Terms of Use

PART I. WARRANTY DISCLAIMER. THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. OVENTROP AND ITS SUPPLIERS AND CERTIFICATE AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, OVENTROP AND ITS SUPPLIERS AND CERTIFICATE AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

PART II. SOFTWARE LICENSE AGREEMENT. BY USING, COPYING OR DISTRIBUTING ALL OR ANY PORTION OF THE OVENTROP SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE. OVENTROP PERMITS YOU TO USE THE SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. USE OF SOME THIRD PARTY MATERIALS INCLUDED IN THE SOFTWARE MAY BE SUBJECT TO OTHER TERMS AND CONDITIONS TYPICALLY FOUND IN A SEPARATE LICENSE AGREEMENT.

2. Software License.
If you obtained the Software from Oventrop or one of its authorized licensees, and subject to your compliance with the terms of this agreement. Oventrop grants to you a non-exclusive license to use the Software in the manner and for the purposes described in the Documentation as follows:
2.1 General Use. You may install and use one copy of the Software on your compatible Computer.
2.2 Server Use. This agreement does not permit you to install or use the software on a computer file server. For information on use of software on a computer file server
2.3 Distribution. This license does not grant you the right to sublicense or distribute the Software. For information about obtaining the right to distribute the Software on tangible media or through an internal network or with your product or service.
2.4 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 4.

3. Transfer.
You may not rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user’s Computer except as may be expressly permitted by this agreement. You may, however, transfer all your rights to use the Software to another person or legal entity provided that: (a) you also transfer (i) this agreement, and (ii) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, updates and prior versions, to such person or entity, (b) you retain no copies, including backups and copies stored on a Computer, and (c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions upon which you obtained a valid license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.

4. Intellectual Property Ownership, Reservation of Rights.
The Software and any authorized copies that you make are the intellectual property of Oventrop Systems Incorporated and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Oventrop Incorporated and its suppliers. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Oventrop and its suppliers.

5. Third Party Offerings.
Your access to and use of any Third Party Offering, including any goods, services or information, is governed by the terms and conditions respecting such offerings. Third Party Offerings are not owned or provided by Oventrop.

6. No Warranty.
The Software is being delivered to you “AS IS” and with ALL FAULTS. OVENTROP AND ITS SUPPLIERS AND CERTIFICATE AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, OVENTROP AND ITS SUPPLIERS AND CERTIFICATE AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

7. Limitation of Liability.
IN NO EVENT WILL OVENTROP, ITS SUPPLIERS, OR CERTIFICATE AUTHORITIES BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN OVENTROP REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. OVENTROP’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS AND CERTIFICATE AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this agreement limits Oventrop’s liability to you in the event of death or personal injury resulting from Oventrop’s negligence or for the tort of deceit (fraud). Oventrop is acting on behalf of its suppliers and Certificate Authorities for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this agreement, if any, or contact Oventrop’s Customer Support Department.

8. Export Rules.
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the “Export Laws”). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Cuba, and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement.

9. Governing Law.
This agreement will be governed by and construed in accordance with the substantive laws in force: (a) in the State of New York if a license to the Software is obtained when you are in the United States, Canada, or Mexico.

10. General Provisions.
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms. This agreement shall not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be modified by a writing signed by an authorized officer of Oventrop. Updates may be licensed to you by Oventrop with additional or different terms. This is the entire agreement between Oventrop and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

11. Notice to U.S. Government End Users.
For U.S. Government End Users, Oventrop agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this agreement.

12. Compliance with Licenses.
If you are a business or organization, you agree that upon request from Oventrop or Oventrop’s authorized representative, you will, within thirty (30) days, fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from Oventrop.

If you have any questions regarding this agreement or if you wish to request any information from Oventrop. Please use the address and contact information included with this product or via the web at www.oventrop-na.com to contact the Oventrop office serving your jurisdiction.