POMFORT GMBH LIVEGRADE PRO END USER LICENSE AGREEMENT

IMPORTANT: THIS END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND POMFORT GMBH. READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE. THE PRODUCT IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTERNATIONAL PROPERTY LAWS AND TREATIES.

1 LICENSE GRANTS AND LICENSE TYPES

Installation and Use. POMFORT GmbH – (“POMFORT“) grants you the right and license to use POMFORT’s software program “Livegrade Pro” (the “SOFTWARE“).
You are permitted to use the Software under the terms of this agreement for no more than ten (10) days with a reduced set of functionality, and for evaluation purposes only, without payment to POMFORT. The SOFTWARE may include functionality that will render it inoperational upon expiration of this evaluation period.
To use the Software after the evaluation period you must purchase a license from POMFORT. The license allows you to use one copy of the Software on one single computer.

2 LICENSE RESTRICTIONS

Distribution. You may not distribute copies of the SOFTWARE or the license key to third parties.
Secrecy. As the owner of a license key you are responsible for keeping this key secret. If any third party gets access to your license key due to willful or negligent act, you are liable for the damage that arises to POMFORT.
Rental. You may not rent, lease, or lend the SOFTWARE or otherwise encumber any copy of the SOFTWARE, or any of the rights granted herein.
Transfer. You may not transfer your rights under this EULA to another end user without POMFORT’s prior written consent. If such consent is obtained, you may permanently transfer this License to another end user and you do not retain any copies. The recipient of such transfer must agree to all terms and conditions of this EULA.
Reservation of Rights. POMFORT retains all rights not expressly granted.
Non-Exclusive Rights. Your license rights under this EULA are non-exclusive.

3 USE OF DATA

You agree that POMFORT may collect, maintain, process and use technical data and related information, including but not limited to technical information about your system and application software, peripherals, and statistical information about the use of POMFORT’s products, as long as it is in a form that does not personally identify you. POMFORT may use this information to improve and develop its products and services.

4 DISCLAIMER OF WARRANTY AND LIABILITY

LIMITED WARRANTY. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POMFORT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/ JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POMFORT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF POMFORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, POMFORT’s ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.

This Agreement constitutes the entire understanding of the parties and cannot be modified except in writing by POMFORT.
This Agreement will be governed by the laws of Germany. The place of jurisdiction is Munich.