License Agreement and Disclaimer
Copyright (c) 2022 KUHN SOLUTIONS, Daniel Kuhn
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the same
meaning regardless of whether they appear in singular or in plural.
For the purposes of this End-User License Agreement:
* Agreement means this End-User License Agreement that forms the entire
agreement between You and the Company regarding the use of the
* Application (referred to as either “Software” or “SOFTWARE ” in this
Agreement) means the software program provided by the Company downloaded
by You to a Device, named ContourTrace
* Company (referred to as either “the Company”, “We”, “Us” or “Our” in this
Agreement) refers to KUHN SOLUTIONS, Daniel Kuhn, Raitenaugasse 6, 78462 Constance.
* Content refers to content such as text, images, or other information that
can be posted, uploaded, linked to or otherwise made available by You,
regardless of the form of that content.
* Country refers to: Germany
* Device means any device that can access the Application such as a
computer, a cellphone or a digital tablet.
* Third-Party Services means any services or content (including data,
information, applications and other products services) provided by a
third-party that may be displayed, included or made available by the
* You means the individual accessing or using the Application or the
company, or other legal entity on behalf of which such individual is
accessing or using the Application, as applicable.
By receiving, opening the file package, and/or using ContourTrace(“Software”) containing this software, you agree that this End User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license Agreement signed by the Company your use of ContourTrace indicates your acceptance of this license Agreement and warranty.
Subject to the terms of this Agreement, the Company grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use ContourTrace in accordance with this Agreement and any other written Agreement with the Company. We do not transfer the title of ContourTrace to you, the license granted to you is not a sale. This Agreement is a binding legal agreement between the Company and the purchasers or users of ContourTrace.
If you do not agree to be bound by this Agreement, remove ContourTrace from your computer now and, if applicable, promptly return to Us by mail any copies of ContourTrace and related documentation and packaging in your possession.
ContourTrace and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of ContourTrace contact Us.
3. USER AGREEMENT
Your license to use ContourTrace is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of ContourTrace.
3.2 Use Restrictions
You shall use ContourTrace in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of ContourTrace together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of ContourTrace may be used on one single computer location by one user. Use of ContourTrace means that you have loaded, installed, or run ContourTrace on a computer or similar device. If you install ContourTrace onto a multi-user platform, server or network, each and every individual user of ContourTrace must be licensed separately.
You may make one copy of ContourTrace for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of ContourTrace. The assignment, sublicense, networking, sale, or distribution of copies of ContourTrace are strictly forbidden without the prior written consent of the Company. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of ContourTrace. If any person other than yourself uses ContourTrace registered in your name, regardless of whether it is at the same time or different times, then this Agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets, algorithms and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile ContourTrace. Nor can you create any derivative works or other works that are based upon or derived from ContourTrace in whole or in part.
The Company’s name, logo and graphics file that represents ContourTrace shall not be used in any way to promote products developed with ContourTrace. The Company retains sole and exclusive ownership of all right, title and interest in and to ContourTrace and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of ContourTrace, products and services. No program, code, algorithms, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for the Company.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend the Company, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of the Company’s Software.
In no event (including, without limitation, in the event of negligence) will the Company, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, ContourTrace or the use or inability to use ContourTrace or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
The Company’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by the Company) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to the Company.
Except as expressly stated in writing, the Company makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the Federal Republic of Germany applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Federal Republic of Germany therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of ContourTrace and destroy all copies of ContourTrace supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY ContourTrace AS WELL.
5. CONSENT OF USE OF DATA
You agree that the Company may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to ContourTrace. The Company may also use this information to provide notices to you which may be of use or interest to you.
6. Third-Party Services
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable Third parties’ Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ Terms and conditions.
Further terms and licenses for third-party services and software can be found in the application installation path in the “License Agreements” folder. The list has been compiled to the best of our knowledge and belief, but does not guarantee that it is current or complete.
7. Update and Maintenance
The Company shall provide updates and maintenance on a monthly basis or as-needed basis.
The Company has no obligation to Application support, or to continue providing or updating any of the Application.