Licensing agreement
1. License for Restricted Use:
Seltec grants you the non-exclusive, non-transferable, limited right and license, a copy of this application solely and exclusively to install for personal use and not for commercial use. All rights provided under this agreement are reserved for Seltec. This application is licensed, not sold. Your license will not transfer you any ownership of the application, and Seltec does not sell any rights of the application.
2. Property Rights
All intellectual property rights and copyrights on this application (including but not limited to; rights to trademarks, titles, computer code, themes, objects, characters, character names, stories, dialogues, slogans, locations, concepts, graphics, animations, sounds, musical compositions, audio-visual effects, methods of operation, documentation and "applets" pasted in this application) are owned by Seltec or its licensors. This application is supported by the copyright laws of Austia, international copyright treaties, conventions and other laws. It contains certain licensed materials, and in the case of any violation of this agreement allow the licensor of Seltec full enforcement of their rights.
3. You agree to forbear the following:
(a) Not to commercially exploit this application or any of its parts
(b) Not to copy this application or any of the accompanying materials.
(c) Not to sell, lend, rent, license, distribute or otherwise transmit copies of this application with the prior- express written consent of Seltec.
(d) Not to dismember, decompile, undo in any form or in any other way of disaggregation possible to man.
(e) Not to create derivative works, adapt, translate or modify this application.
(f) Not to pirate or hack this application, or make possible the piracy of this application.
(g) Not to remove, eliminate or make any proprietary marks on this application or the accompanying material.
(h) Not to make a copy or adaptation of any part of the process thereof in violation of applicable laws or regulations to export or re-export. You also acknowledge and agree in the case of testing (for example Beta Testing and/or for a limited trial period or a limited number of uses):
(i) Complete use after the expiration of the trial period or allowable number of uses, and
(j) Should the application code be implied, the exceedance of these boundaries will inhibit you so that such codes for deleting the application of your equipment hinders you from making copies for further installation after the testing period or to arbitrarily increase the number of uses.
4. Warranty Disclaimer:
From the fullest extent permitted by applicable law:
(a) Should this application in its 'Current State' be made available, without guarantee of any kind, whether express or implied, including but not limited to, warranties of merchantability or fitness for a particular purpose;
(b) The entire risk as to quality and performance of the application lies in the hands of the consumer.
(c) Seltec takes no responsibility towards them, for whatever might arise from the resulting application, unless such a guarantee may not legally be excluded and
(d) Should Seltec have liability and the liability claim arises from the use of Seltec, by or on behalf of Seltec, from the use of the available software, Seltec will replace the defective software if available (Software limited). The case law of some countries prohibits (or limits) the exclusion of certain warranties, in which the case above invokes a warranty exclusion in the full extent permitted by law.
5. Limitation of Liability:
In fullest extent permitted by applicable law:
(a) Seltec is under no circumstances liable for any special, incidental or consequential, arising from the use, possession, misuse or malfunction of this application, including but not limited to; damage to property, loss of trust, failure or malfunction of computer or portable equipment and personal injuries, even if Seltec was advised of the possibility of damage and
(b) It is beyond Seltec liability in any case to refund for the licensed use of the application. The case law of some countries prohibits contract restrictions on the duration of implied warranties, in this case Seltecs warranty and/or the exclusion or limitation of liability for special, incidental or consequential damages.
6. Expiration:
Irrespective to other Seltec rights or your obligations set forth in section 1 of this license agreement, they shall expire automatically when you do not follow the terms of this agreement. In this case, you must destroy all copies of this application and all its components and associated materials.
7. Legal Aid:
Since Seltec is not responsible for irreparable damage incurred, by the terms of this agreement, if the constraints of this agreement apply no value, you agree, that Seltec, without mutual consent, security, conventions, or proof of damage in parts of this agreement is entitled to reasonable compensation, in addition to any claims which Seltec has under current law.
8. Damages:
You agree to Seltec, its partners, affiliates, contractors, business executives, managers, employees and representatives to advocate and pay compensation for all damages, losses and costs arising directly or indirectly from your acts or failure to act when using the application in accordance with the terms of this agreement layed out in full.
9. Miscellaneous
(a) This Agreement constitutes the entire agreement concerning the licensing of these applications between parties and replaces all prior or contemporaneous agreements or arrangements between them.
(b) Amendments to this agreement are possible only in written copies by both parties.
(c) If any part of this agreement for any reason unenforceable, only the relevant part will be amended, which is enforceable and the remaining portions of this agreement will remain unchanged.
(d) This agreement is subject to the laws of the Austrian state, and their implementation will take place only in Austria. You agree that the state courts and federal courts of Lower Austria (Austria) have sole judgement and hereby waive all objections to personal jurisdiction or negotiations in these courts.
(e) You agree that the "United Nations Convention on Contracts for the International Sale of Goods," neither the End User License Agreement or for any other related discussion or transaction are valid.
(f) If the End-User License Agreement is in a language other than German, you agree that the German version will prevail if there are any discrepancies between the English version and the translation therein.
(g) Only with the exception of prohibited by applicable law scale, you agree that all disputes, claims, surverys, mediations, arbitrations, litigation, etc. regarding this Eng User License Agreement in the English Language, including but not limited to, all correspondence, questions, requests, messages, notices, statements, investigative requests, questionaires, templates, applications, pleadings, evidence, statements and judgements.
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