End User License Agreement (EULA) of aquila biolabs GmbH – Trial Versions
1. Scope of these License Terms
1.1 This end user license agreement (“EULA”) governs the legal relationship between aquila biolabs GmbH (“aquila biolabs”), Arnold-Sommerfeld-Ring 2, 52499 Baesweiler, Germany, Amtsgericht Aachen HRB 19240, and each licensee (“Licensee”).
1.2 Licensee acquires from aquila biolabs the temporary right to use the software specified in Appendix 1 including the data stock contained therein (hereinafter the “Software”) as well as the associated application documentation (in printed or electronic form) as set out in Appendix 1 (hereinafter the “Application Documentation”) in the language specified therein (collectively, the “Contract Items”) subject to the license terms agreed as follows.
1.3. The source code of the Software is not part of or included in the Contract Items.
1.4. The properties of the Software delivered by aquila biolabs are defined exclusively in the software specification made available to the Licensee prior to entering into the EULA. aquila biolabs does not owe any additional properties of the Software. In particular no such an obligation can be derived from representations of the Software in public statements or in the advertising of aquila biolabs, of its employees or of its partners, unless aquila biolabs has explicitly confirmed such further properties in writing.
1.5. To the extent that employees of aquila biolabs issue guarantees prior to conclusion of this EULA, these guarantees shall only be valid if confirmed by the management of aquila biolabs in writing.
2. Scope of Use
2.1 aquila biolabs grants Licensee a non-exclusive, simple right, unlimited by time, to use the Contract Items exclusively with the hardware provided by aquila biolabs in single and multi-user environments.
UNLESS OTHERWISE AGREED BETWEEN AQUILA BIOLABS AND LICENSEE, THE LICENSE TERM SHALL BE LIMITED TO 30 DAYS. UNLESS OTHERWISE AGREED, THE TERM CAN ONLY BE EXTENDED BY EXPLICIT AND WRITTEN AGREEMENT BETWEEN THE PARTIES.
2.2. Licensee may only use the Software for its own business purposes. Permissible business purposes shall also include the use for public research and for publications at universities. Any other uses are permitted only after obtaining prior written consent from aquila biolabs. Other uses include in particular
2.2.1. operation of data centers for third parties or
2.2.2. permanently or temporarily making the Software available (e.g. as application service providing or as download) for third parties
2.2.3. use of the Software for the training of persons that are not employees of the Licensee.
Commercial subletting is not permitted.
2.3. Making copies of the Software is only permitted to the extent that this is necessary for the contractually permitted use. Licensee may create a backup-copy of the Software in accordance with the rules of the art to the extent necessary. Backup-copies on removable storage media are to be labeled as “back-up copies” and marked with the copyright notice of the original storage medium.
2.4. Licensee may only modify, extend or otherwise edit the Software in accordance to Section 69c no. 2 of the German Copyright Act, to the extent that this is explicitly permitted by mandatory statutory provisions. Licensee or a third party may not attempt to rectify faults of the Software before granting aquila biolabs two attempts to fix the fault. The Licensee shall not acquire any rights for use or exploitation of such modifications other than the rights granted under this EULA. aquila biolabs may however offer Licensee an exclusive or non-exclusive right of use with the right to sublicense for an adequate fee.
2.5. Licensee shall be entitled to decompile the Software only if explicitly permitted within the limits stipulated in Section 69e of the German Copyright Act and only if aquila biolabs has failed to provide the necessary data and/or information required for ensuring interoperability with other hardware and software within an appropriate period following written notification.
2.6. If for the purpose of rectifications or maintenance aquila biolabs provides Licensee with supplements (e.g. patches, supplements to the operating manual) or a new edition of the Contract Items (e.g. update, upgrade), which replace the originally provided Contract Items, they shall be subject to the provisions of this EULA.
2.7. Licensee may only use the Software in a manner that exceeds the rights of use granted hereunder after obtaining aquila biolabs prior written consent.
3. Installation, Training
3.1. With regard to the installation of the Software aquila biolabs refers to the installation instructions set out in the application documentation, in particular the hardware and software environment required by Licensee. Upon Licensee’s request aquila biolabs may perform the installation of the Software subject to a separate agreement.
3.2. aquila biolabs offers briefings and trainings on the basis of separate agreements.
4. Protection of Software and Application Documentation
4.1. Unless a right has been explicitly granted to Licensee under this EULA, all rights to the Contractual Items (and all backup-copies made by Licensee) – in particular the copyright, the right to or in inventions, and technical intellectual property rights – shall remain exclusively with aquila biolabs. This shall also apply to any revision or updates/upgrades of the Contract Items by aquila biolabs. This shall not however affect in any way Licensee’s ownership of any storage devices on which backup copies were made.
4.2. Licensee shall carefully store the Contract Items in a safe place to prevent abuse. Licensee may only make Contract Items (in their original or modified state) available to third parties after obtaining aquila biolabs’ prior written consent. Licensee’s employees and other persons who are present at the Licensee’s premises for the contractually compliant use of the Contract Items are not deemed to be third parties.
