User License Agreement
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
"Software" means (a) all of the contents of the files or other media with which this Agreement is provided (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by SHAPE Services (collectively, "Updates").
"Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
“Licensee” means You or Your Company, unless otherwise indicated.
"Licensor" means SHAPE Services.
- SOFTWARE LICENSE
As long as you comply with the terms of this End User License Agreement (the "Agreement"), SHAPE Services grants to you a non-exclusive license to Use the Software for the purposes described in the Product Description on one device only.
- INTELLECTUAL PROPERTY RIGHTS
The Software and any copies that you are authorized by SHAPE Services are the intellectual property of and are owned by SHAPE Services. The structure, organization and code of the Software are the valuable trade secrets and confidential information of SHAPE Services. The Software is protected by copyright, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software.
Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.
- NO WARRANTY
The Software is being delivered to you "AS IS" and SHAPE Services makes no warranty as to its use or performance. SHAPE Services DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, SHAPE Services MAKES NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
- BETA PRODUCT ADDITIONAL TERMS
If the product you have received with this license is pre-commercial release or beta Software ("Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from SHAPE Services, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you "AS-IS", and SHAPE Services disclaims any warranty or liability obligations to you of any kind. You acknowledge that SHAPE Services has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, that SHAPE Services has no express or implied obligation to you to announce or introduce the Pre-release Software and that SHAPE Services may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Agreement, if requested by SHAPE Services, you will provide feedback to SHAPE Services regarding testing and use of the Pre-release Software, including error or bug reports. You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the Pre-release Software.
- LIMITATION OF LIABILITY
IN NO EVENT WILL SHAPE Services BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF SHAPE Services REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SHAPE SERVICES' AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits SHAPE Services' liability to you in the event of death or personal injury resulting from SHAPE Services' negligence or for the tort of deceit (fraud).
- GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of Germany.
- GENERAL PROVISIONS
This Agreement may only be modified by a writing signed by an authorized officer of SHAPE Services. Updates may be licensed to you by SHAPE Services with additional or different terms. This is the entire agreement between SHAPE Services and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.