SAMwin End User License Agreement (EULA)
END USER LICENSE AGREEMENT FOR SAMwin standard software
This telecommunication software gmbH End User License Agreement is a legally valid contract between you (either a natural or legal person) and telecommunication software gmbh for the SAMwin product referred to above, which includes computer software and any associated media, printed materials and "online" or electronic documentation ('SAMwin'). SAMwin also includes all updates and upgrades of the products originally delivered by telecommunication software gmbh. Any software delivered together with SAMwin, which includes a separate end-user license agreement, is licensed pursuant to the provisions of that separate license agreement. By installing, copying, downloading or using SAMwin otherwise or by accessing it you agree to be bound by the provisions of this EULA. If you do not agree to the provisions of this EULA, you will not be entitled to install or use SAMwin. You may, however, return it to the point of sale from which you bought it, against refund of the purchase price.
SAMwin LICENSE
SAMwin is protected by copyright laws and international copyright contracts as well as by other laws and agreements on intellectual property.
SAMwin is licensed, not sold.
1. LICENSING
This EULA grants you the following rights:
You are entitled to use the SAMwin product licensed for you within the following licensing restraints:
a.) The software may only be used and run by the user (either a natural or legal person) that is clearly indicated in the license information window of the SAMwin software and registered with telecommunication software gmbh with his
- personal or corporate name
- location (address and location identification)
b.) The software may only be used within the functions licensed by telecommunication software gmbh when delivering the product. These functions can also be seen in the license window of the SAMwin software after entering the key code supplied by telecommunication software gmbh.
SAMwin functions not licensed by telecommunication software gmbh may not be used, even if these functions are available in the software. This particularly, but not exclusively, refers to the number of cost units managed (extensions, IP nodes, telephone systems, etc.) and the type of units (type of telephone system, type of switchboard, etc.).
The end user and the software functions licensed for him/her are deemed licensed as soon as the end user's personal data (personal or corporate name, location) and the activated functions have been registered with telecommunication software gmbh. This information appears as available in the license information window as soon as the information supplied by telecommunication software gmbh has been entered on the delivery note and the product and the associated key code in the license information window.
You are entitled to store or install a copy of SAMwin on a storage device, e.g. a network server, if such copy is exclusively used to install and run SAMwin on other COMPUTERS belonging to you via an internal network.
You are obliged to purchase a license for each telephone system, extension or other relevant units for which SAMwin is used.
2. DESCRIPTION OF OTHER RIGHTS AND RESTRAINTS.
Restraints regarding reverse engineering, decompilation and disassembly
You are not entitled to reverse engineer, decompile or disassemble SAMwin, unless and only to the extent expressly permitted under applicable legislation, notwithstanding this restraint.
Lease
You are not entitled to rent, lease or loan SAMwin.
Trademarks
This EULA does not grant you any rights in connection with trademarks or service marks of telecommunication software gmbh.
Support
Telecommunication software gmbh does not offer you any direct support in connection with SAMwin. Support may be provided by the distributor from which you bought SAMwin. It is the responsibility of the trader to offer and perform support.
Software Transfer
The licensed user of SAMwin may not transfer this EULA and SAMwin to a second end user, or for a third party's account or otherwise indirectly.
Termination
Without prejudice to other rights, telecommunication software gmbh is entitled to terminate this EULA if you violate any of its provisions. In such a case, you are obliged to destroy all copies of SAMwin and all its components.
3. UPDATES
If this SAMwin version is an update of another product, you must have the appropriate license for a product that has been named as suitable by telecommunication software gmbh for the update to be able to use SAMwin. A SAMwin that constitutes an update replaces and/or extends the original basic product.
You may only use the new, updated product in accordance with the provisions of this EULA. If SAMwin is an update of a component of a software programme package, which you have licensed as a whole product, you may only use and transfer SAMwin as part of this individual product package, but not separate SAMwin from it.
4. COPYRIGHT
All property rights and intellectual property rights of SAMwin (including, but not limited to images, photographs, animation, video, audio, music, text and applets which are part of SAMwin), the printed support material and every copy of SAMwin shall remain with telecommunication software gmbh or its suppliers.
All property rights and intellectual property rights of content which can be accessed using SAMwin shall be the property of the respective content owner and may be protected by the applicable copyright laws and other laws or agreements on intellectual property. Telecommunication software gmbh reserves all rights not expressly granted.
5. LIMITED WARRANTY
Telecommunication software gmbh warrants natural or legal persons that the software is able to perform the functions described in the product documentation or the system specifications of telecommunication software gmbh for a period of six (6) months, provided it is used according to the recommended hardware and software configuration. Minor deviations from the descriptions in the documentation shall not constitute warranty claims.
This limited warranty shall not apply to tryout versions, product samplers, NFR software or to software which was configured by the user in a way to cause failures. In order to assert warranty claims, the user must return the software and present the purchase invoice to the distributor from which he bought the software within six (6) months. If the software does not have the functions described in the documentation, the end user may claim under these warranty provisions only the exchange of the software, a reduction in license fee or a refund of the license fee paid, at the discretion of telecommunication software gmbh.
6. DISCLAIMER OF WARRANTY
The foregoing limited warranty states the sole warranty claim that may be asserted against telecommunication software gmbh or its suppliers in the case of a breach of warranty. Telecommunication software gmbh and its suppliers do not assume any liability for the performance of the software or the working results achieved when using the software. Telecommunication software gmbh and its suppliers give no express or implied representations or warranties, terms or conditions, arising from a business relationship or commercial usage or inferred from statutory or customary law or other regulations, of the merchantability, non-infringement, integration capacity or usefulness of the product for specific purposes. This does not include the limited warranty referred to above or any warranty, condition or representation that cannot or may not be excluded or restricted by law applicable to you in your jurisdiction.
7. LIMITATION OF LIABILITY
Telecommunication software gmbh is liable for damage incurred by the user under this EULA only to the extent the damage is due to gross negligence on the part of telecommunication software gmbh or its agents.
telecommunication software gmbh assumes liability only up to the amount of damage typically foreseeable and resulting from a negligent infringement of essential contractual obligations by telecommunication software gmbh or its agents, up to a total amount that corresponds to the amount paid for the software.
The foregoing limitations shall apply irrespective of their legal basis, in particular with respect to claims arising from pre-contractual or secondary contractual obligations. These limitations shall, however, not apply in the case of mandatory liability under the Product Liability Act, as amended, or in the case of damage resulting from an infringement of an express representation or obligation to the extent to which this express warranty or obligation was intended to protect the user against the respective damage incurred.
The liability referred to in the second sentence shall not apply in the case of damage resulting from a change in the software by the user, in the case of damage of data carriers due to improper or inappropriate use, and in the case of damage caused by the use of the original software with other software not designed for such use.
8. GENERAL PROVISIONS
Should a part of this EULA turn out to be invalid or unenforceable, the validity and enforceability of the remaining provisions thereof shall not be affected. This EULA shall not affect the statutory rights of a consumer.
This is the entire agreement between the user and telecommunication software gmbh regarding the software. It shall supersede all previous agreements, declarations, meetings, warranties, notifications or advertising in relation to the software.