4.3. Licensee is not permitted to modify or remove copyright marks, labels and/or control numbers or control marks of aquila biolabs. In case Licensee is granted the right to modify or amend the Contract Items under this EULA, copyright notices and labels must be maintained in the revised version of the Contract Items.
4.4 If Licensee (i) passes data storage devices, memory or other hardware, on which Contract Items are saved (in whole or in part, in their original or modified state), on to any third party, or (ii) gives up the immediate possession of such devices, Licensee must ensure that all stored Contract Items are deleted completely and permanently prior to doing so.
5. Sale of Contract Items
Licensee shall not pass on Contract Items to a third without aquila biolabs’ prior written consent. Licensee may not temporarily or partially permit or make available Contract Items for use by any third party, regardless of whether Contract Items are made available in tangible or intangible form.
6. Licensee’s participation and information obligations
6.1. The Licensee assures that he has acquainted himself with the essential functional features of the Software and bears the risk, as to whether it corresponds with his wishes and requirements; in questions of doubt, Licensee has sought advice either from aquila biolabs’ employees or from third party experts.
6.2. The installation of a functional hardware and software environment (that is sufficiently equipped even when taking into account the additional load generated by the Contract Items) shall be the exclusive responsibility of Licensee.
6.3. Licensee shall follow the instructions for the installation and implementation of the Software supplied by aquila biolabs. He will regularly obtain up-to-date information through the online help pages at www.aquila-biolabs.de/service/ and take this information into account when using the software.
6.4. To the extent that aquila biolabs has additional obligations exceeding the delivery of the Contract Items, Licensee undertakes to cooperate as necessary at his own cost, e.g. by making available employees, a place of work, hard- or software, data and telecommunication services.
6.5. Licensee undertakes to grant aquila biolabs access to the Contract Items for the purpose of troubleshooting and bug-fixing, at Licensee’s discretion either directly and/or by providing remote access. aquila biolabs is authorized to verify whether the Contract Items are used in compliance with the provisions of this EULA. For this purpose, aquila biolabs may request information from Licensee, in particular regarding the period and extent of his use of the Contract Items.
7. Defects of substance or rights; other defaults; limitation
7.1. aquila biolabs warrants compliance of the Contract Items with the agreed properties at the time of handover in accordance with German statutory provisions for the lease of goods and warrants further that the use of the Contract Items within the scope of this EULA will not infringe third party rights.
7.2. In the event a defect exists in the Software, aquila biolabs performs under its warranty by rectification. For this purpose, aquila biolabs may at its own discretion either provide Licensee with a new defect-free software release or rectify the defect. A defect shall be deemed rectified if aquila biolabs can show a reasonably acceptable way to use the Contract Item in question that will evade the occurrence of the defect.
7.3. In the event that Contract Items infringe third party rights aquila biolabs may first perform under its warranty by rectification. For this purpose, aquila biolabs at its own discretion may either enable Licensee to use the Contract Items without infringing third party rights or exchange or modify the defective Contract Item with an equivalent item.
7.4. Licensee must accept a new software release as rectification, if the functionality remains within the contractually agreed scope and if the update does not lead to significant disadvantages.
7.5. In case aquila biolabs provides services regarding debugging or troubleshooting, without being obliged to do so, aquila biolabs may request compensation in accordance with its common rates. This shall apply in particular, if the existence of a defect cannot be verified or the defect cannot be attributed to aquila biolabs.
8.1. In all cases of contractual and non-contractual liability aquila biolabs’ liability shall be limited as follows:
8.1.1. in cases of willful misconduct and in cases where a guaranteed property is missing, aquila biolabs’ statutory liability shall not be limited;
8.1.2. in cases of gross negligence aquila biolabs’ liability shall be limited to the amount of typical and foreseeable damages, that should have been prevented by the violated duty;
8.1.3. in other cases: the liability shall be limited to cases where damages result from breach of material contractual obligations if such breach jeopardizes achieving the purpose of the contract, provided that in these cases the liability shall be limited to the amount of damages foreseeable at the time the parties enter into this agreement;
8.1.4. notwithstanding the aforementioned limitations, to the extent that aquila biolabs is insured against the damages incurred by Licensee, aquila biolabs’ liability shall also include damages to the extent these are covered by such insurance, provided that aquila biolabs shall only be liable to make payments after receiving a corresponding compensation from the insurance company.
8.2 The limitations of liability set out in Section. 8.1 do not apply to aquila biolabs’ liability for personal injury and liability under the German Product Liability Act.
8.3. Strict liability (verschuldensunabhängige Haftung) of aquila biolabs in accordance with Section 536a para. 1, 1st alternative German Civil Code, for defects existing at the time the contract was entered into, shall be excluded.
