Asynx Planetarium 2.73

EULA - End User License Agreement

ASYNX PLANETARIUM v2.61 END USER LICENSE AGREEMENT ("EULA")

NOTIFICATION: PERMISSION TO USE THIS software IS CONDITIONAL UPON YOU AS THE CUSTOMER AND LICENSEE, AGREEING TO THE TERMS SET OUT BELOW.

YOU WILL NOT BE ABLE TO INSTALL THE software UNTIL YOU HAVE READ AND ACCEPTED ALL THE TERMS OF THIS LICENSE AGREEMENT AND WISH TO BECOME THE LICENSEE ("YOU") OF THE software. ACCEPTANCE SHALL BIND YOU AND ALL OF YOUR EMPLOYEES TO THE TERMS OF THIS LICENSE.

BY CLICKING THE "I ACCEPT THE AGREEMENT" BUTTON YOU WARRANT AND CONFIRM THAT YOU ARE ELIGIBLE AND HAVE THE AUTHORITY TO AGREE TO THE TERMS OF THIS LICENSE AGREEMENT.

SELECTING THE "I ACCEPT THE AGREEMENT" BEFORE THE "NEXT" BUTTON AT THE BOTTOM OF THIS SCREEN WILL BE DEEMED TO BE YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND YOU WILL BECOME THE LICENSEE OF THE SOFTWARE. PLEASE PRINT A COPY FOR YOUR RECORDS.

IF YOU DO NOT WISH TO ACCEPT THE FOLLOWING TERMS, DO NOT CLICK ON THE "I ACCEPT THE AGREEMENT" BUTTON AND THE SOFTWARE WILL NOT INSTALL ON TO YOUR COMPUTER.

1. License
1.1 Asynx GmbH has agreed to license use of the software to you pursuant to this license agreement and the terms and conditions set out below.
1.2 Asynx GmbH grants to you a non-exclusive license to:
(a) use the software.
(b) make as many copies you like.
(c) distribute the complete software package for free, no money can be charged for the distribution and the program can't be sold for money.

2. Licensee's Obligations
2.1 As the Licensee you hereby undertake the following obligations:
(a) to not reverse engineer, decompile or modify the software by any means or in any other form;
(c) to supervise and control the use of the software in accordance with the terms of this license;
(d) to not alter, change, remove or obscure any notices as to ownership of the software;
(e) to not engage in any acts which infringe Asynx GmbH rights in the intellectual property rights in the software;
2.2 You acknowledge that the License does not make you the owner of the software nor does it cause any transfer or assignment of any copyright or any other intellectual or industrial property rights subsisting in the software to you.

3. Warranty
3.1 You hereby acknowledge that the software cannot be guaranteed error free and further acknowledge that the existence of any such errors shall not constitute a breach of this license agreement by Asynx GmbH
3.2 You acknowledge that Asynx GmbH may offer to update the software but it is not obliged to do so.
3.3 In the event any statute implies terms into this agreement which cannot be lawfully excluded, such terms will apply to this agreement, save that the liability of Asynx GmbH for breach of any such implied term will be limited, at the option of Asynx GmbH, to any one or more of the following:
(a) the replacement of the software to which the breach relates or the supply of equivalent software;
(b) the repair of the software;
(c) the payment of the cost of replacing the software or of acquiring equivalent software; or
(d) the payment of the cost of having the software repaired.
3.4 If the liability of Asynx GmbH for breach of any term, condition or warranty implied by law into contracts for the supply of goods and services ("Prescribed Terms") are capable of exclusion, they are hereby excluded to the fullest extent permitted by law.
3.5 Except as provided by the Prescribed Terms (if any), which are not capable of exclusion or limitation, or as expressly set out in these terms:
(a) Asynx GmbH makes no warranties in relation to the software, including warranties as to the performance or fitness for purpose of the software;
(b) You will not under any circumstances have any cause of action against, or right to claim or recover from, Asynx GmbH for or in respect of any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from the supply or use of the software or any breach of these terms.
3.6 Asynx GmbH will not be liable for any indirect or consequential damages arising out of a breach of this license or arising out of the supply of defective software.
3.7 You acknowledge that you have exercised your independent judgment in acquiring the software and have not relied upon any representations made by Asynx GmbH which have not been stated expressly in this agreement or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Asynx GmbH

4. Copyright and Trade Marks
4.1 You acknowledge that the software and all related products are the subject of copyright.
4.2 You shall not during or at any time after the expiry or termination of this License permit any act which infringes the Trade Marks used in connection with the software.
4.3 You shall indemnify Asynx GmbH fully against all liabilities, costs and expenses which Asynx GmbH may incur to a third party as a result of your breach of the copyright and Trade Mark provisions of this agreement.

5. software usage Tracking
5.1 Asynx GmbH informs you, that the software transmits anonymous statistical usage data while checking for updates.
5.2 No adware or simular software is installed. Everything is financed by online ads on www.asynx-planetarium.com.
5.3 Absolutely NO personal data of any kind is transfered.

6. Waiver
Failure or neglect by either party to enforce at any time any of the provisions of this license agreement shall not be construed or deemed to be a waiver of that party's rights under this license.

7. Governing Law
This license shall be governed by and construed according to the laws in force in Switzerland.