ANKHOR Intelligence GMBH
SOFTWARE LICENSE AGREEMENT FOR ANKHOR FlowSheet
THIS IS A LEGAL AGREEMENT between you (either an individual or an entity) and the ANKHOR Intelligence GmbH ("ANKHOR"). By clicking on the "Agree" or “Buy” button, you agree and are legally bound to all of its terms and conditions. Should you not agree to all of its terms and conditions, do not click on the "Agree" button and do not use any of the data or software and its accompanying software or data.
The software, documentation and any files accompanying this License (collectively the "ANKHOR FlowSheet") are licensed, not sold, to you by ANKHOR for use only under the terms of this license. ANKHOR reserves all rights not expressly granted to you. All rights granted herein are limited to ANKHOR's intellectual property rights and do not include any other patents or intellectual property rights. This license automatically applies to all subsequent versions of ANKHOR FlowSheet unless it is accompanied by a license of its own, in which case those versions will be governed by the license they are accompanied by.
2. Grant of Limited License
ANKHOR grants to you, the licensee, the non-exclusive, limited right to install and use ANKHOR FlowSheet. This right does not entitle the licensee to sub-license the software. Provided that the licensee does not purchase a full license version of ANKHOR FlowSheet and agrees to this license only for testing purposes, the licensee may use the ANKHOR FlowSheet on a trial basis for a maximum of 60 days (the "test phase"). The test phase starts by initially installing ANKHOR FlowSheet. For free software marked „ANKHOR FlowSheet Community Edition“, clauses 1 of this paragraph and no time limit applies.
Provided that the licensee does purchase a full license version of ANKHOR FlowSheet, no time limit applies. The licensee may install ANKHOR FlowSheet
(a) for multiple users on a single machine, provided that the licensee makes sure that all users have read and agreed to this license
- or -
(b) on up to three machines for use by a single user.
In any case, installation of the software on a server is prohibited.
In any case, a single license and license code may never be in use by multiple users on multiple machines, regardless of whether this use is concurrent or not.
The licensee may not modify, decompile, disassemble or reverse-engineer ANKHOR FlowSheet.
The licensee may not use ANKHOR FlowSheet on systems, equipment and in environments, in which the failure of ANKHOR FlowSheet could lead to death, personal injury or physical, virtual, financial, environmental or other damage.
ANKHOR FlowSheet is protected by national and international copyright laws. Without an explicit permission in writing, the licensee may not make any copies of ANKHOR FlowSheet. The licensee is permitted to make a single copy for private backup use, that is not accessible by any other person than the licensee. The transfer, relaying, copying, transmission or supply of ANKHOR FlowSheet, completely or in parts, in modified form or in original condition, in any way, including, but not limited to, electronic transmission, copies on magnetic or optical storage media and the transmission over networks, for free or for payment are strictly prohibited. Under no circumstances may the licensee make, pass on or spread any copies of the license code.
The licensee may only make a one-time, permanent transfer of all license rights to ANKHOR FlowSheet to a third party, giving up all license rights. Temporarily or partially allocating the license to a third party is prohibited. The transfer requires the agreement of ANKHOR. ANKHOR will allow the transfer if the licensee can provide a written agreement of the third party in which it agrees to the terms of this license.
ANKHOR FlowSheet is provided "as-is". ANKHOR does not give any warranties of any kind, including but not limited to the fitness of ANKHOR FlowSheet for a particular purpose or need, its reliability, compatibility, stability, performance, quality, accuracy, effort, error-freeness, non-infringement of third party rights or that errors will be corrected. The licensee expressly acknowledges and agrees to use ANKHOR FlowSheet entirely on his/her own risk and responsibility and that ANKHOR, its employees, owners, partners or distribution partners, can in no case be made liable or held responsible for any damages (including, but not limited to particular, incidental, direct, indirect and consequential damages), including, but not limited to, loss of profits, loss of data, business interruption, any commercial damages or losses, failure or damaging of hardware and personal injury, arising out of or related to the licensee's use of the ANKHOR FlowSheet including any information contained in or related to it, even if ANKHOR has previously been advised of the possibility of such damages and losses. In the exceptional case that ANKHOR agreed to be liable to the licensee, ANKHOR's total liability to the licensee is limited to the license fee for all damages.
