DkimX End-User License Agreement

Important – Read carefully: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Franz Krainer for the software product DkimX. By installing, copying, or otherwise using this software, 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 this software.

  1. Definitions
    1. “EULA” means this End User License Agreement.
    2. “License Certificate” means a cryptographically secured file which contains information about a product license and, depending on the license type, optionally contains information about a Software Maintenance period.
    3. “Licensee” means you or the single entity (if any) on whose behalf you are taking the EULA (also referred to as “You”).
    4. “Licensor” means the licensor of the Software Product, who is Franz Krainer, Kettenbrueckengasse 20/25, 1040 Vienna, Austria.
    5. “Server” means a physical or virtual computer which fulfills the requirements for installing the Software Product.
    6. “Software Maintenance” means the right to download, install and use software updates and software upgrades (if any) released during a maintenance period.
    7. “Software Product” means the software product DkimX and all associated media, printed materials and may include online or electronic documentation.
    8. “Trial Period” means a period of sixty (60) days after installation for evaluating the Software Product.
  2. License Grants
    1. Evaluation License. You may download, install and then use the Software Product for free during the Trial Period. During the Trial Period, Licensor grants You a limited, non-exclusive, non-transferable, non-renewable license to copy and use the Software Product for evaluation purposes only. The evaluation license will expire at the end of the Trial Period. On expiration of the evaluation license, You must purchase one or more server licenses or an enterprise license by paying the required license fees, or, as an alternative, uninstall the Software Product from all Servers on which it was installed and where the evaluation license has expired
    2. Server License. Upon payment of the license fee for a perpetual server license, Licensor grants You a limited, non-exclusive, non-transferable license to use the Software Product on one Server. A server license includes one, two or three years of Software Maintenance. Licensor will provide You with a License Certificate which has to be applied to the installation of the Software Product on the Server to activate the server license
    3. Enterprise License. Upon payment of the license fee for a perpetual enterprise license, Licensor grants You a limited, non-exclusive, non-transferable license to use the Software Product on an unlimited number of Servers. An enterprise license includes one, two or three years of Software Maintenance. Licensor will provide You with a License Certificate which has to be applied to all installations of the Software Product on the Servers to activate the enterprise license.
  3. Software Maintenance
    1. Each server and enterprise license is associated with a Software Maintenance period.
    2. A newly purchased server or enterprise license has an associated Software Maintenance period of one, two or three years commencing on the date of license purchase.
    3. Before or after expiration of the Software Maintenance period You may renew Software Maintenance for one, two or three years. Subsequent renewal periods of the Software Maintenance commence upon the expiration of the prior Software Maintenance period regardless of when the new one is purchased. Renewal of Software Maintenance is only possible if the expiration date of the new period lies in the future. This means that if the Software Maintenance period expired more than three years ago, renewal of Software Maintenance is not possible.
  4. License Restrictions
    1. You shall undertake any necessary steps to protect License Certificates against unauthorized use.
    2. You may not alter, merge, modify, adapt or translate the Software Product, or decompile, reverse engineer, disassemble, or otherwise reduce the Software Product to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
    3. You may not sell, rent, lease, sub license, transfer, resell for profit or otherwise distribute the Software Product or any part thereof.
    4. You may not modify the Software Product or create derivative works based upon the Software Product.
    5. You may not remove or obscure any copyright and trademark notices relating to the Software Product.
  5. Termination
    1. Without prejudice to any other rights, Licensor may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all readily usable copies of the Software Product and all of its component parts.
  6. Copyright
    1. The Software Product is licensed, not sold. Title and copyrights in and to the Software Product (including any images, applets, photographs, animations, video, audio, music, and text incorporated into the Software Product), accompanying printed materials, and any copies You are permitted to make herein are owned by Licensor or his suppliers and are protected by Austrian copyright laws and international treaty provisions.
  7. Disclaimer of Warranty
    1. This Software Product is provided by Licensor “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are disclaimed.
    2. In no event shall Licensor or its suppliers 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, savings, 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 Product, even if advised of the possibility of such damage. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.

© Franz Krainer 2011-2018. All Rights Reserved. Legal Notices.

2018-11-02