FusionPlay Software Warranty and End User License Agreement
IMPORTANT – READ CAREFULLY
This FusionPlay End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and FusionPlay GmbH (“FusionPlay”), for the Software. By installing, copying, or otherwise using the Software and or service, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software or service.
“Software” means only the FusionPlay software program(s) and third-party software programs or service, in each case, supplied by FusionPlay herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation.
Software License Agreement
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is a combination of services and products.
GRANT OF LICENSE
This EULA grants you the following rights:
• Applications Software. You may install and use one copy of this package, or any prior version for the same operating system, on a single computer. The primary user of the computer on which the package is installed may make a second copy for his or her exclusive use as a backup.
• Application Content. You may not sell, license or otherwise distribute the application files contained within the Software on a stand-alone basis or as part of any collection, or as part of any product or service for resale except where such files are protected by the GNU or public domain.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
• Limitations on Reverse Engineering, Decompilation, and Disassembly. 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.
• Support Services. FusionPlay may provide you with support services related to the Software (“Support Services”). Use of Support Services is governed by the policies and programs described in the user manual, in “online” documentation, and/or in other FusionPlay -provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this EULA. With respect to technical information you provide to FusionPlay as part of the Support Services, FusionPlay, may use such information for its business purposes, including for product support and development. FusionPlay will not utilize such technical information in a form that personally identifies you.
• Rental. You may not rent, lease, or lend the Software.
• Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA.
• Termination. Without prejudice to any other rights, FusionPlay, 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 FusionPlay package and all of its component parts.
COPYRIGHT
All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by FusionPlay or the respective software author. You must treat the Software like any other copyrighted material except that you may install the Software on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the Software.
DUAL-MEDIA SOFTWARE
You may receive the Software in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the Software.
MISCELLANEOUS
If this product was acquired outside of Germany, then local law may apply. Should you have any questions concerning this EULA, or if you desire to contact FusionPlay, for any reason, please email: info@fusion-play.com
LIMITED WARRANTY (Disclaimer of Warranty)
THIS SOFTWARE PACKAGE, SERVICE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. ADDITIONALLY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUSIONPLAY, DISCLAIMS ALL OTHER 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. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM COUNTRY/JURISDICTION TO COUNTRY/JURISDICTION.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUSIONPLAY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF FUSIONPLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, FUSIONPLAY’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE FUSIONPLAY PACKAGE OR 10.00 EUR. BECAUSE SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
PARTIAL VALIDITY
If any of the above paragraphs is or becomes invalid, this shall not affect the validity of the rest of this license agreement.
FusionPlay GmbH, 04103 Leipzig, Georgiring 3, Germany