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________________________________________________________________________
EGENIX.COM PUBLIC LICENSE AGREEMENT VERSION 1.1.0
________________________________________________________________________
1. Introduction
This "License Agreement" is between eGenix.com Software, Skills
and Services GmbH ("eGenix.com"), having an office at
Pastor-Loeh-Str. 48, D-40764 Langenfeld, Germany, and the
Individual or Organization ("Licensee") accessing and otherwise
using this software in source or binary form and its associated
documentation ("the Software").
2. License
Subject to the terms and conditions of this eGenix.com Public
License Agreement, eGenix.com hereby grants Licensee a
non-exclusive, royalty-free, world-wide license to reproduce,
analyze, test, perform and/or display publicly, prepare derivative
works, distribute, and otherwise use the Software alone or in any
derivative version, provided, however, that the eGenix.com Public
License Agreement is retained in the Software, or in any
derivative version of the Software prepared by Licensee.
3. NO WARRANTY
eGenix.com is making the Software available to Licensee on an "AS
IS" basis. SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE
EXCLUDED, EGENIX.COM MAKES NO REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION,
EGENIX.COM MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY
OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT
THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
4. LIMITATION OF LIABILITY
EGENIX.COM SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF
THE SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
OR LOSS (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR OTHER PECUNIARY LOSS) AS A RESULT OF USING,
MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF,
EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR
LIMITATION MAY NOT APPLY TO LICENSEE.
5. Termination
This License Agreement will automatically terminate upon a
material breach of its terms and conditions.
6. Third Party Rights
Any software or documentation in source or binary form provided
along with the Software that is associated with a separate license
agreement is licensed to Licensee under the terms of that license
agreement. This License Agreement does not apply to those portions
of the Software. Copies of the third party licenses are included
in the Software Distribution.
7. General
Nothing in this License Agreement affects any statutory rights of
consumers that cannot be waived or limited by contract.
Nothing in this License Agreement shall be deemed to create any
relationship of agency, partnership, or joint venture between
eGenix.com and Licensee.
If any provision of this License Agreement shall be unlawful,
void, or for any reason unenforceable, such provision shall be
modified to the extent necessary to render it enforceable without
losing its intent, or, if no such modification is possible, be
severed from this License Agreement and shall not affect the
validity and enforceability of the remaining provisions of this
License Agreement.
This License Agreement shall be governed by and interpreted in all
respects by the law of Germany, excluding conflict of law
provisions. It shall not be governed by the United Nations
Convention on Contracts for International Sale of Goods.
This License Agreement does not grant permission to use eGenix.com
trademarks or trade names in a trademark sense to endorse or
promote products or services of Licensee, or any third party.
The controlling language of this License Agreement is English. If
Licensee has received a translation into another language, it has
been provided for Licensee's convenience only.
8. Agreement
By downloading, copying, installing or otherwise using the
Software, Licensee agrees to be bound by the terms and conditions
of this License Agreement.
For question regarding this License Agreement, please write to:
eGenix.com Software, Skills and Services GmbH
Pastor-Loeh-Str. 48
D-40764 Langenfeld
Germany
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