SONOLUCA Software License

SONOLUCA GbR, Gutleutstr. 294, 60327 Frankfurt/Main, Germany,

PLEASE READ CAREFULLY THE LICENSE AGREEMENT BELOW BEFORE USING THIS SOFTWARE ON YOUR COMPUTER. BY USING THIS SOFTWARE OR BY OPENING THE PACKAGE INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITION BELOW. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD NOT USE THE SOFTWARE. THE ENCLOSED SOFTWARE IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS OF THIS LICENSE, AND SONOLUCA RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED TO YOU.

1. License

1. This License allows you to use one copy of the Software on a single computer at a time. To "use" the Software means that the Software is either loaded in the temporary memory (i.e., RAM) of a computer and/or installed on the permanent memory of a computer (i.e., hard disk, etc). If you want to use multiple copmuter at the same time you must acquire and dedicate a license for each separate client or computer on which the Software is run.
2. This License allows you make one copy of the Software in machine readable form solely for backup purposes. As an express condition of this License, you must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied by SONOLUCA.
3. Notwithstanding any other terms in this License, if the Software is licensed as an upgrade or update, then you may only use the Software to replace previously validly licensed versions of the same software. You agree that the upgrade or update does not constitute the granting of a second license to the Software (i.e., you may not use the upgrade or update in addition to the software it is replacing, nor may you transfer the software which is being replaced to a third party).
4. You are allowed to transfer the Software and the license to another party if the other party agrees to accept the terms and conditions of this Agreement. If you transfer the Software, you must at the same time either transfer all copies whether in printed or machine-readable form to the same party or destroy any copies not transferred.

2. Copyright

The Software contains trade secrets and, to protect them, you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM EXCEPT AS PERMITTED UNDER APPLICABLE LAW. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE, DOCUMENTATION, PROGRAM FILES, PROGRAM STRUCTURE, PROGRAM ORGANISATION, ICONS OR ANY PART THEREOF.

3. Termination

This License is effective until terminated. This License will terminate immediately without notice from SONOLUCA or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof. You can immediately terminate this License if you destroy the software including all copies.

4. Warrenty and Liability

Although SONOLUCA has thoroughly tested the programs and reviewed the documentation, SONOLUCA cannot guarantee that the program will suit your needs, nor that it will function correctly in every hardware or software environment, nor that its operation will be uninterrupted or infallible.

SONOLUCA warrants that the disk on which the software is recorded is free from defect materials and workmanship under normal use and conditions for a period of ninety (90) days from the date of delivery to the original license as evidenced by the original receipt. During this period, if there is any defect in the materials or workmanship to the disk, you should return it to SONOLUCA, together with your original fee receipt, and it will be repaired or replaced free of charge. If you ship the software to SONOLUCA, you must pay all postage, shipping, transportation, insurance, and delivery costs.

In no event will SONOLUCA be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if SONOLUCA has been advised of the possibility of such damage. The parties agree that this limitation of remedies and damages provision shall be enforced independently of and survive the failure of essential purpose of any warranty remedy.

5. Restrictions.

THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, OR OTHER ENVIRONMENTS IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

6. General

1. This License shall be governed by the laws of Germany. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. Any waiver or amendment of any provision of this License shall be effective only if in writing and signed by both you and SONOLUCA.
2. Court of jurisdiction is Frankfurt/Main, Germany.