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IMPORTANT: THIS LICENCE AGREEMENT (« LICENCE ») APPLIES TO YOUR DOWNLOADING AND USE OF ADONIS:CE. CAREFULLY READ THIS LICENCE BEFORE USING ADONIS:CE.
* YOUR INSTALLATION, COPYING, OR USE OF ADONIS:CE INDICATES YOUR ACCEPTANCE OF THIS LICENCE, AND THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL OF ITS TERMS.
* IF YOU ARE DOWNLOADING OR USING ADONIS:CE ON BEHALF OF ANY ORGANISATION, COMPANY OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO ENTER INTO THIS LICENCE ON BEHALF OF SUCH ENTITY. ALL REFERENCES HEREIN TO « YOU » SHALL APPLY TO SUCH ENTITY.
* IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENCE, THEN DO NOT DOWNLOAD, COPY, INSTALL, OR USE THIS PRODUCT VERSION.

A. DEFINITIONS
ADONIS:CE consists of all materials made available by BOC ITC AG for downloading under this licence, which may include, but are not limited to, computer program(s), software, and code; the Images (as defined below); templates; symbols; text; accompanying printed materials; and « online » or electronic documentation.

B. LICENCE RIGHTS
BOC ITC AG hereby grants you a non-exclusive, non-transferable licence (without the right to sublicence) to use ADONIS:CE in accordance with all of the terms and conditions of this licence.

IT IS NOT ALLOWED
1. to install, use, distribute or copy ADONIS:CE except as expressly permitted in this licence,
2. to attempt to use ADONIS:CE in client-server mode, defeat any use restriction incorporated into ADONIS:CE, or translate, reverse engineer, decompile, or disassemble ADONIS:CE, except to the extent, if any, that such activities are clearly and expressly permitted by applicable law despite such restrictions,
3. to sell, transfer, rent, lease or assign a ADONIS:CE licence,
4. to modify a ADONIS:CE, to merge ADONIS:CE as part of any other product or collection of products, or create derivative works derived from ADONIS:CE or any component thereof, without the prior written consent of BOC,
5. to use ADONIS:CE, or any of its components, to create any product that competes with BOC’s products, or any of their components,
6. to transfer ADONIS:CE or your rights under this licence to someone else and
7. to transfer ADONIS:CE account details to someone else.

In addition, in no event BOC ITC AG authorises you or anyone else to use ADONIS:CE in applications or systems where ADONIS:CE’s failure to perform could reasonably be expected to result in significant physical injury, property damage, or loss of life, including but not limited to use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapons systems. ADONIS:CE is not fault-tolerant and is not designed, manufactured or intended for any such use. Any such use is entirely at your own risk, and you agree to defend, indemnify and hold BOC ITC AG, and its principals, shareholders, officers, employees, affiliates, contractors, and licencers, harmless from any and all claims or losses relating to such unauthorised use.

C. TERM
This licence shall remain in effect only as long as you are in full compliance with all of its terms and conditions, and shall terminate automatically if you fail to comply with any such terms or conditions. Upon termination of this licence, you shall have no right to make any further use of ADONIS:CE, and you agree to destroy all copies of ADONIS:CE received, made or used by you in connection with this licence. Paragraphs D, E, and F and your indemnity obligations hereunder shall survive the termination for any reason of this licence.

D. OWNERSHIP
All patents, copyrights, trademarks, trade secrets and other intellectual property and other proprietary rights in ADONIS:CE are and shall remain in BOC ITC AG or its licencers. The source code of ADONIS:CE and all information regarding the design, structure or internal operation of ADONIS:CE are valuable trade secrets of BOC ITC AG or its licencers (« Confidential Information »). To the extent, if any, to which you learn any Confidential Information, you shall not sell, transfer, publish, disclose, display, or otherwise permit access by any third party to, the Confidential Information. The restrictions set forth in this Paragraph D do not apply to information that was publicly known prior to the time you received it, or which becomes known to you through no violation of any obligation of confidentiality on the part of you or any third party. You shall not remove any copyright or other proprietary notices contained in or displayed on ADONIS:CE. All rights of any kind in ADONIS:CE that are not expressly granted in this licence are entirely and exclusively reserved to BOC ITC AG or its licencers.

