THEREFORE END USER LICENSE AGREEMENT – valid only in Australia and New Zealand
Therefore License Agreement
1. Grant of License
1.1 This is a legal agreement between you and Therefore Corporation GmbH (“Therefore Corporation”). The terms of this agreement govern your use of this program. By installing and/or using this program, you are agreeing to be bound by this agreement. If you do not agree to the terms of this agreement, please immediately erase the program package from your computer memory.
1.2 By means of your payment of the license fee, which is your purchase price for the program, Therefore Corporation grants to you a non-exclusive right to use the software on one or more computers depending on, and as described in, your License Information you received. You are allowed to use the program within the scope of the application package and of your internal business operations. Subject to the restrictions specified in clause 2.1 below, you may make as many copies as you need for archival use; that is, for the sole purpose of backing up your program and protecting your investment from loss, as long as the archival copy contains the same proprietary notices as appear in this program.
1.3 Therefore Corporation and other licensors retain their ownership and intellectual property rights. Therefore Corporation retains ownership of the program, both the original as well as all subsequent copies made. This license is not a sale of the original program or of any copy. This program is only licensed to you and the program, any services or an interest in them may not be transferred, transferred by timesharing, by subscription or by outsourcing assigned, rented, leased, sold, hosted or otherwise disposed of to anyone else.
1.4 You have the right to permit agents, contractors and outsourcers to use the program on behalf of you and subject to this license agreement. You are responsible for the usage of the agents, contractors and outsourcers.
1.5 Therefore Corporation has the right to audit your use of the program, whereby you are obliged to facilitate such audit in any reasonable manner.
1.6 Canon, Microsoft, EMC, Oracle, Adobe, and IRIS are licensors.
1.7 For the purpose of determining the number of users as defined in the Licence Information, each user who has direct or indirect access to the software via additional hardware or software components (multiplexing) shall be deemed a User.
2.1 The program is protected by copyright law and international treaty provisions. Unauthorized copying of the program is expressly forbidden. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the program. You may use the third party components only in connection with the program.
2.2 You are not allowed to remove any markings or notices of property rights.
2.3 You are not allowed to publish any results of benchmark tests run on the program or its components.
2.4 You are obliged to comply fully with all relevant export laws and regulations of the United States and other applicable export and import laws to assure that neither the programs, nor any direct product thereof, are exported, directly or indirectly, in violation of applicable laws.
2.5 You are not allowed to make the program available for use in a third party`s business operation.
2.6 You may be held legally liable for any copyright infringement caused by your failure to abide by the terms of this agreement.
This license agreement will terminate automatically without notice from Therefore Corporation if you fail to comply with any provisions of this license agreement. Upon termination you shall destroy all copies of the program.
4. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS PROGRAM IS DELIVERED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND BY EITHER THEREFORE CORPORATION OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE PROGRAM, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
5. Limitation of Liability
5.1 UNDER NO CIRCUMSTANCES SHALL THEREFORE CORPORATION OR ANOTHER LICENSOR BE LIABLE TO YOU ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR ANY LOSS OF PROFITS, DATA, DATA USE OR FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, OR FOR ANY DAMAGES OR SUMS PAID BY YOU TO THIRD PARTIES, EVEN IF THEREFORE CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2 Based on this license agreement you have no claims against another licensor than Therefore Corporation.
6. Governing Law and Jurisdiction
This Agreement and all agreements arising from them shall be governed exclusively by English law and the parties submit to the exclusive jurisdiction of the English Courts; however, non-excluding the jurisdiction of Austrian courts. You consent to the jurisdiction of the English courts for all disputes related to this agreement.