End-User License Agreement
THE FOLLOWING LICENSE AGREEMENT REGULATES ALL USE OF THE MART FOR EXCEL ADD-IN (“MART ADD-IN”).
This is a legal agreement between You (either an individual or an entity, “Licensee”) and MART Software GmbH. You should read the following terms and conditions carefully before using this software, as your use of MART ADD-IN is your acceptance of this License Agreement and Warranty. If Licensee does not accept and agree to the terms and conditions of this Agreement, MART Software GmbH is unwilling to license the Software contained herein to Licensee. In that case, do not install, access or use the Software; rather, delete the Software from your computer or network in whatever form(s) it exists.
GRANT OF LICENSE
This End-User License Agreement (“Agreement”) permits you to use one copy of MART ADD-IN on one workstation or thin client/server terminal running Microsoft(R) Windows(TM). A separate License is required for each copy of MART ADD-IN that has been installed even if it is not currently in use. MART ADD-IN has been “installed” on a computer when it has been loaded into the temporary memory (i.e. RAM) or copied onto the permanent memory (e.g. hard disk, CD-ROM or other storage device) of that computer or if it has been accessed by a thin client/server terminal.
You may have access to MART ADD-IN through a network, provided that you have obtained individual Licenses for the software covering all workstations and thin client/server terminals that will access the software. Note that each workstation and thin client/server terminal must have its own License regardless of whether MART ADD-IN is being used on all computers concurrently.
As shipped, MART ADD-IN has full functionality for an evaluation period of fifteen (15) days from first use. After this period has expired, you must obtain a License to continue using the software. When you obtain a License, you receive a Serial Number that must be activated and associated with a machine with the MART ADD-IN or via Email. You are entitled to a single serial number for each Licensed copy of MART ADD-IN.
If you have purchased and activated a perpetual License, this License will continue in perpetuity. If you have purchased a subscription License, this License will continue for the term of the subscription you purchased.
COPYRIGHT
MART ADD-IN is owned by MART Software GmbH and is protected by copyright laws and international treaty provisions. You may distribute MART ADD-IN subject to the Rights and Limitations and as set out under the Distribution provision below.
DISTRIBUTION
You may not sell, rent, loan, lease or sub-license MART ADD-IN in any manner. You are permitted to distribute copies of MART ADD-IN at no charge provided this Agreement accompanies all copies of MART ADD-IN. This License will apply to all copies of MART ADD-IN. All copies of MART ADD-IN which are distributed will have full functionality for a period of fifteen (15) days from first use. After this period has expired, users must obtain a valid License to continue using the software. When you obtain a License, you receive a Serial Number that must be activated and associated with a machine with the MART ADD-IN or via Email. You are entitled to a single serial number for each Licensed copy of MART ADD-IN.
RIGHTS AND LIMITATIONS
You may not reverse engineer, decompile, disassemble, modify, translate or make any attempt to discover the source code of MART ADD-IN. You may not create derivative works from MART ADD-IN. You may not sublicense, rent or lease MART ADD-IN. You may not assign or transfer your License to a third party. You may not attempt to bypass or defer activation of your License. You may not attempt to extend the evaluation period of MART ADD-IN.
LIMITED WARRANTY
MART Software GmbH warrants that MART ADD-IN will perform substantially in accordance with the user documentation for a period of thirty (30) days from the date of receipt. Any implied warranties on MART ADD-IN are limited to thirty (30) days.
NO OTHER WARRANTIES
Except for the warranty set out above, MART Software GmbH does not warrant that the functions contained within MART ADD-IN will meet your requirements or that the operation of the software will be uninterrupted or error free and you receive no other warranties, conditions or representations, express or implied, statutory or otherwise, and without limitation the implied terms of merchantability and fitness for a particular purpose are excluded.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event will MART Software GmbH be liable for any special, consequential, indirect or similar damages, including any lost profits or lost data arising out of the use or inability to use MART ADD-IN howsoever caused and whether arising under contract, tort including negligence or otherwise even if MART Software GmbH has been advised of the possibility of such damages. In the event of any other losses, or if any exclusion, disclaimer or other provision contained in this License is held invalid for any reason then the liability of MART Software GmbH will be limited to the cost of this License.
SUPPORT AND MAINTENANCE
Grant of this License does not imply continued support or maintenance of this software by MART Software GmbH.
NO VARIATION
The terms and conditions of this License may not be varied without the express written consent MART Software GmbH.
BREACH BY LICENSEE
Any breach of the terms and conditions of this License by the licensee will result in immediate termination of the licensees’ rights under this License. However, while a breach limits the rights of the licensee to use MART ADD-IN, it in no way limits the continuing obligations of the licensee with respect to this License. In the event of a breach, all MART ADD-IN software and documentation must be returned to MART Software GmbH and all traces of MART ADD-IN software must be deleted from computers owned or operated by the licensee. Categories of damages include, but are not limited to, lost profits on the part of MART Software GmbH.
APPLICABLE LAW
This License is governed by the Laws of Germany.