diabasics 1.2

EULA - End User License Agreement

Derbrill Multimedia End-User License Agreement ("EULA")

Diabasics

1. General

This End-User License Agreement ("EULA") is a legal agreement between you and Derbrill Multimedia for the Derbrill Multimedia products identified above, which may include computer software and associated media, electronic documentation and printed materials ("The Software"). By installing, copying, distributing or otherwise using The Software you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA you must not install, use or distribute The Software, and you must destroy all copies of The Software that you have.

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold and always remains the property of Derbrill Multimedia.

2. Licensing

If you have not paid the registration fee for The Software, you are hereby granted an evaluation license to use The Software as described in Sections 1, 2.1 and Sections 3-10 below.

If you have paid the registration fee for The Software, you are hereby granted a license to use The Software as described in Sections 1, 2.2 and Sections 3 - 10 below.

2.1. Evaluation License

You may:
Subject to the terms of this EULA, use The Software for evaluation purposes without charge for 60 days ("Evaluation Period"). The Evaluation Period commences when you first install or use The Software, and expires exatcly 60 days after. The Software will continue working but you are only allowed to use the Software after paying the registration fee.

The Software is limited in functionality. You will not be able to acces certain functions unless you register. Use of The Software after evaluation requires payment of a registration fee to derbrill Multimedia. For more information about payment methods, please visit http://www.derbrill.de/diabasics .

2.2. Registered License

You may:
Subject to the terms of this EULA, use one copy of The Software on one computer. The primary user of the computer on which The Software is installed may make a safety copy for his or her exclusive use.

However, you must acquire and dedicate a separate license for each separate computer on which The Software is installed. A license for The Software may not be shared or used concurrently on different computers.

You may not:
Disclose to third parties, or publish your registration details via electronic or other means.

3. Restrictions

You may not reverse engineer, decompile, or disassemble The Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

You may not rent, lease, or lend The Software.

4. Transfer of Rights

You are allowed to transfer the rights provided by this EULA to another person. If you resell the software you need to inform Debrill Multimedia and update them with the data of the new user.

5. Termination

Without prejudice to any other rights, Derbrill Multimedia 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.

6. Copyright

All title, including but not limited to copyrights, in and to The Software and any copies thereof are owned by Derbrill Multimedia. All title and intellectual property rights in and to the content which may be accessed through use of The Software 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 Derbrill Multimedia.

7. Limited Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DERBRILL MULTIMEDIA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. DERBRILL MULTIMEDIA DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

8. Limitations of Remedies and Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DERBRILL MULTIMEDIA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF DERBRILL MULTIMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, DERBRILL MULTIMEDIAs ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR 5.00 EURO. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. Distribution

You are hereby licensed to make as many copies of the archive of The Software as you wish; give exact copies of the original archive of The Software to anyone; and distribute the original archive of The Software in its unmodified form via electronic or other means. The Software must be clearly identified as an evaluation version where described. You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing The Software including documentation with other products (commercial or otherwise) without prior written permission from Derbrill Multimedia. You are also prohibited from distributing components of The Software other than the complete original archive.

10. Jurisdiction

This EULA shall be governed by the laws of Rendsburg, Germany.

If parts or individual terms of this statement are illegal or incorrect, the content or validity of the other parts remain uninfluenced by this fact.

Last updated: January 20, 2010

© 2009-2010 Derbrill Multimedia