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EGENIX.COM PUBLIC LICENSE AGREEMENT VERSION 1.0.0
1. Introduction
This "License Agreement" is between eGenix.com Software, Skills and Services
GmbH ("eGenix.com"), having an office at Pastor-Loeh-Str. 48, D-40764
Langenfeld, Germany, and the Individual or Organization ("Licensee") accessing
and otherwise using this software in source or binary form and its associated
documentation ("the Software").
2. License
Subject to the terms and conditions of this eGenix.com Public License Agreement,
eGenix.com hereby grants Licensee a non-exclusive, royalty-free, world-wide
license to reproduce, analyze, test, perform and/or display publicly, prepare
derivative works, distribute, and otherwise use the Software alone or in any
derivative version, provided, however, that the eGenix.com Public License
Agreement is retained in the Software, or in any derivative version of the
Software prepared by Licensee.
3. NO WARRANTY
eGenix.com is making the Software available to Licensee on an "AS IS" basis.
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, EGENIX.COM MAKES
NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT
LIMITATION, EGENIX.COM MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE
SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
4. LIMITATION OF LIABILITY
EGENIX.COM SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE SOFTWARE
FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) AS A RESULT OF USING,
MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF
ADVISED OF THE POSSIBILITY THEREOF.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO
LICENSEE.
5. Termination
This License Agreement will automatically terminate upon a material breach of
its terms and conditions.
6. General
Nothing in this License Agreement affects any statutory rights of consumers that
cannot be waived or limited by contract.
Nothing in this License Agreement shall be deemed to create any relationship of
agency, partnership, or joint venture between eGenix.com and Licensee.
If any provision of this License Agreement shall be unlawful, void, or for any
reason unenforceable, such provision shall be modified to the extent necessary
to render it enforceable without losing its intent, or, if no such modification
is possible, be severed from this License Agreement and shall not affect the
validity and enforceability of the remaining provisions of this License
Agreement.
This License Agreement shall be governed by and interpreted in all respects by
the law of Germany, excluding conflict of law provisions. It shall not be
governed by the United Nations Convention on Contracts for International Sale of
Goods.
This License Agreement does not grant permission to use eGenix.com trademarks or
trade names in a trademark sense to endorse or promote products or services of
Licensee, or any third party.
The controlling language of this License Agreement is English. If Licensee has
received a translation into another language, it has been provided for
Licensee's convenience only.
7. Agreement
By downloading, copying, installing or otherwise using the Software, Licensee
agrees to be bound by the terms and conditions of this License Agreement.
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