License and Copyright
END-USER LICENSE AGREEMENT FOR WEBSITEPAINTER
This Agreement is a legal document between you and Ambiera e.U / N.Gebhardt ("Ambiera"). Ambiera is willing to license the software to you as and individual, the company or the legal entity that will be utilizing the software (referenced below as "you" or "your") only on the condition that you accept all of the terms of this end user license agreement ("Agreement"). Read the terms and conditions of this agreement carefully before using the software. If you click the "OK" or "I agree" Button, and by installing or using any part of the Software, you agree to the terms and conditions of this agreement. If you do not agree to these terms and conditions, click on the "No" or "Cancel" button, then you are not licensed to use the software and use must uninstall or destroy all copies of it.
The software is the property of Ambiera and is protected by the copyright law. The software is licensed and not sold. The software is owned by Ambiera. Ambiera retains all rights, including all copyrights and intellectual property rights in and to the software, its documentation, title, logos, data files and all copies thereof. All rights not explicitly granted to you in this license are reserved by the Ambiera.
Upon your acceptance of this software license agreement Ambiera grants you a non-exclusive, non-transferable, limited license to install and use a copy of the software on your computer, up to the permitted number of computers. As between you and Ambiera, files, applications, generated program code and flash files that are authored or created by you via your utilization of the Software, in accordance with the terms of this software license agreement, are your property.
You may not transfer, sublicense, network, loan, lend, lease, distribute, rent, modify, translate, disassemble, decompile, reverse engineer, translate the software into another computer language, otherwise reduce the software to human perceivable form, create derivative works based upon the software other than as otherwise provided herein, or copy or use the Software and/or the Software documentation in violation of this Agreement.
License Key, Evaluation / Demo
You may use and install the software on your computer for a 30 day trial period prior to your purchase. The software has a time-out feature and will cease operation after the conclusion of the designated evaluation period. Upon such expiration date, your license will expire unless otherwise extended. You can purchase a license key code wich will enable you to activate the software beyond the initial evaluation period. You may not re-license, sell, reproduce or distribute any key code except with the express written permission of Ambiera.
Disclaimer of Warranty
THE SOFTWARE IS PROVIDED BY AMBIERA ''AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL AMBIERA OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED, BUT IT MAY BE LIMITED, AMBIERA?S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF TEN DOLLARS (USD $10) IN TOTAL.
Furthermore, you acknowledge that you were able to test and use the demo version of the Software freely for a limited amount of time before purchasing a full license. You are thus conscious of the exact functionality provided by the software and will not claim any missing or wrongly advertised functionality by Ambiera.
This software may contain an automatic online update checking and registration feature through which the software connects itself with Ambiera, on Ambiera's servers. The software may automatically connect and register itself with Ambiera when there is an internet connection. This process may be done entirely in the background and no dialogs or other data is displayed on your computer screen during this process. Only information concerning the identity of the user, his computer and informations about the installed software and used software license is collected for this process.
If you fail to comply with the terms and conditions of this license, Ambiera will terminate the License agreement and you immediately have to delete all copies of the Software.
This license does not include support services, although Ambiera can decide to offer you prioritized support via email. Repeated voluntary provision of support services by Ambiera does not constitute a claim for future provision of support services for you.
Jurisdiction and Choice of Law
Insofar as not otherwise agreed, this Agreement shall be governed exclusively by Austrian law. Austrian law shall also be applied in case of you being located outside of Austria. You expressly agree that exclusive jurisdiction for any claim or dispute with Ambiera linked in any way to your use of the Software and/or Documentation resides in the competent court in the town of Vienna, Austria.
Should individual terms of this agreement be or become inoperative, this will not affect the remaining terms of this agreement. Ambiera and you will work in a spirit of partnership to find an arrangement that approximates the inoperative terms as closely as possible.
Copyright © by Ambiera e.U.