITH THE EURONAS PRODUCTS, EXCEPT FOR THE PROVISIONS SET FORTH IN SECTION 8 BELOW.
This license grants you a non-exclusive license to use the euroNAS Software and related documentation (“Software”) on the following terms, conditions, and export compliance requirements.
1. Restrictions
You may not distribute copies of the Software in any manner, including, but not limited to, distribution through web site postings or links to the euroNAS web site. The Software contains trade secrets and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human perceivable form. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
2. Ownership
The Software is copyrighted by, proprietary to and a trade secret of euroNAS or its licensors. euroNAS or its licensors retains the title, ownership and intellectual property rights in and to the Software and all subsequent copies regardless of the form or media. The Software is protected by the copyright laws of the United States and international copyright treaties. This license is not a sale of the Software.
3. Termination
This license is effective until terminated. This license will terminate automatically without notice if you fail to comply with any of the provisions. Upon termination you shall destroy all copies of the Software including any partial copies.
4. Disclaimer of Warranty
YOU ACCEPT ALL RISKS WHICH MAY ARISE FROM THE DOWNLOADING OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ERRORS IN TRANSMISSION OR CORRUPTION OF EXISTING DATA OR SOFTWARE. EURONAS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties or limitations of how long an implied warranty may last, so the above exclusion may not apply to you. You may also have other rights which vary from state to state.
5. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL EURONAS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF EURONAS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Product activation
The software may include product activation and other technology designed to prevent unauthorized use and copying.
7. Export
By downloading, you acknowledge that the laws and regulations of the United States restrict the export and re-export of the Software and/or the Open Source Software. Further, you agree that you will not export or re-export the Software and/or the Open Source Software or media in any form without the appropriate United States and foreign government approval. (See below for details on Export Compliance Requirements.)
8. Open Source Software
Certain programs distributed in conjunction with the Software are distributed subject to third party licensing terms, including without limitation, the GNU General Public License available at: http://www.gnu.org/licenses/gpl.txt or by writing to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA. The source code for these programs is available to You, for a period of three (3) years from the date of first commercial distribution of the Software, upon request by contacting euroNAS GmbH in writing at Ettaler Str. 3, 82166 Gräfelfing/Munich, Germany. euroNAS will only charge you the actual cost of the medium used to distribute the source code for these programs and the cost of shipping.
9. General
You agree this is the complete agreement concerning this license. In order to amend this license, a writing executed by both parties is required. You assume full responsibility for the legal and responsible use of the Software. Should any provision of this license be declared unenforceable in any jurisdiction, then such provision shall be deemed to be severable from this license and shall not affect the remainder hereof. All rights in the Software not specifically granted in this license are reserved by euroNAS.
EXPORT COMPLIANCE REQUIREMENTS
Export of any information from the euroNAS web site (including Confidential Information obtained through euroNAS Access) outside of the United States is subject to all U.S. export control laws. You will abide by such laws and also to the provision of the U.S. Export-Re-export Requirements and Enhanced Proliferation Control Initiative set forth here. You and your organization will not sell, license, or otherwise provide or ship euroNAS products or technical data (or the direct product thereof) for export or re-export to the embargoed or restricted* countries listed below:
Afghanistan (Taliban controlled area), Cuba, Iran, Iraq, North Korea*, Sudan, and Syria*
You agree not to transfer, export or re-export euroNAS products, technology or software to your customers or any intermediate entity in the chain of supply if our products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses without obtaining prior authorization from the U.S. or German Government.
If you have any questions concerning this software licence you can contact us via sales@euronas.com