DigitalRune Non-Commercial License Agreement

November 02, 2008, Version 1.1

Important! Read carefully: The DigitalRune Non-Commercial License Agreement (hereinafter, this Agreement) is a legal agreement. To qualify for this Agreement, you must use the Software only for non-commercial purposes and be a Non-Commercial Entity as defined herein. Commercial use of the Software is not permitted under this Agreement. By downloading, installing, or otherwise using the Software, you (Licensee as defined below) become a party of this Agreement and you agree to be bound by all terms and conditions of this Agreement.

If you do not qualify for this Agreement or you do not agree to the terms and conditions of this License, do not download, install or use the Software.

1. Parties

(a) “Licensee” means a Non-Commercial Entity (as defined in Paragraph 2 (b)), exercising rights under and complying with all of the terms of this Agreement.

(b) “Licensor” means Garstenauer Information Technology OG, having its principal place of business at Weingartenstraße 35, 4452 Ternberg, Austria.

2. Definitions

(a) “Software” means the software program and libraries provided by the Licensor, including its documentation and associated media, any third party software that is either integrated with or made part of the software program or libraries, and any modification, correction, enhancement, deletion or substitution (collectively, upgrades) that may be supplied by the Licensor.

(b) The term “Non-Commercial Entity” is limited to the following:

  • individual users who use the Software for personal use (such as hobby, recreational, or educational purposes),
  • students, faculty members, researches, administrators, support staff, and employees of a university when acting in this capacity,
  • university or other educational institutes, and
  • non-profit organizations (such as public libraries, charities, and other organizations created for the promotion of social welfare).

(c) “License Key” means a unique key-code that enables the Licensee to use the Software. Only the Licensor and/or its representatives are permitted to produce License Keys for the Software.

3. Ownership

(a) The Software is the property of the Licensor. The Software is licensed for use, not sold. Title and copyrights to the Software, in whole and in part, all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are and will remain, the sole and exclusive property of the Licensor.

(b) The Software is protected by copyright and other intellectual property rights. All rights to patents, copyrights, or any other intellectual property rights shall remain with the Licensor, or their respective owner.

4. Grant of License

The Licensor herby grants to the Licensee a non-exclusive, non-transferable license to use the Software free of charge for non-commercial purposes only on the following terms.

5. Permitted Uses

The Licensee may:

(a) install and use the Software for non-commercial purposes,

(b) use the Software on more than one computer, provided that it is used only by the Licensee, and

(c) make one additional copy of the Software for backup purposes.

6. Prohibited Uses

The Licensee may not:

(a) use the Software for commercial purposes;

(b) sell, give, lend, rent, lease, sublicense or otherwise transfer the Software, or any portions of the Software to anyone without the prior written permission of the Licensor;

(c) decompile, disassemble, modify, translate or otherwise reverse engineer the Software to discover any source code or underlying algorithms of the Software.

For the avoidance of doubt, the following are considered examples of commercial uses of the Software:

  • use at or for a commercial enterprise;
  • use for financial gain, personal or otherwise;
  • use by government agencies;
  • use at home or while traveling for work for which You will be paid;
  • use in connection with a professional service for which you are compensated;
  • bundling or integrating the Software with any commercial product.

7. Redistributable Components

The Licensor grants to the Licensee the non-exclusive, royalty-free right to reproduce and distribute those portions of the Software which are identified in the documentation as “redistributable components” (the “Redistributables”), if any, under the following terms:

(a) The Licensee distributes the Redistributables in object code form only in conjunction with and as part of its software application product which adds significant and primary functionality, and is NOT a product that provides substantially the same functionality as or competes with the Software.

(b) The Licensee may not use the Software in a commercial product or a product that directly or indirectly creates an income without a separate commercial license from the Licensor.

(c) The Licensee must include a valid copyright notice with that software product.

(d) The Licensee agrees to indemnify, hold harmless, and defend the Licensor from and against any and all liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees)  arising from or related to any claim, action, proceeding or allegation that arises or results, either directly or indirectly, from the use and distribution of any of the Licensee’s software products or components.

8. Support and Upgrades

The Licensor is under no obligation to maintain, support, or update the Software in any way, or to provide updates or error corrections.

9. Confidentiality

The Software and any License Keys are confidential and proprietary information of the Licensor. The Licensee agrees to take adequate steps to protect the Software and any License Keys, if any, from unauthorized disclosure or use. The Licensee will not disclose the Software, in source code or object code form, to any third party, except as otherwise provided herein.

10. Limited Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF ACCURACY, COMPLETENESS, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

11. Limitation of Liabilities

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Termination

This Agreement will terminate immediately without notice from the Licensor if the Licensee fails to comply with any of the terms and conditions hereof. Upon termination of this Agreement, the Licensee must delete the Software from its computers and archives.

13. Applicable Law

This Agreement shall be construed pursuant to the laws of the Republic of Austria. The courts of Austria shall have exclusive jurisdiction.

14. General

(a) The Licensor reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.

(b) Titles are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. If any term or provision of this Agreement should be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or provision or part shall to that extent be deemed not to form part of this license, but the validity of the remainder of this Agreement shall not be affected.

(c) This Agreement may only be modified in writing signed by both the Licensee and the Licensor.