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