Software License Agreement

  1. Notice
    Please read this license agreement carefully before installing the software. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE  BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT. If you do not agree to these terms we are unwilling to license the software to you, and you should not install the software. In such case, promptly return the disk package and all other material in this package along with proof of payment, to the authorized dealer from whom you obtained it for a full refund of the price you paid. If you purchase the software from an authorized dealer, please note that the dealer has authority to enter into this agreement on behalf of RagTime.de Development GmbH.

  2. Ownership and License

    1. This is a license agreement and not an agreement for sale.
    2. RagTime.de Development GmbH continues to own the copy of the software contained in the package and all other copies that you are authorized by this agreement to make of the “Software”.
    3. RagTime.de Development GmbH and its suppliers own all intellectual property in the Software. The Software is licensed, not sold. RagTime.de Development GmbH permits you to copy, download, install, use, or otherwise benefit from the functionality or intellectual property of the Software only in accordance with the terms of this agreement. The structure, organization and code of the Software are the valuable trade secrets and confidential information of RagTime.de Development GmbH and its suppliers. The Software is protected by law, including but not limited to the copyright laws of Germany and other countries, and by international treaty provisions. RagTime.de Development GmbH retains all rights not expressly granted to you in this agreement.

  3. Permitted Software Use
    You are granted the following rights to the Software:

    1. Right to Install and Use
      30 days test drive license: All users that have not purchased the software are entitled to use the software for a one time 30 day test drive period.

      Single user license: Installation of the software is permitted on a  main and a secondary computer. It is only permitted to use the software on a one computer at a time. It is denied to use the single user software concurrently on multiple computers. It not not allowed to install the software on more than two computers.

      Multi user license: Customers that have purchased a multi user license are permitted to install the software on multiple computers. Concurrent use of the software is permitted up to the maximum number of software licenses purchased.

      Unlimited company license: Customers owning an unlimited user company license are permitted to install and use the software on all computers within the company and in its fully owned subsidiaries. Subsidiaries working under a different name must be reported to RagTime.de Development GmbH in writing before using the software.

      Using Windows Terminal Server: Installation on a Windows Terminal Server is only permitted for customers owning a multi user license or an unlimited company license. The usage of the software within a Windows Terminal Session corresponds to the usage of a regular computer. The maximum number of sessions is limited by the number of software licenses owned.

      Automated server deployment using Windows COM/OLE or Mac AppleScript: Only multi-user licenses with five or more users are permitted to deploy RagTime as a server-automated application. Every user who directly or indirectly utilizes the RagTime automation service requires a license. In an automated environment, the total number of different users per day must not exceed the permitted users of the RagTime muli-user license.

    2. Right to Copy

      You may copy the Software for back-up and archival purposes, provided that your backup copies are not installed or used for other than archival purposes and that your installation and use of the Software does not exceed that allowed in Clause 3.a above, and provided you reproduce our copyright notice on each copy.

    3. Identity of Licensee

      This license is personal to the licensee identified as the purchaser of the Software. In the case of an individual purchaser or authorized transferee, the license granted herein is for the benefit only of that individual. In the case of a corporate purchaser or authorized transferee, the license granted herein is for the benefit only of that corporation’s employees and authorized agents

  4. Prohibited Use

    You may not, without our written permission:

    1. Use, store, copy, modify, adapt, merge, translate, or transfer copies of the Software or documentation except as provided in this Agreement

    2. Use any back-up or archival copies of the Software (or allow anyone else to use such copies) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective;

    3. Disassemble, decompile or “unlock”, reverse translate, or in any manner decode the Software for any reason except as permitted by Article 6 of the EU Software Directive (91/250/EEC); or

    4. Sublicense, lease, rent, or resell the licensed software.

  5. Limited Warranty

    The following limited warranties apply, for a period of six months from the date you acquired the Software from RagTime.de Development GmbH or an authorized dealer:

    1. Media: The disks and documentation in the package will be free from defects in materials and workmanship under normal use. If the disks or documentation fail to conform to this warranty, you may, as your sole and exclusive remedy, obtain replacement disks or documentation if you return the defective disks or documentation to RagTime.de Development GmbH with a dated proof of purchase.

    2. Software: The copy of this software in the package will materially conform to the documentation that accompanies the software when used on the recommended hardware configuration. Non-material variation will not and does not establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO SOFTWARE PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES, PRE-RELEASE, TRYOUT, STARTER, PRODUCT SAMPLER AND NOT FOR RESALE (NFR) COPIES OF SOFTWARE. If the software fails to operate in accordance with this warranty, you may, as your sole and exclusive remedy, return all the software and the documentation to the authorized dealer from whom you acquired it, along with a dated proof of purchase, specifying the problem, and we will provide you either with a new version of the software or a full refund.

    3. Warranty Disclaimer: We do not warrant that this software will meet your requirements or that its operation will be uninterrupted or error-free. We exclude and expressly disclaim all express and implied warranties or conditions not stated herein.

    4. Provisos: Some member states of the European Union do not allow the exclusion of certain implied warranties or conditions, so the above exclusion may not apply to you and does not exclude any implied warranties or conditions which may not under applicable law be excluded. This limited warranty gives you specific legal rights, and is in addition to any other legal rights you may have, which vary from one Member State to another. This Agreement does not affect your statutory rights.

  6. Limitation of Liability

    1. RagTime.de Development GmbH liability to you for any losses shall not exceed the amount you originally paid for the Software.

    2. In no event will RagTime.de Development GmbH be liable for any indirect or consequential damages (including loss of profit) even if we have been advised of the possibility of such damages.

  7. Confidentiality

    1. The Software contains confidential information and you agree not to disclose such information to any third party other than our own employees or authorized agents without our prior consent.

    2. The obligation of confidentiality under paragraph 7.a of this clause includes any confidential information relating to the Software which is obtained by you as the result of any analysis or decompilation permitted under Article 5 (3) and 6 of the EU Software Directive (91/250/EEC).

    3. This clause shall survive the termination of this agreement.

  8. Termination

    1. This license and your rights to use the Software automatically terminates if you:

      1. fail to comply with any provisions of this agreement,

      2. destroy the copies of the Software in your possession or voluntarily return the Software to us.

    2. Upon termination you will destroy all copies of the software and documentation.

  9. Third party license information
    The Software contains third party libraries which have separate license terms. A list of all third party libraries with their license terms are listed on the RagTime.de Development GmbH web site (http://www.ragtime.de/web/en/support/3rdpartylic.html).

  10. Miscellaneous Provisions

    1. This Agreement will be governed by and construed in accordance with the substantive laws of the Federal Republic of Germany whose courts shall have jurisdiction over all disputes which may arise between us. Any disputes arising hereunder will be settled before a competent Hannover court of law.

    2. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms.

    3. This is the entire agreement between us relating to the contents of the package, and supersedes any prior purchase order, communications, advertising or representations concerning the contents of the package.

    4. No change or modification of this Agreement will be valid unless it is in writing, and is signed by us.

If you have any questions about this Agreement, write to us at:

RagTime.de Development GmbH, Am Kahlen Berg 19, D-30826 Garbsen, Germany

February 24, 2009

 

 

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RagTime.de Development GmbH

Am Kahlen Berg 19
30826 Garbsen
Germany

 

Tel.: +49 5131 70 93 6-0

 

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