Copyright © 2012 mogular GmbH
END-USER LICENSE AGREEMENT
FOR ALL SOFTWARE COMPONENT PRODUCT(S)
Definitions: This mogular GmbH License Agreement (“EULA”) is a legal agreement between you (either as an individual user, corporation or single entity) and mogular GmbH for the BizBoard product which includes Computer software, and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT” or “SOFTWARE”). By exercising your rights to install BiZBoard, you agree to be bound by the terms of this EULA, including the limitations and warranty disclaimers. If you do NOT agree to the terms of this EULA, you may not install nor use BizBoard;
(1) DISPLAY: A display in this EULA is a medium which shows BizBoard for an end user
(2) DASHBOARD: Data can be presented on different, alternating dashboards in one display.
(3) BIZBOARD CONNECTOR: A BizBoard Data Connector is an interface to gather data from different data sources, like sql databases or textfiles.
(4) BIZBOARD QUERY: A BizBoard Query is a query executed on a BizBoard Data Connection. The functionality of a query depends on the type of the BizBoard Data Connector.
SOFTWARE PRODUCT LICENSE
BizBoard is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. GRANT OF LICENSE.
This is a license agreement, and NOT an agreement for sale. mogular GmbH retains ownership of the copy of BizBoard in your possession, and all copies you may be licensed to make. mogular GmbH retains all rights not expressly granted to you in this LICENSE. mogular GmbH hereby grants to you, and you accept, a non-exclusive, non-transferable license to use and copy BizBoard only as authorized below.
Provided that you have accepted these terms contained herein, this EULA grants you the following rights:
3. INSTALLATION AND USE :
BizBoard is delivered with different licenses. A license defines which BizBoard Data Connectors are delivered and could be used and which BizBoard Queries can be created. Furthermore the license defines the total number of displays and alternating dashboards which can be used.
PAID LICENSE: The scope of all paid licenses are defined in the pricelist.
FREE OF CHARGE(Lite Version): You are granted a free of charge license to use BizBoard with a limited number of data connectors and query types. You are allowed to use BizBoard on as much displays as you want. The Software is delivered “AS IS” – for the free license there is no service offered. You do not have any rights to claim corrections or updates. mogular GmbH reserves the right to change the Lite Version license conditions.
For All Licenses: In no case shall you rent, lease, lend, redistribute nor re-license BizBoard or source code to a 3rd party individual or entity, except as outlined above. In no case shall you grant further redistribution rights for BizBoard to the end-users of your solution.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Termination. Without prejudice to any other rights, mogular GmbH may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of BizBoard and all of its component parts, source code, associated documentation, and related materials.
All title and copyrights in and to BizBoard(including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into BizBoard PRODUCT), the accompanying printed materials, and any copies of BizBoard are owned by mogular GmbH. BizBoard is protected by German copyright laws and international treaty provisions. Therefore, you must treat BizBoard like any other copyrighted material.
4. LIMITED WARRANTY.
NO WARRANTIES. mogular GmbH expressly disclaims any warranty for BizBoard PRODUCT. BizBoard and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of BizBoard remains with you.
5. LIMITATION OF LIABILITY.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall mogular GmbH or its distributors be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this mogular GmbH product (BizBoard®) and related materials, even if mogular GmbH has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
If you have any questions regarding this End User License Agreement, please write to: