IMPORTANT! Read carefully: this is a legal agreement.
By downloading, installing, copying, saving or otherwise using this SOFTWARE, YOU (as defined below) become a party to this agreement and YOU are bound by all the terms and conditions of this agreement. If YOU do not agree to any of the terms or any of the conditions, or any of the terms or conditions isn't valid in YOUR country, you must not install or otherwise use SOFTWARE. If you already downloaded or installed SOFTWARE, you must remove the SOFTWARE from YOUR system and destroy all copies.
"AUTHOR" means SyntEvo GmbH, Brunnfeld 11, 83404 Ainring, Germany.
"YOU" (or "YOUR") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this agreement or a future version of this agreement. For legal entities, "YOU" includes any entity which controls, is controlled by, or is under common control with YOU. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
"SOFTWARE" means the binary code of SmartSVN with all its documentation and otherwise bundled files, in whole or in parts.
"SOFTWARE-FOUNDATION" applies only to the SmartSVN Foundation version.
"SOFTWARE-PROFESSIONAL" applies only to the SmartSVN Professional version.
"SOFTWARE-PROFESSIONAL-ENTERPRISE" applies only to the SmartSVN Professional Enterprise version.
SOFTWARE is owned and copyrighted by AUTHOR. It is licensed, not sold. Title to SOFTWARE and all associated intellectual property rights are retained by AUTHOR. AUTHOR grants YOU a non-exclusive and non-transferable right to use SOFTWARE for lawful purposes under certain obligations and limited rights as set forth in this agreement.
YOU may:
YOU must not:
YOU have a non-exclusive, non-transferable license to load and execute a unregistered copy of SOFTWARE-PROFESSIONAL for a period of thirty one (31) days (the "Evaluation Period"). The unregistered copy of SOFTWARE-PROFESSIONAL may only be used for evaluating and testing purposes and not for general use.
The unregistered copy of SOFTWARE-PROFESSIONAL may contain a feature that will automatically disable the SOFTWARE after the end of the Evaluation Period. If you agree to this license agreement and pay the license fee, AUTHOR will deactivate this feature. YOU must not disable, destroy or remove this feature and any attempt to do so will terminate YOUR license and rights under this agreement.
If YOU have paid a license fee for SOFTWARE, AUTHOR warrants to YOU for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which SOFTWARE is furnished (if any) will be free from defects in material and workmanship under normal use.
Except for the foregoing, SOFTWARE is provided "AS IS".
Unless specified in this agreement, all expressed or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement are disclaimed.
To the extent not prohibited by law, in no event AUTHOR or any third-party-developer will be liable for any lost revenue, profit or data or for special, indirect, consequential, incidental or punitive damages, however caused regardless of the theory of liability, arising out of or related to the use of or inability to use SOFTWARE, even if AUTHOR has been advised of the possibility of such damages.
Solely YOU are responsible for determining the appropriateness of using SOFTWARE and accept full responsibility for all risks associated with its exercise of rights under this agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
In no event will AUTHOR's liability to YOU, whether in contract, tort (including negligence) or otherwise, exceed the amount paid by you for SOFTWARE under this agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
YOU acknowledge, that it is in the nature of software that software is complex and not completely free of errors.
If the foregoing limitations are prohibited by YOUR countrie's law or by the countrie's law where SOFTWARE should be used, SOFTWARE must not be used!
In no event shall AUTHOR or any third-party-developer be liable to you under any theory for any damages suffered by YOU or any user of SOFTWARE or for any special, incidental, indirect, consequential or similar damages (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 or inability to use SOFTWARE, even if AUTHOR has been advised of the possibility of such damages and regardless of the legal or quitable theory (contract, tort or otherwise) upon which the claim is based.
SOFTWARE has been created using technologies that are not fault tolerant and thus the Software is not designed, manufactured, or intended for use in hazardous environments including, but without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the technologies employed in the Software could lead directly to death, personal injury, severe physical, environmental or monetary damage.
This agreement is affected until terminated. YOU may terminate this agreement at any time. This agreement will terminate immediately without notice from AUTHOR if YOU fail to comply with the terms and conditions of this agreement. Upon termination, YOU must delete SOFTWARE and all copies of SOFTWARE.
YOU agree that upon termination of this agreement for any reason, AUTHOR may take actions so that SOFTWARE no longer operates.
This agreement will be governed by the laws of Germany, without reference to conflict of laws principles. YOU agree that any litigation relating to this agreement may only be brought in and shall be subject to the jurisdiction of Traunstein (Germany) City Court.
Some parts of SOFTWARE are copyrighted by third-parties:
You agree to abide the third-party agreements. This agreement, including the third-party agreements, constitutes the entire agreement between the parties concerning YOUR use of SOFTWARE and supercedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment or other communication between the parties relating to its subject matter during the term of this agreement. No modification of this agreement will be binding, unless in writing and signed by an authorized represenative of each party.
All rights not expressly granted in this agreement are reserved by AUTHOR. AUTHOR reserves the right at any time to cease the support of SOFTWARE and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the SOFTWARE.
If any provision of this agreement is held to be unenforceable, this agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this agreement will immediately terminate.