IMPORTANT -- PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE. DOWNLOADING, INSTALLING OR RUNNING THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SOFTWARE PROVIDED AND REMOVE ALL RECEIVED COMPONENTS, FOR A FULL REFUND OF ANY CONSIDERATION PAID. IF YOU NEED HELP CONTACT US DIRECTLY OR VISIT THE WEB SITES LISTED AT THE END OF THIS DOCUMENT FOR OUR CONTACT DETAILS.
This AutoTonic End User License Agreement is a legal agreement between the AutoTonic e.U. by Ing. Clemens Slama, Vienna (in brief „AutoTonic“) and you, as an end-user. This software/program, any printed materials, potential updates and related contents, any on-line or electronic documentation and publication, and any and all copies of the software program and materials (the „software“ respectively the „product“) are the copyrighted work of AutoTonic, its subsidiaries, licensors and/or its suppliers. The product contains license server based product activation for protection against unlawful copying, an internet connection is required on your host computer to validate the installation. All intellectual property rights in the software belong to AutoTonic, we permit you only to copy, download, install and use the software in accordance with the terms and conditions of this agreement.
1. Software license ownership
AutoTonic, as licensor, grants you, as licensee and end user, a non-exclusive 'Single User License' to run AutoTonic on up to a.) 3 computers (→Full Version) b.) 2 computers (→3-Year Version) c.)1 computer (→1-Year Version) you own, as long as only one computer is running at any given time. The license is not a sale of the original software and you may not export, convey, rent, sublicense, or otherwise distribute the software or any rights therein to any person or entity. AutoTonic at this given moment does not offer any license owner transfership. This is a non-exclusive, non-transferable, 'Single User License'. All purchases are final. They are not refundable and not able to be exchanged. Once you purchase an application and we make it available to you, you are responsible for downloading (if applicable) and confirming your ability to access the software, including retrieving the validation for the application if applicable, and bear all risk of loss after downloading the software or retrieving your account's authorization credentials, including any loss due to a computer or hard drive malfunction. If you are unable to complete a download or access the application, please contact <firstname.lastname@example.org> for help. We will usually continue making the application and all of its updates and update versions you have purchased available to you on your personal order status page so that you can download additional copies of the application and retrieve your licensing credentials (if applicable), but that is not always the case, and we may limit or disable further downloads of the software due to licensing restrictions or for other reasons. The software is sold 'as is'. All other services, as well as any support, are provided on a purely voluntary basis.
The software is owned by AutoTonic and/or its suppliers and is protected by copyright laws and international treaty provisions, as well as other intellectual property laws and treaties. AutoTonic retains title to and ownership of the software and all copies thereof in any form. AutoTonic retains all rights in the software not specifically granted to the licensee. This agreement only gives you certain rights to use the software and related documentation, which may be revoked if you do not follow these terms.
3. Restrictions on use
You are allowed to install a single (1) license per computer system only (‘Single User License' Agreement), the use of the software within a network is illegal where there is the possibility of a contemporaneous multiple use of the program. Also you may not lease, loan or sub-license the software and you are entitled to prepare a backup copy of the software which will not be used for purposes other than storage purposes. You may install the software into the memory of a single computer, but may not electronically transfer the software to someone else’s computer system or operate it in a time-sharing, network-based or service-bureau operation.
4. Limited warranty
All software (AutoTonic) is provided „as is“ without warranty or condition of any kind. AutoTonic does not warrant that the software will meet your requirements or that its operation will be uninterrupted or error-free, and also furthermore, AutoTonic does not warrant or make any representations regarding the use or the results of the use of the software or documentation in terms of their correctness, accuracy, reliability, or otherwise. The complete risk as to the usability and performance of the software is with you, even should the program prove defective, you assume the entire cost of all necessary servicing, repair or correction.
5. Support, upgrades and updates after purchase
The software is sold „as is“. Any support is on a purely voluntary basis. You can only receive support and updates etc, following the personal product purchase, support is prohibited only for the current version and for the previous version during six months after publication of the newer version. AutoTonic can modify and partly or completely adjust the nature of the support and updates etc, at any time. The product purchase and registration is possible through the internet, in such a process you are asked to agree to the storage and use of your personal data (name, address, contact, email-address, etc,) For the purposes specified above. The right of support for the previous or inferior version of the software expires upon the installation of an upgrade or update.
6. Limitation of liability
BY VIEWING, USING, OR INTERACTING IN ANY MANNER WITH THIS SOFTWARE (AUTOTONIC), INCLUDING RELATED DOCUMENTS, ADVERTISING, WEBSITE, DOWNLOADS ETC., AND AS A CONDITION OF THE SOFTWARE TO ALLOW HIS LAWFUL USING, USER FOREVER WAIVES ALL RIGHT TO CLAIMS OF DAMAGE OF ANY AND ALL DESCRIPTION BASED ON ANY CAUSAL FACTOR RESULTING IN ANY POSSIBLE HARM, NO MATTER HOW HEINOUS OR EXTENSIVE, WHETHER PHYSICAL OR EMOTIONAL, FORESEEABLE OR UNFORESEEABLE, WHETHER PERSONAL OR BUSINESS IN NATURE. NEITHER AUTOTONIC NOR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, PURCHASE OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO LOST PROFITS, PHYSICAL OR EMOTIONAL, FORESEEABLE OR UNFORESEEABLE, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE THIS PRODUCT (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) EVEN IF AUTOTONIC WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
7. No unbundling
The software usually contains a variety of different files which in its configuration ensure the complete functionality of the software so the software may be used as one product only. You are not allowed to rearrange components of the software in a new way and develop a modified version of the software or a new product as a result, also the configuration of the software may not be modified for the purpose of distribution, assignment or resale. The software is licensed for installation and use only in the manner it was provided to you.
8. Reverse engineering and copying limitations
You may make one copy of the software for backup purposes only, provided you include all copyright notices contained on the original media on the backup copy. You may not modify, translate, adapt, reverse engineer, decompile, create other works from, or disassemble the software or any portions thereof (except and to the extent that applicable law expressly permits reverse engineering, decompilation or disassembly).
9. Technical limitations
The software may include technological measures that are designed to prevent or detect unlicensed use of the software, any attempt to circumvent technical limitations may render the software or certain features unusable or unstable, and may prevent you from using, updating or upgrading the software.
9. Excluded products.
AutoTonic and its suppliers give no warranty for software free of charge, including software designated as „demo”, „trial”, „pre-release,” „beta” or „test”. This software is provided „as is“.
To the extent permitted by law, and without prejudice to any other rights AutoTonic may have, AutoTonic may terminate your license if you materially breach these terms and conditions.
11. Third-party software and information.
This eula governs any third-party software distributed by AutoTonic. AutoTonic may include information about third party products and services, including links to web sites run by others. AutoTonic is not responsible for, and does not endorse or sponsor, this third-party information.
12. Consent to use data.
AutoTonic may collect and use technical information about the software and hardware devices you use in connection with the software’s authorization method and may also disclose this information to third parties to use this information to improve our products or to provide customized services or technologies.
This document and any associated software, computer code, themes, artwork, animations, objects dialog concepts, design concepts or product designs are subject to copyright protection, so no part of this document may be reproduced, in any form, without prior written permission of AutoTonic (which is owned by Ing. Clemens Slama, Vienna). Your rights to the software are governed by the accompanying User License Agreement. This EULA is subject to change without notice.
Should you have any questions, please contact us here:
© AutoTonic e.U. by Clemens Slama
AutoTonic-Patent: AT 516.297, UID: ATU71301735
EULA 02/08/2018, All rights reserved