End User License Agreement
Date of last update: November 1, 2021
MYCROTOOLS GMBH - SOFTWARE LICENSE AGREEMENT
THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT" OR "EULA") GOVERNS THE USE OF MYCROTOOLS SOFTWARE ("SOFTWARE PRODUCTS"). MYCROTOOLS GMBH ("MYCROTOOLS" OR "LICENSOR") AGREES TO LICENSE THE SOFTWARE TO YOU AS AN INDIVIDUAL OR ENTITY ("LICENSEE" OR "YOU") AND, IF APPLICABLE TO YOUR SOFTWARE LICENSE, TO PROVIDE SUPPORT AND MAINTENANCE SERVICES ("SERVICES"), PROVIDED THAT YOU ACCEPT AND AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT APPLIES TO ANY UPDATES OR SERVICES TO THE SOFTWARE OR TO THE SERVICES PROVIDED TO YOU BY MYCROTOOLS, UNLESS OTHER TERMS EXPLICITLY COVER THESE ISSUES.
BY CLICKING "I ACCEPT THIS AGREEMENT" OR BY OTHERWISE DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE OR BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND THAT THIS CONSTITUTES A LEGAL, ENFORCEABLE AND BINDING CONTRACT BETWEEN YOU AND MYCROTOOLS. IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE SOFTWARE AND YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SOFTWARE AND DELETE OR REMOVE ALL RELATED SOFTWARE AND RELATED FILES.
1. GRANT OF SOFTWARE LICENSE
Subject to all terms and conditions of this AGREEMENT, MYCROTOOLS grants to a LICENSEE a non-exclusive, non-transferable license to install and use the SOFTWARE PRODUCTS included in this distribution as described in Sections 1.1 through 1.5 below:
1.1 LICENSE FOR USE BY BUSINESSES AND GOVERNMENT AGENCIES
MYCROTOOLS licenses the SOFTWARE PRODUCTS on a per-user basis. If you represent a business and/or legal entity, you or your employees may install, copy, and use the SOFTWARE PRODUCTS by purchasing a 12-month subscription from MYCROTOOLS or its authorized resellers for each user using the SOFTWARE PRODUCTS in accordance with Section 9 of this AGREEMENT. The number of licensed users using the SOFTWARE PRODUCTS must be equal to or less than the number of workstations purchased from MYCROTOOLS or its authorized resellers.
1.2 LICENSE FOR INDIVIDUAL USE
If you are an individual, you may install, copy and use the SOFTWARE PRODUCTS by purchasing a 12-month subscription from MYCROTOOLS or its authorized resellers in accordance with Section 9 of this AGREEMENT.
1.3 LICENSE FOR FREE USE
If the SOFTWARE PRODUCTS you have purchased are marked "FREE", you may install and use the SOFTWARE PRODUCTS.
MYCROTOOLS reserves the right, in its sole discretion and without notice, to discontinue the availability of COMPLEMENTARY or FREE versions of the SOFTWARE PRODUCTS or their component parts at any time.
1.4 THIRTY DAY TRIAL LICENSE (TRIAL VERSION)
If the SOFTWARE PRODUCTS you have purchased are marked as "TRIAL" or "EVALUATION", you may install one copy of the SOFTWARE PRODUCTS for evaluation purposes only for a period of 30 calendar days from the date of installation ("EVALUATION PERIOD "). Upon expiration of the EVALUATION PERIOD, the SOFTWARE PRODUCTS must be uninstalled and all copies destroyed.
SOFTWARE PRODUCTS marked as PRE-REASED (including but not limited to the designation Alpha, Beta, or Release Candidate "RC") may contain defects and, as such, should not be considered for use or integration into a mission critical application.
MYCROTOOLS may, in its sole discretion, discontinue the availability of the PRE-RELEASED SOFTWARE PRODUCTS, limit or change the functionality of the PRE-RELEASED SOFTWARE PRODUCTS, or discontinue SUPPORT SERVICES for the PRE-RELEASED SOFTWARE PRODUCTS at any time. For detailed information about the current version status of the SOFTWARE PRODUCTS, please visit the following website: https://xenoguard.mycrotools.com/version.
2. RESTRICTIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
You may not reverse engineer, decompile, create derivative works, or disassemble the SOFTWARE PRODUCTS. If you acquire the SOFTWARE PRODUCTS with the intent to reverse engineer, decompile, create derivative works, or disassemble and distribute without authorization MYCROTOOLS intellectual property and trade secrets, including any disclosed methods or source code where provided, there is no licensed right to use them, and any PRODUCTS created as a result will be deemed illegal by definition. Any sale or resale of intellectual property or derivatives created in this manner will be prosecuted to the fullest extent of all local, state, and international laws.
3. SEPARATION OF COMPONENTS
The SOFTWARE PRODUCTS are licensed as a cohesive PRODUCT. The SOFTWARE PRODUCTS and their component parts, and any redistributable products provided, may not be reverse engineered, decompiled, disassembled, or separated for use on more than one computer, nor may they be offered by LICENSEE for distribution, sale, or resale as individual works. The provision of a source code, if included in the SOFTWARE PRODUCTS, does not constitute a transfer of rights for such code, and any resale or distribution of all or any portion of the source code and other intellectual property will be prosecuted to the fullest extent of all applicable local, state, and international laws. All MYCROTOOLS libraries, source code, redistributable files and other files remain the exclusive property of MYCROTOOLS. You may not redistribute any files except those that MYCROTOOLS has explicitly designated as REDISTRIBUTABLE(S).
You may not rent, lease, or loan the SOFTWARE PRODUCTS.
You may NOT permanently or temporarily transfer any of your rights under this AGREEMENT to any individual, corporation, or government entity without a prior written consent from MYCROTOOLS. Regardless of any modifications you make and regardless of how you compile, link and/or package your programs, the libraries, redistributables and/or files (including portions thereof) contained in the SOFTWARE PRODUCTS may not be used by anyone other than you under any circumstances.
Licensee shall not at any time create a Tool, Redistributable Application, or Product that directly or indirectly competes with any MYCROTOOLS Product(s), including but not limited to the SOFTWARE PRODUCTS, by using and/or reverse engineering all or any part of MYCROTOOLS SOFTWARE PRODUCTS.
All ownership and copyrights for the SOFTWARE PRODUCTS (including but not limited to all MYCROTOOLS trademarks, copied images, demos, source code, intermediate files, packages, photographs, redistributable files, animations, videos, audios, music, text and other components included in the SOFTWARE PRODUCTS, the accompanying printed materials, and all copies of the SOFTWARE PRODUCTS) are owned by MYCROTOOLS.
The SOFTWARE PRODUCTS are protected by copyright laws and international treaties, and therefore you must treat the SOFTWARE PRODUCTS as you would any other copyrighted material, except that you may install and use the SOFTWARE PRODUCTS as described in this AGREEMENT.
8. OPEN SOURCE LIBRARIES
The SOFTWARE PRODUCTS included in this installation package may include or require certain open-source components or libraries from third parties ("OPEN-SOURCE LIBRARIES ").
Where applicable, MYCROTOOLS includes a "NOTE" file containing a list of the OPEN-SOURCE LIBRARIES required for certain parts of the documentation, sample source code, and other demonstrations.
The OPEN-SOURCE LIBRARIES included in the SOFTWARE PRODUCTS are provided pursuant to each individual and are subject to the disclaimers and limitations of liability defined in each open-source library license.
The SOFTWARE PRODUCTS may include external installation references for the OPEN-SOURCE LIBRARIES. Prior to installing any of the OPEN-SOURCE LIBRARIES, you are responsible for reviewing and agreeing to any associated license agreements accompanying a library and any other sub-dependency required by that library.
Whether included as a part of the SOFTWARE PRODUCTS installation package or referenced as an external dependency or on demand, the OPEN-SOURCE LIBRARIES are provided "as-is" without warranty of any kind, expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event shall MYCROTOOLS, the Authors or the Copyright Owners be liable for any claims, damages or other liabilities, whether in contract, tort or otherwise, arising out of or related to the OPEN-SOURCE LIBRARIES or the use of the OPEN-SOURCE LIBRARIES.
