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END-USER LICENSE AGREEMENT FOR "Advanced Portfolio Analytics Excel Add-In (ApaLibNET)"
Andreas Steiner Consulting GmbH (Switzerland) End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Andreas Steiner Consulting GmbH. For the Andreas Steiner Consulting GmbH software product(s) identified above which may include associated software components, media, printed materials, license files and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Andreas Steiner Consulting GmbH, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use
Andreas Steiner Consulting GmbH grants you (and only you) the right to install and use the SOFTWARE PRODUCT on a defined number of computers (five or one) for a time period of one year after purchase. Any attempt to install and use the SOFTWARE PRODUCT on additional computers or for longer than a year without having the necessary licenses is considered a copyright violation. The license can be moved from old to new computers. You may move one computer every two months; old computers will be deactivated permanently.
(b) Backup Copies
You may make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution
You may not distribute copies of the SOFTWARE PRODUCT to third parties.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT. Any attempt to do so is considered a copyright violation.
(d) Rental
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services
Andreas Steiner Consulting GmbH may provide you with reasonable email-based support services related to the SOFTWARE PRODUCT. The support does not cover any issue related to Microsoft Excel (tm), the operating system, non-Windows (tm) computers or virtualization environments. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. Support is provided for the latest release only.
(f) Compliance with Applicable Laws & Juristiction
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
(g) Reviews
If you are reviewing the SOFTWARE PRODUCT or comparing it to related services provided by third parties and make the results available to other people, you must send the full review or comparsion to Andreas Steiner Consulting GmbH.
(h) Disclosure of Identity
Your identity has to be to be known to Andreas Steiner Consulting GmbH. The information provided in the ordering process may not be misleading. Andreas Steiner Consultung GmbH may verify the information provided.
(i) Data Security & Privacy Protection
Information provided by you is subject to the Data Security & Privacy Protection Policy of Andreas Steiner Consulting GmbH, available on www.apalibnet.com
3. TERMINATION
One year after the purchase date, the SOFTWARE PRODUCT will stop to work. If the subscription is not renewed, all copies of the SOFTWARE PRODUCT have to be uninstalled and destroyed.
Without prejudice to any other rights, Andreas Steiner Consulting GmbH may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Andreas Steiner Consulting GmbH or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Andreas Steiner Consulting GmbH.
5. NO WARRANTIES
Andreas Steiner Consulting GmbH expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Andreas Steiner Consulting GmbH does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Andreas Steiner Consulting GmbH makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Andreas Steiner Consulting GmbH further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Andreas Steiner Consulting GmbH be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if Andreas Steiner Consulting GmbH has been advised of the possibility of such damages. In no event will Andreas Steiner Consulting GmbH be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Andreas Steiner Consulting GmbH shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.