END-USER LICENSE AGREEMENT (EULA) FOR
EAM Data Management Tool for IBM Maximo/Maximo Data Manager1)
IMPORTANT! PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL OR USE:
EAM SOFTWARE GMBH End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and EAM SOFTWARE GMBH for the EAM SOFTWARE GMBH software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and EAM SOFTWARE GMBH, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The EAM Data Management Tool for IBM Maximo/Maximo Data Manager uses the JExcelApi Library which is issued under the GNU Lesser General Public License Version 3.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) General Installation and Use. EAM SOFTWARE GMBH grants you the right to install and use the SOFTWARE PRODUCT within ONE system installation. You can install the SOFTWARE PRODUCT in one System and use the SOFTWARE PRODUCT as an add on to IBM Maximo1) applications or other IBM Tivoli1) products based on the Tivoli Process Automation Engine (TPAE).
(b) Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
(c) Installation or Use in more than one System You may not install or use the SOFTWARE PRODUCT in more than one System without the written Agreement from EAM SOFTWARE GMBH. Excluded from this regulation are test environments.
(d) Use within timely Limitations If there is nothing defined in the purchase process concerning a limited or unlimited time period where the product can be used, the timely limitation is defined on 1 year after purchase date. It is not allowed to use the SOFTWARE PRODUCT after this limitation without a written Agreement from EAM SOFTWARE GMBH.
(e) Use in different Applications The use of the product is limited to defined applications within one system. For each assignment of the SOFTWARE PRODUCT to an IBM Maximo1) application one license has to be bought at EAM SOFTWARE GMBH. Any custom applications within Maximo also count as one separate application. If you assign the SOFTWARE PRODUCT to more than one application with the same Maximo Business Object (MBO), this assignment counts as one assignment and needs only one license. It is only allowed to use the SOFTWARE PRODUCT in the defined applications. The list of allowed applications or the general permission to use the product in all applications is defined in the buying process or in a separate written Agreement from EAM SOFTWARE GMBH.
(f) Use of separate Add On Components Separate Add On Components for the SOFTWARE PRODUCT such as special import/export functionality for specification data are available. For each Add On Component of the SOFTWARE PRODUCT a separate license has to be bought at EAM SOFTWARE GMBH. The list of allowed Add On Components is defined in the buying process or in a separate written Agreement from EAM SOFTWARE GMBH.
(g) Use in growing Systems The license costs are coupled to the number and type of users in the system. If the number of users in the target system grows more than 25 % since the purchase date, EAM SOFTWARE GMBH has to be informed about this fact. EAM SOFTWARE GMBH can allow the use in the extended system or send the customer an appropriate quotation for the use in the extended system. If there will be no amicable arrangement concerning additional license cost, EAM SOFTWARE GMBH can revoke the right to use the licenses. This point can be contracted in the other way in the purchasing process.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any or all copies of the SOFTWARE PRODUCT.
(b) Distribution. You may not distribute copies of the SOFTWARE PRODUCT to third parties without the written Agreement from EAM SOFTWARE GMBH.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services. EAM SOFTWARE GMBH may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
Without prejudice to any other rights, EAM SOFTWARE GMBH may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by EAM SOFTWARE GMBH or its suppliers. The EAM Data Management Tool for IBM Maximo/Maximo Data Manager uses the JExcelApi Library Library which is issued under the GNU Lesser General Public License Version 3.
All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by EAM SOFTWARE GMBH.
5. NO WARRANTIES
EAM SOFTWARE GMBH expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. EAM Software GmbH does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. EAM SOFTWARE GMBH further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall EAM SOFTWARE GMBH be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if EAM SOFTWARE GMBH has been advised of the possibility of such damages. In no event will EAM SOFTWARE GMBH be liable for loss or damage of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. EAM SOFTWARE GMBH shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
7. SEVERANCE CLAUSE
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.
1) IBM, Maximo, Tivoli, the IBM Logo and ibm.com are trademarks or registered trademarks of International Business Machines Corp.
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