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Incite GmbH
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Microsoft Registered Partner

SwissMadeSoftware

Innovationspreis 2009

Terms of use

License Agreement for the demo version

KnowHowDB - KnowHowDataBase
Copyright © 2000-2009
Incite GmbH
All rights reserved

Please read carefully through the following provisions of this Test License before installing the software or passing it on to a third party. By using, passing on, duplicating or installing this copy of the KnowHowDB software, you hereby acknowledge that you are in agreement with the provisions of this License Agreement. If you are not in agreement with any provision of this License Agreement, you may not install, use, duplicate or pass on this KnowHowDB software. You hereby acknowledge that you acquire this KnowHowDB license solely from Incite GmbH.

Scope of License

In accordance with the provisions given below, Incite GmbH grants you, pursuant to this license, the right to test this software for entering a max. amount of 30 data records free of charge.

In order to be able to use KnowHowDB for entering more than 30 data records covered by this license, you must purchase a separately licensed KnowHowDB version for a fee. You must pay a registration fee (license fee) to Incite GmbH for this. Please refer to the KnowHowDB website at address http://www.Incite.ch for all information on the license fee amount and for online orders and multi-user licenses.

The KnowHowDB software is subject to copyright. Any use of a non-registered copy of KnowHowDB for entering more than 30 date records constitutes a violation of the exclusivity rights of Incite GmbH or its licensors in respect of this software.

Distribution rights under the test license: moreover, with this license, you may

  • a) pass on exact copies of this KnowHowDB test version personally to any person provided this is not for the purpose to increase the amount of max. 30 data records;
  • b) disseminate exact copies of this KnowHowDB test version provided this is done solely electronically, and
  • c) make any number of exact copies of this KnowHowDB test version for the purposes of passing on the software described in (a) and (b).

You are expressly forbidden from passing on copies of this KnowHowDB test version, of whatever nature, with other products in return for a fee or donation without the prior written approval of Incite GmbH or its licensors. Incite GmbH and its licensors hereby reserve the right to revoke the right to pass on the KnowHowDB test version granted above at any time and without specifying a reason.

The software may not be changed or modified by you yourself or third parties with your consent. 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 and its licensors exclusively reserve all rights 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.

 

Copyright ©2010 Incite GmbH. All rights reserved. 11.01.2010.