End User License Agreement (EULA)


End User License Agreement
PHORTES
Copyright © 2014-2020 Roman Pschera
www.phortes-add-in.com, www.phortes.com, www.makingbusinessmodelworks.com


PLEASE CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT (EULA).
1.    This is a license agreement between Roman Pschera as the licenser and you (either an individual or a single entity) the customer as the licensee. It describes your rights and obligations regarding the use of the software product PHORTES, which may also include associated media, printed materials, and online or electronic documentation (“Software Product”). The Software Product also includes any updates and supplements to original software provided to you.
2.    If you do not agree to be bound to all terms of this EULA, you are not permitted to use the Software Product in any way, and all copies related to the Software Product must be removed from your system(s) and other storage media.
3.    This software is licensed not sold! You have a temporally limited, non-exclusive, non-transferable right to use the Software Product. You may not distribute the Software Product in any way or form without express written consent of the licenser.
4.    30-day test license: The use of the Software Product is limited to evaluation purposes only (30 days). If you decide not to purchase a license, you must stop using the Software Product and all copies related to the Software Product must be removed from your system(s) and other storage media.
5.    One-year Subscription: The licenser grants to you one license of the Software Product and install it on one machine for single use. If the licensee wants to use the Software Product on multiple machines, one single license must be bought for each machine.
6.    Checkout-Form: For a valid order of the Software Product, the licensee must add the hardware key(s) in the “Notes”-field of the checkout form. If the number of ordered licenses does not fit the number of hardware key(s) in the checkout form the order will not be processed.
7.    The purchase contract is closed only if the licenser sends the license keys to the licensee. Otherwise, the order remains an open order, e.g. the mere sending of a letter of confirmation does not lead to a purchase contract.
8.    The Software Product is not supported under any standard support program or service agreement.
9.    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT ANY KIND OF WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT FOR ANY CLAIM, DAMAGES OR OTHER LIABILITIES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR ANY OTHER SOFTWARE DEALINGS.
10.    You may not emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer the Software Product or any of its parts, except as provided for in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil legal action.
11.    This software, including its code, documentation, structure and organization is an exclusive product of the licenser who retains the intellectual property rights to the software, its copies, modifications, or merged parts. The licenser reserves all rights not expressly granted here.
12.    This agreement is subjected to Austrian law. The legal court of jurisdiction is in Vienna/Austria.
13.    Subsidiary agreements, changes and amendments to the agreement shall be effective only if they have been agreed in writing on the occasion or after the conclusion of the agreement and have explicitly been specified as subsidiary agreements, changes or amendments. The Licenser can mention the name of the licensee as reference.
14.    If current or future provisions of this agreement become partially or completely legally ineffective or if they lose their legal effectiveness or feasibility at a later date, the validity of the remaining provisions of this agreement shall not be affected hereof. In this case, the contract partners shall agree on a provision that comes closest to the objective of the ineffective provision(s).
15.    This agreement has no termination date.
Deutschlandsberg, 16th of February 2020