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EULA: End-User License Agreement

IMPORTANT.READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Intersofts.com that accompanies this EULA, which includes associated media and Intesofts.com Internet-based services ("Software"). An amendment or addendum to this EULA may accompany the Software upon installation or/and subscription.

YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.

Definitions

Software refers to all Software developed and deployed by Intersofts.com subject to this agreement.
Live server refers to an Internet host which gives public access to the software through a browser.
Localhost or test server refers to a developer environment which works is the same way as a live server with the exception that the Software is not made available to the public.

1. GRANT OF LICENSE. Intersofts.com grants you the following rights provided that you comply with all terms and conditions of this EULA:

1.1 Installation and use. You may install and use 1 copy of the Software on a live server.
1.2 License Grant for Templates. The Software may include templates and documentation. You may copy and modify the templates available as part of the Software and distribute such templates along with your modifications for use by other licensees of the Software; provided however that you may not sell, resell, license, rent, lease, lend, or otherwise transfer for value, the templates. You must indemnify and defend Intersofts.com against any claims or lawsuits, including attorneys' fees that arise from or result from the licensing or distribution of the templates and documentation as modified by you.
1.3 License Grant for Documentation. The documentation that accompanies the Software is licensed for internal, non-commercial reference purposes only.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. You may not use any Intersofts.com Internet-based services associated with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet-based services.

3. RESERVATION OF RIGHTS AND OWNERSHIP. Intersofts.com reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Intersofts.com or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of Intersofts.com.

4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, make copies, make it available in any way or form, or disassemble the Software, except and only to the extent that such activity is expressly permitted by this EULA or applicable law notwithstanding this limitation or Intersofts.com written permission.

5. NO RENTAL/DISTRIBUTION. You may not rent, lease, lend, give or claim copyrights for the Software.

6. CONSENT TO USE OF DATA. You agree that Intersofts.com and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Intersofts.com may use this information solely to improve our products or to provide customized services or technologies to you.

7. LINKS TO THIRD PARTY SITES. Intersofts.com is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services (such as re-sellers and partners), or any changes or updates to third-party sites or services. Intersofts.com is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by Intersofts.com of the third-party site or service.

8. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Intersofts.com may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. Intersofts.com reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.

9. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to Germany's jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the Germany's Administration Regulations, as well as end-user, end-use, and destination restrictions issued by German law. and other governments.

10. TERMINATION. Without prejudice to any other rights, Intersofts.com 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 and all of its component parts.

11. LIMITED WARRANTY FOR SOFTWARE

Intersofts.com warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts. In such cases, you shall not install or make use of the software and a full refund will be issued, if applicable.
Any supplements or updates to the Software, including without limitation, any (if any) fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES.

Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Intersofts.com, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Intersofts.com's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 13 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such case, you must not install or make use of the software.
This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Intersofts.com's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at Intersofts.com's option from time to time exercised subject to applicable law,

(a) return of the amount paid (if any) for the Software, or

(b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Intersofts.com with a copy of your receipt.

You will receive the remedy elected by Intersofts.com without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to Intersofts.com). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Intersofts.com will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Intersofts.com's warranty remedy procedures.

12. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar bligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Intersofts.com and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Intersofts.com OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF Intersofts.com OR ANY SUPPLIER, AND EVEN IF Intersofts.com OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Intersofts.com and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by Intersofts.com with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 11, 12 and 13) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

15. APPLICABLE LAW. Regardless where you acquired this software, this EULA is govern by German laws of the state of Baden Württemberg. In respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Stuttgart, Baden Württemberg.