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________________________________________________________________________ |
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EGENIX.COM PUBLIC LICENSE AGREEMENT VERSION 1.1.0 |
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________________________________________________________________________ |
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1. Introduction |
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This "License Agreement" is between eGenix.com Software, Skills |
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and Services GmbH ("eGenix.com"), having an office at |
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Pastor-Loeh-Str. 48, D-40764 Langenfeld, Germany, and the |
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Individual or Organization ("Licensee") accessing and otherwise |
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using this software in source or binary form and its associated |
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documentation ("the Software"). |
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2. License |
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Subject to the terms and conditions of this eGenix.com Public |
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License Agreement, eGenix.com hereby grants Licensee a |
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non-exclusive, royalty-free, world-wide license to reproduce, |
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analyze, test, perform and/or display publicly, prepare derivative |
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works, distribute, and otherwise use the Software alone or in any |
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derivative version, provided, however, that the eGenix.com Public |
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License Agreement is retained in the Software, or in any |
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derivative version of the Software prepared by Licensee. |
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3. NO WARRANTY |
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eGenix.com is making the Software available to Licensee on an "AS |
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IS" basis. SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE |
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EXCLUDED, EGENIX.COM MAKES NO REPRESENTATIONS OR WARRANTIES, |
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EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, |
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EGENIX.COM MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY |
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OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT |
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THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS. |
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4. LIMITATION OF LIABILITY |
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EGENIX.COM SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF |
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THE SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES |
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OR LOSS (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF |
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BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS |
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INFORMATION, OR OTHER PECUNIARY LOSS) AS A RESULT OF USING, |
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MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF, |
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EVEN IF ADVISED OF THE POSSIBILITY THEREOF. |
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF |
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INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR |
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LIMITATION MAY NOT APPLY TO LICENSEE. |
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5. Termination |
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This License Agreement will automatically terminate upon a |
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material breach of its terms and conditions. |
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6. Third Party Rights |
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Any software or documentation in source or binary form provided |
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along with the Software that is associated with a separate license |
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agreement is licensed to Licensee under the terms of that license |
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agreement. This License Agreement does not apply to those portions |
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of the Software. Copies of the third party licenses are included |
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in the Software Distribution. |
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7. General |
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Nothing in this License Agreement affects any statutory rights of |
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consumers that cannot be waived or limited by contract. |
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Nothing in this License Agreement shall be deemed to create any |
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relationship of agency, partnership, or joint venture between |
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eGenix.com and Licensee. |
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If any provision of this License Agreement shall be unlawful, |
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void, or for any reason unenforceable, such provision shall be |
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modified to the extent necessary to render it enforceable without |
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losing its intent, or, if no such modification is possible, be |
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severed from this License Agreement and shall not affect the |
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validity and enforceability of the remaining provisions of this |
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License Agreement. |
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This License Agreement shall be governed by and interpreted in all |
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respects by the law of Germany, excluding conflict of law |
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provisions. It shall not be governed by the United Nations |
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Convention on Contracts for International Sale of Goods. |
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This License Agreement does not grant permission to use eGenix.com |
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trademarks or trade names in a trademark sense to endorse or |
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promote products or services of Licensee, or any third party. |
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The controlling language of this License Agreement is English. If |
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Licensee has received a translation into another language, it has |
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been provided for Licensee's convenience only. |
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8. Agreement |
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By downloading, copying, installing or otherwise using the |
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Software, Licensee agrees to be bound by the terms and conditions |
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of this License Agreement. |
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For question regarding this License Agreement, please write to: |
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eGenix.com Software, Skills and Services GmbH |
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Pastor-Loeh-Str. 48 |
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D-40764 Langenfeld |
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Germany |