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irrFuscator License

Agreement for irrFuscator

Copyright© 2006-2010 Nikolaus Gebhardt / Ambiera e.U.

1. Licensed Product and Rights to Use
This is a legal agreement between Nikolaus Gebhardt (the “LICENSOR“) and you (the “LICENSEE“). It governs the licensee's right to use the irrFuscator software (the “Software”). This Licence is also protected by copyright law. The Licensor grants the Licensee the limited, worldwide, non-exclusive, non-transferable, nonsublicensable right to use the Software. The license only includes the current latest version of irrFuscator, but extends to minor upgrades which include bug fixes, but not including the next major version of the Software. This right is subject to the following conditions and limitations.

2. License Fee
The Licensee pays a License fee to the Licensor. As soon as the Licensor acknowledges the receipt of the fee, the Licensee recieves a software license key and may use the Software as defined in this Agreement.

3. Ownership of Software
The Software is licensed and not sold. The Software is owned by the Licensor. The Licensor retains all rights, including all copyrights and intellectual property rights in and to the Software, its documentation, title, logos, data files and all copies thereof. All rights not explicitly granted to the Licensee in this License are reserved by the Licensor.

4. Disclaimer of Warranty
THE SOFTWARE IS PROVIDED BY THE LICENSEE ''AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS 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.

In any case, Ambiera's entire liability under any provision of this license shall be limited to € 1.00. Furthermore, the Licensee acknowledges that he was able to test and use the test version of the Software freely for an unlimited amount of time before agreeing to this license. The Licensee is thus conscious of the exact functionality provided by the Software and will not claim any missing or wrongly advertised functionality by the Licensor.

The Licensee acknowleges that the software is especially not designed for use in hazardous environments such as medical, biologic, military, nuclear, or aircraft facilities, life critical applications or critical business applications. The term "life critical application" means an application in which the functioning or malfunctioning of the software may result directly or indirectly in phyiscal injury or loss of human life. In no event will the licensor be liable for any damages, including lost profits or data, or other incidental or consequential damages, arising out of the use or inability to use the software, even if the licensee has been advised of the possibility of such damages, or for any claim by any other party.

5. Reverse Engineering
The Licensee is not entitled to reverse-engineer, decompile or modify the licenced software under this agreement.

6. Termination
If the Licensee fails to comply with the terms and conditions of this license, the Licensor will terminate the License agreement and the Licensee immediately has to delete all copies of the Software and its source (if provided).

7. Support
This license does not include support services, although the Licensor can decide to offer the Licensee prioritized support via email. Repeated voluntary provision of support services by the Licensor does not constitute a claim for future provision of support services for the Licensee.

8. Jurisdiction and Choice of Law
Insofar as not otherwise agreed, this Agreement shall be governed exclusively by Austrian law. Austrian law shall also be applied in case of the Licensee being located outside of Austria. The Licensee expressly agrees that exclusive jurisdiction for any claim or dispute with the Licensor linked in any way to the Licensee's use of the Software and/or Documentation resides in the competent court in the town of Vienna, Austria.

9. Publicity
Use of the License under this License agreement includes the option to be linked from a sub page of the ambiera website (i.e. 'Products using the Software'). The Licensor is allowed to indicate the existence of the business relationship with the Licensee on all advertising media including his website(s) using the Licensee's name and logo, subject to optional withdrawal in written form by the Licensee.

10. Severability
Should individual terms of this agreement be or become inoperative, this will not affect the remaining terms of this agreement. The Licensor and Licensee will work in a spirit of partnership to find an arrangement that approximates the inoperative terms as closely as possible.