FRANZIS GMBH – END USER LICENSE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY:
This End User License Agreement (this “Agreement”) is a legal agreement between
you, an end user individual or a single entity, and FRANZIS GMBH, (“FRANZIS”) and applies to the software that accompanies this EULA („Software“) and to all other FRANZIS products described below („FRANZIS Products“).
- SCOPE OF THIS AGREEMENT
Upon your acceptance of the terms and conditions of the License Agreement, FRANZIS grants you the right to use the Software in the manner provided below. If you do not accept the terms and conditions of the License Agreement, you are to promptly delete each and any copy of the Software from your computer(s).
- LEGALLY BINDING AGREEMENT
By installing, copying, or otherwise using all or any portion of this Software, you agree to be bound by all of the terms and conditions of this agreement. You agree that this agreement is considered to have the same strength as a written negotiated agreement signed by you.
This Software is owned by FRANZIS GMBH and is protected by copyright and other international copyright laws and treaties. Therefore, you must treat this Software like any other copyrighted material, except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
- FRANZIS PRODUCTS
FRANZIS Products consist of the specific FRANZIS Software (and media, if any) and Documentation that you have purchased or licensed and which are listed in or on the package of which this Agreement is a part, on the authorized website from which you downloaded your Software, and/or on the documents provided by the reseller, or other FRANZIS authorized distributor from whom you ordered the FRANZIS Products.
- THE SOFTWARE
The Software consists of the software products made generally available by FRANZIS and licensed to you under this Agreement, and may include one or more of the following: HDR projects, SILVER projects, COLOR projects, BLACK & WHITE projects, PHOTO WORKS projects, ANALOG projects, DENOISE projects, FOCUS projects, PhotoBuZZER, and includes any updates, upgrades, modified versions, additions and copies of the Software which may be provided. The Software may include certain third party software licensed to FRANZIS by its suppliers and any upgrades, modified versions, updates, additions and copies thereof.
The Documentation consists of certain written Software documentation provided by FRANZIS and enclosed in the package in printed or electronic format, or otherwise provided to you on the download site.
According to its discretion, FRANZIS may include features in the Software to prevent unlicensed use of the Software. You agree that FRANZIS may do so. In particular, use of the Software may require you to activate the Software through the Internet (this process may be more fully described during the installation set up of the Software).
- LICENSE GRANT
Subject to the terms and conditions of this Agreement, FRANZIS hereby grants to you a non-exclusive, non-transferable, limited license to use the Software and Documentation only for your own personal or internal business purposes. A single license grants you the option of installing the Software on up to two computers used exclusively by a single person. Installing the Software on a network server, is not permitted.
9.1 SINGLE LICENSE
A single license is tied to one user. The software may be installed on other computers and even computers with different operating systems provided the user is the same on both computers. One license is valid on both Windows and Mac versions.
9.2. MULTI-USER LICENSE
A multi-user license grants you the option to install the Software on as many machines as licenses were bought, but no more, or you may choose to install the Software on one or more network servers on the condition that the number of client machines that have access to that server or those servers, is equal to or less than the number of licenses bought. When the number of client machines grows, you must buy additional licenses.
- LICENSE RESTRICTIONS
Except as otherwise expressly permitted in this Agreement, you may not: (a) reproduce or copy any of the Software; (b) modify or create any derivative works of the Software, including translation or localization; (c) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software; (d) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; (e) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software; (f) without FRANZIS’ prior written consent (which may be given or withheld in FRANZIS sole discretion) either (i) provide service bureau services using the Software, or (ii) otherwise enter into an agreement with a third party to use the Software on such third party’s behalf for the primary purpose of obviating the third party’s need to license the Software itself; or (g) copy the printed materials accompanying the Software. Any changes to, modifications to, or derivative works of the Software shall become the exclusive property of FRANZIS.
- ADDITINAL NOTICE
Furthermore, you must not attempt to reverse, compile, modify, translate or disassemble the Software in whole or in part. You must not run the Software under a debugger or similar tool allowing you to inspect the inner workings of the Software. FRANZIS reserves the right to revoke your license if you violate any or all aspects mentioned above.
- TECHNICAL SUPPORT
Technical support is available directly from FRANZIS at no additional charge. When encountering problems, you must first read the documentation included with the Software and then visit the website www.projects-software.com and read the information presented there to make sure the question or problem is not already answered there. If not, you may write to technical support email address with the question.
- LIMITATION OF WARRANTIES
FRANZIS does not warrant that the functions contained in the Software and the FRANZIS Products will meet your requirements or that the operation of the Software and FRANZIS Products will be uninterrupted or error free.
Except as expressly provided above, the FRANZIS Products are provided on an “as is” Basis. To the maximum extent permitted by applicable law, FRANZIS and its suppliers and distributors disclaim all other warranties, either expressed or implied, (including, without limitation, any implied warranties of merchantability or fitness for a particular purpose or non-infringement).
While the Software has been developed with great care, it is not possible to warrant that the Software is error free. The Software is not designed or intended to be used in any activity that may cause personal injury, death or any other severe damage or loss.
- EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
To the maximum extent permitted by applicable law, in no event shall FRANZIS or its suppliers be liable for any special, incidental, indirect, punitive or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of FRANZIS or any supplier, and even if FRANZIS or any supplier has been advised of the possibility of such damages.
- ENTIRE AGREEMENT
This Agreement (including any addendum or amendment) is the entire Agreement between you and FRANZIS relating to the Software and the Support Services (if any).
- APPLICABLE LAW
If you acquired the Software in the United States, this Agreement is governed by the laws of the State of New York. If you acquired the Software in Germany, the laws of the Federal Republic of German shall apply. If you acquired the Software in another country of the European Union or Switzerland, the local law applies.
© 2020 Franzis GmbH