datenwerke
Jan Albrecht
Adolfsallee 41
65185 Wiesbaden
www.datenwerke.net
USt-ID: DE 2 13 09 10 32

ReportServer Enterprise Edition - Terms and conditions

1. Preamble:

This Agreement governs the relationship between the customer, a Business Entity, (hereinafter: Licensee) and datenwerke Jan Albrecht, a duly registered company in whose principal place of business is Adolfsallee 41, 65185 Wiesbaden, Germany (hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using ReportServer Enterprise Edition (hereinafter: The Software) created and owned by Licensor, as detailed herein.

2. License Grant:

Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable, Pepetual, Commercial, Royalty free, Without the rights to create derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.

3. Ownership & Copyright:

Licensee acknowledges that all copies of the Software in any form are the sole property of Licensor. Licensee has no right, title or interest to any such Software or copies thereof except as provided in this Agreement. The Software and the Documentation are protected by German and international laws, rules, regulations and treaty provisions. Any rights not expressly granted herein are reserved by Licensor.

4. Term & Termination:

The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee:

5. Payment:

In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee, via PayPal or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.

6. Upgrades, Updates and Fixes:

Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensor shall provide any Upgrade, Update or Fix free of charge for the duration of one year. The duration starts with the purchase of the License. Licensee may, at his sole discretion, purchase an extension for the duration to receive Upgrades, Updates and Fixes, that are released after the initial free-upgrade duration expires. This extension may be purchased according to the rates set by Licensor. Nothing in this Agreement shall require Licensor to provide Upgrades, Updates or Fixes.

7. Support:

Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in The Software.

8. Liability:

To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code.

9.Warranty:

10. No Refunds:

Licensee warrants that he inspected The Software and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.

11. Limitation of Liability:

Licensee acknowledges and agrees that the consideration which Licensor is charging hereunder does not include any consideration for assumption by Licensor of the risk of Licensee's consequential or incidental damages which may arise in connection with Licensee's use of the Software. Accordingly, Licensee agrees that Licensor shall not be responsible to Licensee or any third party for any loss-of-profit, lost savings, indirect, incidental, special or consequential damages arising out of licensing or use of the Software.

The maximum liability of Licensor to any person, firm or corporation in connection with any license, use or employment of the Software, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to Licensor by Licensee for the Software whose license or use gives rise to the liability. The essential purpose of this provision is to limit the potential liability of Licensor arising out of this Agreement and use of the Software. The parties acknowledge that the limitations set forth in this paragraph are integral to the amount of consideration paid herein in connection with the license of the Software and that were datenwerke to assume any further liability other than set forth herein, such consideration would have necessity be set substantially higher.

12. Indemnification:

Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.

13. Governing Law, Jurisdiction:

Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.

14. Final Provisions: