END USER LICENCE AGREEMENT for KnowledgeFox®
PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING THE I AGREE BUTTON DURING THE INITIAL INSTALLATION OF THE SOFTWARE, YOU AGREE TO ALL CONDITIONS OF THIS AGREEMENT.
This Agreement is a legally valid contract between you as the User and KnowledgeFox GmbH (hereafter also referred to as KnowledgeFox GmbH or KFOX) for KnowledgeFox® (hereafter also referred to as Software) and its associated software components, media, printed materials and online or electronic documentation.
KnowledgeFox® is protected by copyright laws, trademark registration and by other relevant laws as the intellectual property of KnowledgeFox GmbH. The KnowledgeFox® Software is released for use, not sold. The rights granted to you as a User are based on a licence, (right of use) not on the transfer of ownership of a title, i.e. software.
With this Agreement, KnowledgeFox GmbH grants the personal, nonexclusive, and nontransferable right (permission to use the product) to use KnowledgeFox®. Any further rights of use are held by KnowledgeFox GmbH and are expressly reserved, particularly all property rights and copyrights as well as other rights to intangible goods. Please note: as a User, you may not copy the software or grant any sublicenses.
KnowledgeFox GmbH maintains the ownership of all rights and intellectual property rights to KnowledgeFox® (including, but not limited to, images, photographs, animations, video, audio, music, text and Applets, which are included in KnowledgeFox®), to the accompanying printed materials and to every copy of KnowledgeFox®. With regard to content (Microcontent) that can be accessed using KnowledgeFox®, the property rights and intellectual property rights belong to the respective content owners and may be protected by applicable copyright laws and other laws and agreements on intellectual property. This Agreement does not grant you any right to use such content for anything other than your personal learning purposes. All rights not expressly granted in this Agreement are reserved by KnowledgeFox GmbH or the respective owner of the learning content (Microcontent).
KFOX grants the User the licence to use the documentation accompanying the KnowledgeFox® Software solely for personal, internal and non-commercial reference purposes.
The User is neither entitled to make copies of the Software, nor to rent, lease or lend the Software, nor to use it for the provision of commercial hosting services, nor to transfer the Software from one computer to another by electronic means or via a network. The User is neither entitled to reverse engineer, decompile or disassemble the Software, nor to carry out reverse engineering in general, nor attempt to determine the source code of the Software, except where and insofar as this restriction is prohibited by applicable law.
The KnowledgeFox® Software is licensed as an integrative client-server product. The User does not have the right to separate its components for use on more than one device even in the event that not all components of the Software are used. Excepted are such cases where, for operational purposes, component parts of the Software must be installed jointly on a storage device (e.g., a network server) as well as on a separate device in order to be able to use the Software.
The User must be in possession of a valid licence for the preceding version in order to use a version of the Software designated as an update or upgrade. Following installation of the update or upgrade, the User is no longer authorized to use the original Software constituting the prerequisite entitling the User to the update or upgrade, unless as part of the Software in the form supplemented by the update or upgrade.
Test licences or pilot projects solely permit the use of the Software for testing and evaluation of the Software during the test period. The User is not entitled to any other form of usage.
The KFOX guarantees KnowledgeFox® to be free of faults and basically usable according to current state-of-the-art technology, provided the User is in possession of a valid licence for the Software. We shall not grant any guarantee for errors, malfunctions or damage due to improper operation, faulty installation, altered operating system components, interfaces and parameters, the use of inappropriate organizational aids and data media insofar as they are required, as well as parameter modifications effected by you or a third party. KnowledgeFox GmbH shall assume no guarantee for learning progress or testing success.
The User acknowledges that, due to the multitude of possible system configurations and the interaction of different programs and their configuration settings, the creation of entirely flawless software is not possible. This may mean that, under certain circumstances, the functions and working capacity of the Software may be limited or not at all useable due to the system configuration of the User device. No property, nor the availability or operability of the Software for a specific use is guaranteed. In particular, no guarantee is granted that the Software shall be suitable and useable for the Users intended purpose, regardless of the circumstances. As the User, you hereby confirm to us that you are authorized to install our Software on your usage device.
3. DATA PROTECTION
You hereby expressly agree that KnowledgeFox® will collect, store, use and process data and information (such as names, learning statistics, e-mail addresses or other user-related data) and that these can be processed in your company as well as in associated companies. You take notice that, insofar as KnowledgeFox® makes use of third parties to fulfill its contractual or extra-contractual duties, the data collected for fulfilling these duties can be transferred to such parties. Examples of such third parties are affiliated companies, subsidiaries or parent companies, sales representatives and business partners. Personal data shall be collected only to the extent necessary.
Under no circumstances shall the collected data be sold to third parties or passed on for reasons other than those mentioned above. KnowledgeFox GmbH employs a strict protection of all your personal data. However, we point out that data transfer on the Internet can entail security gaps. Complete protection of data from third-party access is not possible. In order to be able to use KnowledgeFox®, you must indicate an e-mail address. Your e-mail address will not be passed on to third parties, except for the use cases listed above. The misuse of your e-mail address for advertising purposes or sending spam is thus expressly ruled out.
4. EXCLUSION OF GUARANTEES
Neither KnowledgeFox GmbH nor its sales representatives, business partners or employees shall make a promise of guarantee in this Agreement, in other correspondence or public broadcasts regarding KnowledgeFox®, in particular concerning: A. The description, quality, non-infringement of intellectual property rights, completeness, functionality of the Software for a specific use or purpose or any legal title to the Software other than the statements we have made in our authorized product documentation. B. The ability of the Software to work flawlessly in all environments and combinations.
5. LIMITATION ON LIABILITY
Interactions between you as the User and KnowledgeFox® shall take place at your sole expense and liability (e.g., confirming a selection the dialog box, deleting files, changing configuration settings, installing and uninstalling of programs etc.). To the greatest extent possible permitted by applicable law, KnowledgeFox GmbH rejects any and all liability for any extraordinary, incidental, indirect or consequential damages (including, but not limited to, damage from lost profits, interruption of business, loss of business information or any other kind of financial loss) that arise due to your use of KnowledgeFox® or the fact that the Software cannot be used or due to the performance or non-performance of support services; this provision also applies even in the event that KFOX has not pointed out the possibility of such damages beforehand.
The liability of KnowledgeFox GmbH shall always be limited to the amount actually paid by you for the products. This limitation on liability shall not apply to claims based on the Product Liability Act.
Irrespective of all other rights, KnowledgeFox GmbH is entitled to terminate this licence contract in the event that you violate the conditions of this Agreement. In such a case, you are required to destroy all copies of KnowledgeFox® and all of its components that are in your possession.
7. AREA OF APPLICATION AND SEVERABILITY CLAUSE This EULA shall also apply, subject to special terms and conditions, to updates and upgrades, supplements, add-on components or Internet-based service components for the Software such as KFOX may provide or make available to the User after the User has purchased an original copy of the Software.
KFOX reserves the right to change or discontinue without prior notice any Internet-based services that are provided to the User or are made available through use of the Software.
In the event that individual provisions of this Agreement are invalid or unfeasible, or become invalid or unfeasible after conclusion of the Agreement, this shall not affect the validity of the Agreement as a whole. In place of the invalid or unfeasible provision, a valid and feasible regulation should be adopted that most closely approximates the business objectives pursued by the contractual parties in the invalid or unfeasible provision. The aforementioned provisions shall apply correspondingly in the event that the Agreement turns out to be incomplete.