E. LIMITED WARRANTY, EXCLUSIONS OF LIABILITY
THE PROVISIONS OF THE PARAGRAPH E APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM COUNTRY TO COUNTRY.
ADONIS:CE is provided to you free of charge and « as is » without warranty of any kind. BOC ITC AG does not warrant that ADONIS:CE will meet your requirements, or that the operation of the product version will be uninterrupted or error free. The entire risk as to the results and performance of ADONIS:CE is assumed by you. BOC ITC AG does not make, and hereby disclaims any implied warranties of non-infringement, merchantability and fitness for a particular purpose. No oral or written information or advice given by BOC ITC AG, its dealers, distributors, agents or employees shall create a warranty and you may not rely on any such information or advice.
Neither BOC ITC AG, its principals, shareholders, officers, employees, contractors, affiliates, licencers, nor anyone else who has been involved in the creation, production or delivery of ADONIS:CE, shall be liable for any business interruption, or loss of business, data or use of computer systems, regardless of how the foregoing damages are characterised, or for any direct, indirect, consequential, incidental, punitive or any other damages arising out of the use or inability to use ADONIS:CE, even if BOC ITC AG has been advised of the possibility of such damages. The limitations set forth above shall be deemed to apply to the maximum extent permitted by applicable law. You acknowledge and agree that you have fully considered the foregoing allocation of risk and find it reasonable in light of the fact that ADONIS:CE is supplied to you free of charge, and that the foregoing limitations and exclusions are an essential basis of the bargain between you and BOC ITC AG.

F. NO TECHNICAL SUPPORT
Our technical support organisation will not provide technical support, phone support, or updates to you for the programmes licenced under this agreement.

G. GENERAL
This licence forms the entire agreement between you and BOC ITC AG regarding the subject matter set forth herein, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This licence shall be governed by and construed in accordance with the laws of Austria, excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention.

You agree that this agreement is the complete agreement for the programs and licences, and this agreement supersedes all prior or contemporaneous agreements or representations. If any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. The prevailing party in any action to enforce or interpret this licence shall be entitled to recover its costs and expenses, including attorneys » fees.

You agree to the exclusive jurisdiction of, and venue in, the courts located in Vienna, Austria for any dispute or matter relating to, arising from or connected with this licence. Notwithstanding the foregoing, BOC ITC AG shall have the right to seek injunctive relief and the enforcement of judgments in any court of competent jurisdiction. Any waiver by BOC ITC AG of any violation of this licence by you shall not constitute, nor contribute to, a waiver by BOC ITC AG of any other or future violation of the same provision, or any other provision, of this licence. The parties acknowledge and agree that no third party (including but not limited to your customers, clients or licencees) shall have any rights, either against BOC ITC AG or BOC ITC AG’s licencers, as a third party beneficiary of any rights, licences, products or services granted or provided by us to you hereunder.

BOC ITC AG may freely assign or delegate this licence, in whole or in part. This licence is personal to you, and you agree not to assign or delegate, in whole or in part, this licence or any of your rights or obligations hereunder. Any assignment in violation of the forgoing restrictions shall be considered null and void. You agree that your use of ADONIS:CE shall comply with all applicable laws and regulations. Without limiting the foregoing, you understand that ADONIS:CE is subject to the export control laws and regulations of Austria. You agree that you will not export or re-export ADONIS:CE in violation of such laws or regulations.

BOC ITC AG reserves the right to check back with you to ensure that you are in full compliance with this licence.
Last updated: 2011-04-15

Should you have any questions concerning this licence agreement, or if you desire to contact BOC ITC AG for any reason, please write:

BOC Information Technologies Consulting AG (BOC ITC AG)
Operngasse 20b
1040 Vienna
AUSTRIA

BOC ITC AG may contact you to ask if you had a satisfactory experience installing and using ADONIS:CE or for further marketing purposes.

BY CLICKING ON THE « ACCEPT Licence Agreement » BUTTON BELOW, YOU ACKNOWLEDGE THAT YOUR ARE BOUND BY THE TERMS OF THIS LICENCE. IF YOU DOWNLOAD OR USE ADONIS:CE ON BEHALF OF ANY ORGANISATION, COMPANY OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO ENTER INTO THIS LICENCE ON BEHALF OF SUCH ENTITY.

J’accepte les conditions de la licence