9. End of right to use the Contract Items
In all cases of termination of Licensee’s right to use Contract Items Licensee shall hand over all delivered Contract Items to aquila biolabs without undue delay and delete or destroy all copies, unless Licensee is obliged to retain such items by law. Licensee shall confirm the completion of the aforementioned in writing.
10. Final provisions
10.1. The place for performance is Aachen. If the Licensee is merchant as defined in the German Commercial Code, a governmental legal entity or a special funds under public law, the courts of Aachen shall have exclusive jurisdiction for all disputes arising out of or in connection with this EULA. The same shall apply if Licensee has or moves his place of residence or domicile to a place outside Germany or if his places of residence or domicile are unknown.
10.2. This EULA and any claims resulting therefrom are subject to German law excluding the international private law provisions and excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods.
10.3. Subsequent modifications and additions of this EULA are only valid when made in writing. The same applies to the amendment of this clause.
10.4 In the event of ambiguities or conflicts between the German and English version of this EULA the German wording shall prevail.
Appendix 1 List of software and application documentation
Appendix 2 Third party license agreements for components of software and application documentation according to Appendix 1
aquila biolabs GmbH
List of software and application documentation
– CGQuant setup routines
– CGQuant update routines
– CGQuant software with subfolders, including executables, images, libraries, images, etc.
– example data files
– firmware binaries (preinstalled on CGQ-devices or deployed as updates)
– CGQ user guide
Third party license agreements for components of software and application documentation according to Appendix 1
The following software components are licensed under the terms of the MIT License:
The MIT License (MIT)
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Some software components of Firmware and Drivers are based on the Atmel Software Framework and are licensed under the following conditions:
Copyright (c) 2013-2015 Atmel Corporation. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
– Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
– Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
– The name of Atmel may not be used to endorse or promote products derived from this software without specific prior written permission.
– This software may only be redistributed and used in connection with an Atmel microcontroller product.
THIS SOFTWARE IS PROVIDED BY ATMEL “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. IN NO EVENT SHALL ATMEL 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.
The Lato Fonts being co-installed with the software are licensed under the following conditions of the SIL Open Font License Version 1.1:
Copyright (c) 2010-2015, Łukasz Dziedzic (email@example.com), with Reserved Font Name Lato.
The goals of the Open Font License (OFL) are to stimulate worldwide development of collaborative font projects, to support the font creation efforts of academic and linguistic communities, and to provide a free and open framework in which fonts may be shared and improved in partnership with others.
The OFL allows the licensed fonts to be used, studied, modified and redistributed freely as long as they are not sold by themselves. The fonts, including any derivative works, can be bundled, embedded, redistributed and/or sold with any software provided that any reserved names are not used by derivative works. The fonts and derivatives, however, cannot be released under any other type of license. The requirement for fonts to remain under this license does not apply to any document created using the fonts or their derivatives.
“Font Software” refers to the set of files released by the Copyright
Holder(s) under this license and clearly marked as such. This may include source files, build scripts and documentation.
“Reserved Font Name” refers to any names specified as such after the copyright statement(s).
“Original Version” refers to the collection of Font Software components as distributed by the Copyright Holder(s).
“Modified Version” refers to any derivative made by adding to, deleting, or substituting — in part or in whole — any of the components of the Original Version, by changing formats or by porting the Font Software to a new environment.
“Author” refers to any designer, engineer, programmer, technical writer or other person who contributed to the Font Software.
PERMISSION & CONDITIONS
Permission is hereby granted, free of charge, to any person obtaining a copy of the Font Software, to use, study, copy, merge, embed, modify, redistribute, and sell modified and unmodified copies of the Font Software, subject to the following conditions:
1) Neither the Font Software nor any of its individual components, in Original or Modified Versions, may be sold by itself.
2) Original or Modified Versions of the Font Software may be bundled, redistributed and/or sold with any software, provided that each copy contains the above copyright notice and this license. These can be included either as stand-alone text files, human-readable headers or in the appropriate machine-readable metadata fields within text or binary files as long as those fields can be easily viewed by the user.
3) No Modified Version of the Font Software may use the Reserved Font Name(s) unless explicit written permission is granted by the corresponding Copyright Holder. This restriction only applies to the primary font name as presented to the users.
4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font Software shall not be used to promote, endorse or advertise any Modified Version, except to acknowledge the contribution(s) of the Copyright Holder(s) and the Author(s) or with their explicit written permission.
5) The Font Software, modified or unmodified, in part or in whole, must be distributed entirely under this license, and must not be distributed under any other license. The requirement for fonts to remain under this license does not apply to any document created using the Font Software.
This license becomes null and void if any of the above conditions are not met.
THE FONT SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.
The following software components are licensed under the terms of the Apache License Version 2.0:
Copyright (c) Microsoft Open Technologies, Inc. http://msopentech.com
Apache License, Version 2.0, January 2004
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
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END OF TERMS AND CONDITIONS