Terms of use

License Agreement for the full version

KnowHowDB - KnowHowDataBase
Copyright © 2000-2008
Incite GmbH
All rights reserved

This License Agreement applies to the licensed version of KnowHowDB. Please read through the following provisions carefully before installing the program. If you have not concluded any differently worded License Agreement with Incite GmbH in writing, you declare, by using, passing on or installing this copy of the KnowHowDB software, that you are in agreement with the provisions of this License Agreement.

If you are not in agreement with any of the provisions listed below,

• you may not install, use or pass on this copy of the KnowHowDB software and
• you may, if you have paid Incite GmbH or an authorised Incite GmbH sales partner for this copy, return to Incite GmbH or to the sales partner the unused copy within a period of fifteen (15) days as of the date of purchase and present the purchase receipt to receive a full refund of the sales price.

You hereby acknowledge that you acquire this KnowHowDB license only from Incite GmbH.

Scope of License

This copy of the KnowHowDB software may be installed by one single individual on one or more computers and used only by this individual or may be installed on one single workstation and used by several persons on this one workstation. It is not permitted to install the software on several computers used simultaneously by several persons.

If you wish to install this copy of the KnowHowDB software on a network, you must acquire a separate KnowHowDB license for each workstation which accesses the software via the network. For instance, if eight (8) workstations are able to access the KnowHowDB software in a network, each of these workstations requires its own KnowHowDB license, regardless of whether access occurs simultaneously or at differing times.

You may make one back-up copy of the software provided this copy is required for future personal use of the software.

Changing or modifying the software by you yourself or third parties with your consent is not permitted. Incite GmbH expressly forbids use of the KnowHowDB software in applications or systems in which malfunctions of this software could entail injury to life, limb or health as far as can be judged and allowing for all circumstances and conditions under which the KnowHowDB software is used or is to be used. The program may be used in such an environment solely at your own risk and at the risk of the persons affected.

You hereby undertake to exempt Incite GmbH and its licensors from all third-party claims for damages, including all legal expenses and lawyer's fees arising for Incite GmbH and its licensors from such unauthorised use of the KnowHowDB software.

Incite GmbH exclusively reserves all rights of whatever nature in respect of the KnowHowDB software not expressly transferred to you with this License Agreement. You are not entitled to rent out or loan the KnowHowDB software even by software leasing. Moreover, you are not entitled to change, compile, reverse-engineer or decompile the KnowHowDB software, disassemble it and/or use it as the basis for writing your own software programs.

Disclaimer of warranty

The warranties expressly set forth in this agreement replace all other warranties. Incite GmbH and its suppliers expressly disclaim all other warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose and noninfringement of third-party rights with respect to the software or media, and any warranties of non-interference or accuracy of informational content. No Incite GmbH dealer, agent, or employee is authorized to make any modification, extension, or addition to this warranty. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation of liability

In no event will Incite GmbH or its suppliers be liable for any costs of procurement of substitute products or services, lost profits, loss of information or data, or any other special, indirect, consequential, or incidental damages arising in any way out of the sale of, use of, or inability to use any Incite GmbH product or service, even if Incite GmbH has been advised of the possibility of such damages. In no case shall Incite GmbH and its suppliers total liability exceed the actual money paid for the Incite GmbH product or service giving rise to the liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The above limitations will not apply in case of personal injury where and to the extent that applicable law requires such liability.

Important: The use of the KnowHowDB software in applications or systems in which malfunctions of this software could entail injuries to life, limb or health as far as can be judged and allowing for all circumstances and conditions under which the KnowHowDB software is used or is to be used is expressly forbidden by Incite GmbH. The program may be used in such an environment solely at your own risk and at the risk of the persons affected.

You are urgently advised to test the KnowHowDB software extensively in a non-critical environment in real-time operation prior to actual use, as with any other software package. You shall bear the entire risk for cases in which the KnowHowDB software can be used for the purposes endeavoured by you.

Place of Jurisdiction

The location of Incite GmbH in Switzerland shall be the sole court of jurisdiction for all disputes resulting from this License Agreement.

Applicable Law

Only Swiss law shall apply to this Agreement.

Agreement interpretation

In case of obscurities and/or discrepancies between the German and another language of these terms of use, the german text is authoritative.