6. Import and Export
The files, data and items included in delivery of this product can contain technologies, the import and/or export of which are regulated by laws or regulations. Therefore the product (or any part thereof) may only be imported, exported or re-imported in the respective countries under accordance with these laws and the permission of the respective authorities. Furthermore the user, customer or importing dealer has to preliminarily check for any patent- or trademark-/brand-infringements that may be created/caused by ordering or using the product in the respective destination country and has to refrain from this if any infringements may be created/caused by doing so. In no case it is possible to make ANKHOR, its owners or employees liable for any patent-, trademark/brand infringements or import/export regulations infringements. The sole responsibility and liability lies with the respective customer of ANKHOR.
7. Terms of Service
7.1 Data Privacy
The licensee explicitly complies with ANKHOR electronically storing and processing his or her personal data and the data required for the business relationship with ANKHOR. ANKHOR commits to treating this data confidentially and not forwarding it to third parties, unless required by statutory provisions and regulations or required measurements due to ANKHOR's legal interest.
7.2 Check for Update
ANKHOR FlowSheet may contain a feature that can automatically check for updated versions of ANKHOR FlowSheet. Only product version information and no personal data is sent in this process. The licensee's IP is recorded in the server's log files and may be used to generate anonymous site usage statistics.
7.3 Online Verification of the License Code
Provided that ANKHOR FlowSheet contains a function for online verification, the transmitted data is limited to the required personal registration data of the licensee, the license code, a non-unique machine identifier and checksums on the data previously listed. The checksums are saved together with the IP address of the verification request. The licensee is, each and every time, asked for explicit permission before any data is transmitted to the verification service.
7.4 Diagnostic and Usage Data
ANKHOR ask the licensee for assistance in improving the quality and performance of its products. ANKHOR FlowSheet automatically collects diagnostic and usage information and these can be sent to ANKHOR for analysis. All diagnostic and usage data is collected anonymously and sent to ANKHOR anonymously. None of the information submitted identifies the licensee. The licensee is offered to disable sending the diagnostic and usage data.
8. Licensee's Warranty to ANKHOR
The licensee warrants that all individuals having access to ANKHOR FlowSheet have read and agreed to this license and that he/she will ensure that ANKHOR FlowSheet is only used in accordance with this license. The licensee agrees to immediately notify ANKHOR in writing of any misuse, unauthorized disclosure, misappropriation, copying or unauthorized displaying of ANKHOR FlowSheet that comes to the licensee's attention. The licensee also agrees to indemnify and remunerate ANKHOR for any and all claims resulting from the licensee's use of ANKHOR FlowSheet or a breach of this agreement.
This license is valid until its termination. The licensee's rights out of this license automatically end, even without notice from ANKHOR, if the licensee violates one or more of the terms of this license. Upon termination of this license, the licensee is comitted to stop any use of ANKHOR FlowSheet under this license and destroy all copies of ANKHOR FlowSheet owned by the licensee, and all parts of it.
10. Third Party Acknowledgements
Brands, trademarks, product names, product illustrations and logos are only used for the identification of the respective products and can be trademarks, registered trademarks or brands of the respective manufacturers/owners.
11. Third Party License Terms
Some of the libraries used by ANKHOR FlowSheet components directly or as instructions for the user's implementations of functionality require the display of the accompanying license texts. These licenses are applicable only to the original source codes of the respective libraries and NOT to ANKHOR FlowSheet.
12. Governing Law and Language
This license is governed by the laws of Germany, excluding international private right and the United Nations purchase law. References to statutory provisions always refer to those according to German law. At inconsistencies between translated versions of this license agreement the German version is binding. The exclusive place of jurisdiction for any disputes or lawsuits is Leipzig, Germany.
13. Safeguarding Clause
If any part of this license is invalid or unenforceable, then the remaining parts of the license remain in full force and effect. In place of the affected parts those terms become operative that are closest to the intentions of the invalid part. This is also effective for the case that the license agreement proves incomplete.
Version: April 24, 2015