End-user License Agreement for STOKES international Software
IMPORTANT – PLEASE READ CAREFULLY:
This end-user license agreement (“License Agreement”) is a legal agreement between you (either as an individual or a legal entity) and Strokes Publishing llc for the software that accompanies this License Agreement. By installing, copying or using the software, you agree to be bound by the terms and conditions of this License Agreement. If you do not agree, do not install, copy or use the software.
STROKES PUBLISHING LLC, ITS LICENSORS AND SUPPLIERS OWN ALL INTELLECTUAL PROPERTY IN THE SOFTWARE. STROKES PERMITS YOU TO USE THE SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS OF THIS LICENSE AGREEMENT.
“Software” means (a) all of the contents of the files (provided either by electronic download, on physical media or any other method of distribution), disk(s), CD-ROM(s) or other media with which this License Agreement is provided and (b) related explanatory (“Documentation”).
“Use” or “Using” means to access, install, download, copy, or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
“Computer” means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
“STROKES” means Strokes Publishing GmbH, a limited liability company incorporated under the laws of Switzerland whose registered seat is in Zurich, its licensors and suppliers.
2. Software License
If you obtained the Software from STROKES or one of its authorized retailers, and subject to your compliance with the terms of this License Agreement, STROKES grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation as follows.
2.1 General Use
You may install and Use a copy of the Software on a single personal computer. The Software may not be shared, installed or used concurrently on different computers.
2.2 Backup Copy
You may make one backup copy of the Software, provided your backup copy is not installed or Used on any Computer. You may not transfer the rights to a backup copy.
2.3 No Modification
You may not modify, adapt, translate or create derivative works based upon the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or create any software which is substantially similar to the expression of the Software.
You may not rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user’s Computer.
4. Intellectual Property Ownership, Copyright Protection
The Software and any authorised copies that you make are the intellectual property of and are owned by STROKES. The Software is protected by copyright laws and international treaty provisions. Except as expressly stated herein, this License Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted hereunder are reserved by STROKES.
5. No Warranty
5.1 In General
The Software is being delivered to you “AS IS” and STROKES makes no warranty as to its use or performance. STROKES provides no technical support, warranties or remedies for the Software.
The Software is designed and offered as a general-purpose software, not for any user’s particular purpose. You accept that no Software is error free and your are strongly advised to back-up your files regularly.
STROKES does not warrant the performance or results you may obtain by Using the Software. STROKES makes no warranties or representations (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.
The provisions of this Section 5 and the following Section 6 shall survive the termination of this License Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this License Agreement.
5.2 Limited Warranty for Users Residing in Germany or Austria
If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 5.1 does not apply, instead, STROKES warrants that the Software provides the functionalities set forth in the Documentation (the “agreed upon functionalities”) for the limited warranty period following receipt of the Software when used on the recommended hardware configuration.
As used in this Section 5.2, “limited warranty period” means two (2) years. Non-substantial variation from the agreed upon functionalities shall not be considered and does not establish any warranty rights. This limited warranty does not apply to Software provided to you free of charge, for example, updates, pre-releases, tryouts, product samplers, not for resale (nfr) copies of Software, or Software that has been altered by you, to the extent such alterations caused a defect.
To make a warranty claim, during the limited warranty period you must return the Software and proof of purchase to the location where you obtained it. If the functionalities of the Software vary substantially from the agreed upon functionalities, STROKES is entitled – by way of re-performance and at its own discretion – to repair or replace the Software. If this fails, you are entitled to a reduction of the purchase price (reduction) or to cancel the purchase agreement (rescission).
6. Limitation of Liability
6.1 In General
In no event will STROKES be liable to you for any damages, claims or costs whatsoever (including consequential, indirect, incidental damages, or any lost profits or lost savings) even if a STROKES representative has been advised of the possibility of such loss, damages, claims or costs or of any claim by any third party. The foregoing limitations and exclusions apply to the extent permitted by applicable law in your jurisdiction.
STROKES’ aggregate liability under or in connection with this License Agreement or based on tort (including as a result of negligence) shall be limited to the amount paid for the Software.
6.2 Limited of Liability for Users Residing in Germany or Austria
If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 6.1 does not apply. Instead, subject to the provisions of para. 2 of this Section 6.2, STROKES’ statutory liability for damages shall be limited as follows: (i) STROKES shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) STROKES shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.
The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries.
You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and your computer data subject to the provisions of this License Agreement.
7. No Violation of Personal Rights
The contents made accessible through the Use of the Software (such as dialogs and words) have been thoroughly reviewed by STROKES with a view to ensuring that they do not and will not violate your personal rights by offending your feelings or honour in any manner (in particular as a result of offending, defamatory or discriminatory statements). Notwithstanding the foregoing, STROKES does not and cannot warrant or guarantee that your personal rights will not be violated by Using the Software. You will Use the Software at your own risk and acknowledge that you have expressly consented to any violation of your personal rights and thus such violation shall not be deemed illegal. You hereby fully release and discharge STROKES from any and all claims and obligations related to a violation of your personal rights (including, but not limited to, claims and obligations related to discrimination or defamation).
Without prejudice to any other rights, STROKES may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In such event, you must destroy all copies of the Software and all of its components parts.
9. General Provisions
If any part of this License Agreement is found void and unenforceable, it will not affect the validity of the balance of this License Agreement, which shall remain valid and enforceable according to its terms. This License Agreement may only be modified by a writing signed by an authorized officer of STROKES. This is the entire agreement between STROKES and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
10. Governing Law and Jurisdiction
This License Agreement will be governed by and construed in accordance with the substantive law in force in Switzerland. This License Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
The courts of Zurich shall have exclusive jurisdiction for any disputes and controversies arising out of or in connection with this License Agreement.
End-user License Agreement for STOKES international Software