9. TWELVE MONTH SUBSCRIPTION AND UPDATES
MYCROTOOLS licenses the SOFTWARE PRODUCTS on a subscription basis. A subscription is valid for a period of 12 months starting from the date of purchase. The LICENSEE is entitled to receive all major and minor updates of the SOFTWARE PRODUCTS during this 12-month period. Upon expiration of a subscription (12 months plus 1 day after the original purchase date), a LICENSEE may optionally renew the subscription for the SOFTWARE PRODUCTS for an additional 12-month period (and each additional year thereafter) to continue receiving major and minor updates to the SOFTWARE PRODUCTS from MYCROTOOLS.
If the SOFTWARE PRODUCTS are marked as an update, you must be properly licensed to receive the updated SOFTWARE PRODUCTS. SOFTWARE PRODUCTS marked as an Update replace and/or supplement the SOFTWARE PRODUCTS that were/are the basis for your entitlement to the Update. You may use the updated PRODUCTS only in accordance with all of the terms of this AGREEMENT.
Pricing for the 12-month subscription for the SOFTWARE PRODUCTS and any subsequent renewal of the subscription is listed at https://www.mycrotools.com and is subject to change with or without notice.
MYCROTOOLS reserves the right to discontinue the SOFTWARE PRODUCTS or its components at any time.
The SOFTWARE PRODUCTS are made available for download exclusively at https://www.mycrotools.com.
A LICENSEE of the SOFTWARE PRODUCTS may install them on two computers. However, both computers must be owned by the same company or same individual. Generally, a license cannot run on two computers at the same time, even if the software is running unattended, such as on a build or deployment server.
For the purpose of the software license activation, MYCROTOOLS stores the product serial number together with other data of the LICENSEE: name, first name, email address, and company name. The data is a prerequisite for the activation. The email address must be identical to the email address with which the product was previously purchased. The data will be stored permanently on the MYCROTOOLS server. However, all license information is used exclusively for registration and user account management.
12. EXPORT RESTRICTIONS
MYCROTOOLS expressly complies with all export restrictions imposed by the Federal Republic of Germany as well as the European Union. You, as a LICENSEE, must NOT use the SOFTWARE PRODUCTS within a country subject to the export restrictions of the Federal Republic of Germany as well as the European Union. A list of restricted countries can be obtained from the Federal Office of Economics and Export Control of the Federal Republic of Germany and/or the European Union.
13. EXCLUSION OF WARRANTY
MYCROTOOLS expressly denies any warranty for the SOFTWARE PRODUCTS. The SOFTWARE PRODUCTS and related documentation are provided "as-is" without warranty of any kind, either explicit or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. MYCROTOOLS makes no warranty, guarantee or undertakes responsibility regarding the use or the results of the use of the SOFTWARE PRODUCTS in terms of correctness, accuracy, reliability or otherwise. The entire risk arising out of the use or performance of the SOFTWARE PRODUCTS is born by you. No oral or written information or advice given by MYCROTOOLS or its employees shall create any warranty or in any way extend the scope of this warranty.
14. LIMITATIONS OF LIABILITY
In no event shall MYCROTOOLS be liable for any special, incidental, indirect, or consequential damages (including, without limitation, loss of profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCTS or the provision of or failure to provide SUPPORT SERVICES, even if MYCROTOOLS has been advised of the possibility of such damages, to the fullest extent permitted by law.
The LICENSEE acknowledges that the SOFTWARE PRODUCTS may provide inaccurate results due to a defect or malfunction in the SOFTWARE PRODUCTS or LICENSEE's failure to properly use or employ the SOFTWARE PRODUCTS. LICENSEE assumes full and sole responsibility for any use of the SOFTWARE PRODUCTS and assumes all risk for failures or errors in the SOFTWARE PRODUCTS. You agree that regardless of the cause of the failure or malfunction or the form of any claim, your sole remedy and MYCROTOOLS sole obligation shall be governed by this Agreement and in no event shall MYCROTOOLS liability exceed the price paid to MYCROTOOLS for the SOFTWARE PRODUCTS. This Limited Warranty is not applicable if the failure of the SOFTWARE PRODUCTS results from an accident, abuse, alteration, unauthorized use, or misapplication of the SOFTWARE PRODUCTS.
You hereby agree to indemnify, defend and hold MYCROTOOLS and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities or damages of any kind, including actual attorneys' fees, whether in tort or contract, made against MYCROTOOLS or any of them arising out of, or arising out of a claim brought by a third party relating to a breach or violation of this AGREEMENT by you or claims based on the Applications and the SOFTWARE PRODUCTS contained herein, including but not limited to claims brought by your end customers.
