FREEWARE END USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY:

Below you will find the contractual agreements governing the use of this Software which is distributed as freeware. These conditions apply to you, the user, and to OLYMPUS SOFT IMAGING SOLUTIONS GmbH (Hereinafter referred to as “OLYMPUS SOFT IMAGING SOLUTIONS”). With any of the following actions you explicitly agree to be bound by the conditions of this contract: installing the Software, opening the package, breaking of one of the seals or using the Software.
In case you do not agree with any of the conditions of this contract, please return all parts of the Software and/or delete it from your system before using it without delay. Remove all Software installations of the Software from any computer you might have installed it on.

§ 1. Scope

(1)  This License agreement explicitly covers only the freeware Software files either downloaded or stored on a CD or other media, full program, the manuals, together referred to as “Software”, as far as they were developed and created by OLYMPUS SOFT IMAGING SOLUTIONS.

(2)  The Software may be modified or enhanced by OLYMPUS SOFT IMAGING SOLUTIONS or its licensors for debugging, upgrading or any other purposes. The Software shall contain such modified or enhanced version. We recommend that you use the modified or enhanced version; you should not use both versions (the previous and the enhanced version) at the same time. You have, however, no right to receive modifications or enhancements or upgrades, unless those are provided for warranty purposes (Sec. 5) and you have a legitimate claim towards warranty.

§ 2. User rights

(1)  OLYMPUS SOFT IMAGING SOLUTIONS permits the User, for the duration of this contract, to use the Software. This license is explicitly non-exclusive, i.e., the User does not have an exclusive right to use the Software. As a licensed user you can copy the Software from one computer to another by using a computer network or other storage devices, as long as it is assured, that the conditions set forth under § 4 are observed.

(2)  The User has the right to produce a copy of the Software only for backup purposes. You may not alter, modify or translate the software in any way, nor may you disassemble, decompile or reverse engineer it, except that you may decompile the software only to the extent permitted by law where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the software or with another program and such information is not regularly available from OLYMPUS SOFT IMAGING SOLUTIONS or elsewhere.

(3)  This license does not grant you any rights, license or interest in or to any improvements, modifications, enhancements or upgrades/updates to the software.

§ 3. Transfer

You may not transfer the software, its documentation or the license agreement to a third party without OLYMPUS SOFT IMAGING SOLUTIONS’ prior written approval nor may you rent, lease, sublicense or sell it. You are specifically prohibited from charging, or requesting the donations, for any copy of the software and/or documentation, however made including any medium (i.e. internet); and from distributing the software and/or documentation together with any other products (commercial or otherwise) without prior written permission of OLYMPUS SOFT IMAGING SOLUTIONS. You may, however, make an one time permanent transfer of all  license  rights transferring  the use right  to a third party, provided that you also transfer this license, and the software and all other software or hardware bundled or preinstalled with the software including all copies and documentation, that you do not retain any copies, including back-ups and copies stored on the computer or any other storage device, and that the party receiving the software reads and agrees to all the terms and conditions of this license.

§ 4. Copyright

(1)  OLYMPUS SOFT IMAGING SOLUTIONS, its subsidiaries and licensors (collectively, "Licensors") remain owners of the Software. No rights in the Software are granted except for as otherwise expressly permitted herein. 

(2)  The Software may be distributed together with (i) third party software component ("Third Party Software"). This Agreement does not govern the use of Third Party Software. Third Party Software may be subject to separate license terms. Nothing in this Agreement shall limit, modify, extend or restrict rights and obligations contained in the license terms governing the Third Party Software.

§ 5. Warranty

(1)  The Software is delivered to you free of charge “AS IS” and without warranties as to any matter including without limitation performance or merchantability or any other warranties whether expressed or implied including all faults. You expressly acknowledge and agree that use of the Software is entirely at you own risk. OLYMPUS SOFT IMAGING SOLUTIONS does not warrant the results you may obtain by using the Software or any related third party material. Except to the extent any warranty, condition, representation or term cannot or may not be excluded or limited by applicable law, OLYMPUS SOFT IMAGING SOLUTIONS  make no warranties, conditions, representations or terms as to any matter including without limitation non-infringement of third party rights, merchantability, integration, accuracy, satisfactory quality, or fitness for any particular purpose. OLYMPUS SOFT IMAGING SOLUTIONS does not warrant against interference with your hardware and software environment, that the operation of the Software will be uninterrupted or error-free, that the Software will be compatible with third party software or that defects in the Software will be corrected.

(2)  This warranty does not cover defects in the Software which are due to improper installation or changes to the program which you have undertaken.

(3)  OLYMPUS SOFT IMAGING SOLUTIONS does not warrant, that the Software is defect free, that the Software fulfills the specific requirements of the User, or that the Software works with other Software provided by the User.

(4)  Where any legitimate claim in respect to the Software which is based on any defect in the quality or condition of the Software to meet the specification is notified to OLYMPUS SOFT IMAGING SOLUTIONS in accordance with these conditions, OLYMPUS SOFT IMAGING SOLUTIONS shall be entitled at its own discretion to either replace the goods free of charge or repair the goods.

(5)  You are obligated to establish sufficient precautions for the case of Software malfunctions (for example by regular data storage, frequent backups, verification of results, emergency planning). It is your responsibility to provide a suitable system environment.    

§ 6. Liability

(1)  As the Software is given to you free of charge we are solely liable for intentionally inflicted damages.

§ 7. Contract duration, legal consequences of violating the license

(1)  The contract is deemed to be in force for an unspecified period. The User rights are automatically terminated if one of the conditions of the contract has been violated.

(2)  In case of a contract violation the User has to delete the files of the Software, has to return the original storage devices and all copies thereof including all modified copies, all printed and written documentation to OLYMPUS SOFT IMAGING SOLUTIONS GmbH, or the User has to destroy these items.

(3)  In addition OLYMPUS SOFT IMAGING SOLUTIONS GmbH reserves the right to file a lawsuit to claim reparations for damages, non-compliance, or removal of the Software in case of license violations. The following laws and/or conditions are in effect: the conditions of this contract, copyright laws, and the laws of the civil code.

§ 8. Applicable Law, Place of Performance and Jurisdiction

This Agreement shall be governed by German law. The Convention of Contracts for the International Sale of Goods (CISG) shall not apply. Place of Performance and Jurisdiction shall be Münster, Germany.

§ 9. Severability

In the event a provision of this Agreement is or becomes invalid or should this Agreement be incomplete, the validity of the remaining provisions shall not be affected thereby. The invalid or incomplete provision shall be substituted or supplemented, respectively, by an appropriate one reflecting – to the extent legally permissible – as closely as possible what the parties hereto had originally intended or would have intended according to the sense and purpose of this Agreement, if the specific issue had been taken into consideration by them.