Copyright (c) 2020 EFSB-Software GbR, Birkachstr.7,Schwaebisch Gmuend
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USINGTHIS SOFTWARE.
By receiving, opening the file package, and/or using Traiv("Software") containing this software, you agree that this End UserUser License Agreement(EULA) is a legally binding and valid contract and agreeto be bound by it. You agree to abide by the intellectual property laws and allof the terms and conditions of this Agreement. Unless you have a different license agreement signed byEFSB-Software GbR your use of Traiv indicates your acceptance of this license agreement and warranty. Subject to the terms of this Agreement, EFSB-Software GbRgrants to you a limited, non-exclusive, non-transferable license, without rightto sub-license, to use Traiv inaccordance with this Agreement and any other written agreement withEFSB-Software GbR. EFSB-Software GbR does not transfer the title of Traiv to you; the license granted to you is not asale. This agreement is a binding legal agreement between EFSB-Software GbR andthe purchasers or users of Traiv.If you do not agree to be bound by this agreement, removeTraiv from your computer now and, ifapplicable, promptly return to EFSB-Software GbR by mail any copies ofTraiv and related documentation andpackaging in your possession.
Traiv and the licenseherein granted shall not be copied, shared, distributed, re-sold, offered forre-sale, transferred or sub-licensed in whole or in part except that you maymake one copy for archive purposes only. For information about redistributionof Traiv contact EFSB-Software GbR.
3. USER AGREEMENT
3.1 UseYour license to use Traiv is limited to the number of licenses purchased by you. You shall notallow others to use, copy or evaluate copies of Traiv .
3.2 Use RestrictionsYou shall use Traiv in compliance with all applicable laws and not for any unlawful purpose.Without limiting the foregoing, use, display or distribution of Traiv together with material that is pornographic,racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred,discriminating or displaying prejudice based on religion, ethnic heritage,race, sexual orientation or age is strictly prohibited. Content that fitone of the mentioned prohibited definitions will immediatly be deleted fromTraiv. To contact Traiv / EFSB-Software GbR for deleting such content therewill be a report/flag function. Within max 24h after first reporting thereported contend will be revised and if neccessary deleted if it contains prohibited contend. There also will be afunction to blog abusive users and define once own profile as private. Each licensed copy of Traiv may be used on one singlecomputer location by one user. Use of Traiv means that you have loaded, installed, or run Traiv on a computer or similar device. If youinstall Traiv onto a multi-userplatform, server or network, each and every individual user of Traiv must be licensed separately. You may make one copy of Traiv for backup purposes, providing you only haveone copy installed on one computer being used by one person. Other users maynot use your copy of Traiv . Theassignment, sublicense, networking, sale, or distribution of copies ofTraiv are strictly forbidden without theprior written consent of EFSB-Software GbR. It is a violation of this agreementto assign, sell, share, loan, rent, lease, borrow, network or transfer the useof Traiv . If any person other than yourself uses Traiv registered in your name, regardless ofwhether it is at the same time or different times, then this agreement is beingviolated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secretsand other proprietary material. You shall not, and shall not attempt to,modify, reverse engineer, disassemble or decompile Traiv . Nor can you createany derivative works or other works that are based upon or derived from Traiv in whole or in part.EFSB-Software GbR's name, logo and graphics file thatrepresents Traiv shall not be used inany way to promote products developed with Traiv . EFSB-Software GbR retains sole andexclusive ownership of all right, title and interest in and to Traiv and all Intellectual Property rights relatingthereto. Copyright law and international copyright treaty provisionsprotect all parts of Traiv , products and services. No program, code, part,image, audio sample, or text may be copied or used in any way by the userexcept as intended within the bounds of the single user program. All rights notexpressly granted hereunder are reserved for EFSB-Software GbR.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend EFSB-SoftwareGbR , its employees, agents and distributors against any and all claims,proceedings, demand and costs resulting from or in any way connected with youruse of EFSB-Software GbR's Software.In no event (including, without limitation, in the event ofnegligence) will EFSB-Software GbR , its employees, agents or distributors beliable for any consequential, incidental, indirect, special or punitive damageswhatsoever (including, without limitation, damages for loss of profits, loss ofuse, business interruption, loss of information or data, or pecuniary loss), inconnection with or arising out of or related to this Agreement, Traiv or the use or inability to use Traiv or the furnishing, performance or use of anyother matters hereunder whether based upon contract, tort or any other theoryincluding negligence.EFSB-Software GbR's entire liability, without exception, islimited to the customers' reimbursement of the purchase price of the Software(maximum being the lesser of the amount paid by you and the suggested retailprice as listed by EFSB-Software GbR ) in exchange for the return of theproduct, all copies, registration papers and manuals, and all materials thatconstitute a transfer of license from the customer back to EFSB-Software GbR.
Except as expressly stated in writing, EFSB-Software GbRmakes no representation or warranties in respect of this Software and expresslyexcludes all other warranties, expressed or implied, oral or written,including, without limitation, any implied warranties of merchantable qualityor fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the DEapplicable therein. You hereby irrevocably attorn and submit to thenon-exclusive jurisdiction of the courts of DE therefrom. If any provisionshall be considered unlawful, void or otherwise unenforceable, then thatprovision shall be deemed severable from this License and not affect thevalidity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of thisAgreement will result in automatic and immediate termination of this license.Upon termination of this license granted herein for any reason, you agree toimmediately cease use of Traiv anddestroy all copies of Traiv suppliedunder this Agreement. The financial obligations incurred by you shall survivethe expiration or termination of this license.