16. SUPPORT SERVICES
MYCROTOOLS may provide you with support services related to the SOFTWARE PRODUCTS ("SUPPORT SERVICES"). Use of the SUPPORT SERVICES is subject to MYCROTOOLS policies and programs as described in the user manual, online documentation and/or other materials provided by MYCROTOOLS. MYCROTOOLS may limit or otherwise discontinue the SUPPORT SERVICES provided to you if your use of the SUPPORT SERVICES is deemed by MYCROTOOLS, in its sole and reasonable discretion, to be excessive and beyond the scope of reasonable use.
Any additional SOFTWARE PRODUCT provided to you as a part of the SUPPORT SERVICES shall be considered a part of the SOFTWARE PRODUCTS and subject to the terms and conditions of this AGREEMENT. With respect to technical information you provide to MYCROTOOLS as a part of the SUPPORT SERVICES, MYCROTOOLS shall be entitled to use such information for its business purposes, including for the support and development of the SOFTWARE PRODUCT(S).
Without prejudice to any other rights or remedies, MYCROTOOLS will terminate this AGREEMENT if you fail to comply with all of the terms and conditions of this AGREEMENT. In such event, LICENSEE shall destroy all copies of the SOFTWARE PRODUCT and all of its components, including related documentation, and remove ANY use of MYCROTOOLS intellectual property from all applications distributed by the LICENSEE, whether in their original, modified or compiled state.
MYCROTOOLS may be required by local, state or national law to collect sales or use taxes from you. If MYCROTOOLS is not required by law to collect tax at the time of purchase, you should verify that your local, state or national government does not impose sales or use taxes on electronically delivered Software. You are fully responsible for any such sales or use taxes.
19. PERSONAL INFORMATION
All information MYCROTOOLS collects from you is stored and maintained on servers that use reasonable and appropriate data security measures. MYCROTOOLS does not rent, lease, sell or market any information it receives from its customers or those who provide personally identifiable information to us. MYCROTOOLS does not disclose purchase information or license information to third parties.
MYCROTOOLS collects personally identifiable information when you purchase/license a MYCROTOOLS product or service. This information includes name, address, phone number, email address, payment information, products purchased, licenses owned, employee/contact information, etc. The information we collect allows MYCROTOOLS to communicate with you about upcoming product updates, new product releases, company news and other important business matters.
MYCROTOOLS does not want to receive, obtain or solicit confidential or proprietary materials and information from you through your use of the SOFTWARE PRODUCTS or the SUPPORT SERVICES. Any materials, attachments or information that you submit in the course of error reporting or that you disclose in chats, online discussions or support center postings or provide to MYCROTOOLS in any manner will be deemed NOT to be confidential by MYCROTOOLS. You acknowledge that submissions to MYCROTOOLS will not be considered confidential or proprietary and that MYCROTOOLS is under no obligation to keep such information confidential.
By choosing to use the SOFTWARE PRODUCTS, you agree to be bound by the terms of this AGREEMENT. You are responsible for maintaining the confidentiality of your username, password and other confidential information. You are responsible for all activity that occurs in your account and agree to notify MYCROTOOLS immediately in the event of any unauthorized activity in your account via the methods listed on the contact page of the MYCROTOOLS website. MYCROTOOLS is not responsible for any loss or damage incurred by you or any third party as a result of any unauthorized access and/or use of your account or otherwise.
This AGREEMENT is governed by the laws of the Federal Republic of Germany. This AGREEMENT gives you certain rights; you may have other rights that vary from state to state and country to country.
This AGREEMENT may only be modified by a writing signed by you and an authorized representative of MycroTools GmbH. If any provision of this AGREEMENT is found to be invalid or unenforceable, the remainder shall remain valid and enforceable in accordance with its terms. If any remedy provided is found to fail of its essential purpose, all limitations of liability and exclusions of damages set in the limited warranty shall remain in effect.
MYCROTOOLS reserves all rights not explicitly granted in this AGREEMENT.
If you have any questions about this AGREEMENT, please contact us directly in Germany at +49 (0) 9221 6919 832, or write to us at:
Am Galgenberg 25
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