L-S-B GmbH Software License Agreement

Please read this license carefully before opening the package or using the software. By opening the package or using the software, you are agreeing to be bound by the terms of this license. If you do not agree to the terms of this license, promptly return the unused software to the place where you obtained it and your money will be refunded. L-S-B GmbH software is licensed not sold.

1. License
The application, system, and other software accompanying this License, whether on disk, in read-only memory, or on any other media (the “L-S-B Software”); the related documentation; are licensed to you by L-S-B Corporation, a corporation organised under the laws of Germany (hereinafter referred to as “L-S-B”). You own the medium on which the L-S-B Software are recorded, but L-S-B and/or L-S-B’s Licensor(s) retain title to the L-S-B Software and related documentation. This License allows you to use the L-S-B Software on a single hardware product, computer or CPU and only make one copy of the L-S-B Software in machine-readable form for backup purposes only. You must reproduce on such copy the L-S-B copyright notice and any other proprietary legends that were on the original copy of the L-S-B Software. You may also transfer all your license rights in the L-S-B Software, the backup copy of the L-S-B Software, the related documentation, and a copy of this License to another party, with L-S-B’s consent which shall be deemed given provided the other party agrees to be bound by the terms and conditions of a license identical to this License.

2. Restrictions
The L-S-B Software contains copyrighted material, trade secrets, and other proprietary material. In order to protect them, and except as permitted by applicable law, you may not decompile, reverse engineer, disassemble, or otherwise reduce the L-S-B Software to a human-perceivable form; copy, modify, network, or distribute the L-S-B Software; or rent, lease, loan, the L-S-B Software alone, or create derivative works based upon the L-S-B Software or related documentation in whole or in part other than as expressly permitted by applicable legislation.  You may not electronically transmit the L-S-B Software from one computer to another or over a network.

3. Termination
This License is effective until terminated. You may terminate this License at any time by destroying the L-S-B Software, related documentation, and all copies thereof. This License will terminate immediately without notice from L-S-B or any company within the L-S-B group of companies. if you fail to comply with any provision of this License. Upon termination you must destroy the L-S-B Software, related documentation, and all copies thereof. Upon termination you shall remain subject to the provisions, restrictions, and exclusions in this License Agreement and shall have no right to any refund of any amounts paid for the L-S-B Software. No termination shall release you from liability for any breach of this License Agreement.

4. Limited Warranty on Media
L-S-B warrants the diskettes and/or compact discs or media on which the L-S-B Software are recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. During the applicable warranty period, L-S-B will repair (or at its option replace) free of charge such diskettes and/or compact discs or media that prove defective provided they are returned properly packaged to the local national L-S-B sales company, all transportation charges prepaid, together with your name, address, and telephone number, a description of the problem, and proof of date of purchase. All diskettes and/or compact discs or media replaced under warranty become the property of L-S-B. L-S-B will have no responsibility to replace a diskette and/or compact disc or media damaged by accident, abuse, or misapplication. ANY IMPLIED WARRANTIES AND/OR CONDITIONS ON THE DISKETTES AND/OR COMPACT DISCS OR MEDIA, INCLUDING THE IMPLIED WARRANTIES AND/OR CONDITIONS OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. The above limited warranty is in lieu of all other representations, conditions and warranties, whether express or implied, by statute or otherwise and L-S-B EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND ALL CONDITIONS INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING L-S-B PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY L-S-B’S NEGLIGENCE.

5. Disclaimer of Warranty on L-S-B Software
You expressly acknowledge and agree that use of the L-S-B Software is at your sole risk. The L-S-B Software, related documentation, are provided “AS IS” and without warranty of any kind and L-S-B EXPRESSLY DISCLAIM ALL WARRANTIES AND / OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. L-S-B DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE L-S-B SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE L-S-B SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, L-S-B DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE L-S-B SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY L-S-B OR AN L-S-B- AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY LIMIT THIS DISCLAIMER.
 
L-S-B’s aggregate liability in respect of any single event or series of events whether as a result of negligence, breach of contract, misrepresentation, or otherwise shall in no circumstances exceed the cost of the defective, damaged, or undelivered product determined by the net invoiced price. Save as expressly provided to the contrary, all conditions, warranties, and representations expressed or implied by statute, law, or otherwise in relation to any L-S-B Software are hereby excluded, and L-S-B shall be under no liability for any loss, damage or injury, direct or indirect, resulting from defective material, faulty workmanship, or otherwise howsoever. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING L-S-B SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS. NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY L-S-B’S NEGLIGENCE.

6. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL L-S-B BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE L-S-B SOFTWARE OR RELATED DOCUMENTATION, EVEN IF L-S-B OR AN L-S-B-AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall L-S-B’s total liability to you for all damages, losses, and causes of action (whether in contract, tort [including negligence], or otherwise) exceed the amount paid by you for the L-S-B Software.

7. Controlling Law and Severability
This License shall be governed by and construed in accordance with the laws of [England, the Republic of France, Germany]. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.

8. Acknowledgement
You acknowledge that you have read this License Agreement and Limited Warranty, understand them, and agree to be bound by their terms and conditions. You also agree that the License Agreement and Limited Warranty are the complete and exclusive statement of agreement between the parties and supersede all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of the License Agreement or the Limited Warranty. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorised representative of L-S-B.