Please read the following terms carefully before installing and using the migration-center free evaluation copy. By installing the migration-center free evaluation copy for non-productive usage, you agree to the terms of this license agreement. Other Terms and Conditions are not accepted. The use of the Software is exclusively subject to the following terms. If you do not agree to any of the terms of this agreement, you may not download and install this Software.
Object of this Agreement
fme AG, with principal offices at Wolfenbütteler Straße 33, 38102 Braunschweig, Germany, (herein called “Licensor”) develops computer programs (herein called “Software”) and markets their use to third parties (“Licensees”). fme AG grants the Licensee a non-transferable and non-exclusive right to use the Software for an limited period of time for testing or evaluation reason (non-productive usage) free of charge. The Software is provided for downloading on the fme AG website on the Internet.
Grant of License; Right to use; Limitations on use
- Internal Use – The usage of the Software is restricted to internal use by Licensee. Licensee shall have no right under this Agreement to engage in any kind of external use of the Software, be it through services rendered by Licensee or by sublicensing or by otherwise making the Software available to third parties in any form whatsoever. Notwithstanding the foregoing, third parties who are subcontractors of Licensee may perform services for Licensee which involve the use of the Software so long as the Software remains on Licensee’s IT infrastructure and so long such subcontractors have agreed to be bound by the terms and conditions of this Agreement.
- Manner of Use – Licensee shall not use the Software in any manner not contemplated in the User Manual or in this Agreement, or contrary to any instructions or other communications from Licensor, or in any manner that is illegal, for an illegal purpose, or for a purpose that is illicit or directly or indirectly with a view to infringe any rights of third parties.
- Copyright – The Software is copyrighted. The copyright remains with the Licensor. The Licensee is not permitted to assign or distribute sublicenses. All right, title and interest, all ownership rights, and all intellectual property rights in and to the Software (including without limitation the related source code, object code and documentation) are and shall remain solely and exclusively in the Licensor. Licensee agrees not to take any action to jeopardize, limit or interfere in any manner with Licensor’s ownership of or rights in and to the Software. All such rights remain exclusively with Licensor and, where applicable, with the listed component suppliers, whose own individual license terms are equally binding upon Licensee. Licensee acquires no right, title or interest whatsoever in or to the Software except the right to use the Software as specifically provided in this Agreement. Licensee acknowledges that the Software is protected by copyright and other intellectual property laws and by international treaties and agrees to abide by all applicable laws, regulations and treaties in regard thereto.
- Copying and Backup – Licensee is not allowed to replicate the Software other than as necessary to execute and run the Software on a designated computer system for testing or evaluation reason (non-productive usage). The Licensee is not permitted to produce copies of this Software for any other purposes, to reproduce the Software in any other way and/or to make the Software available to third-parties.
- Source Code – The Software is made available in object code format only. Licensee shall refrain from any attempt to obtain the source code through disassembly, decompilation, reverse engineering or any other method.
- Manipulation and Customization – The Licensee is not permitted to make any changes to the Software, especially to develop it any further or to retranslate it or to extract portions from it. The Licensee may not change or remove the copyright or any other protection rights within the Software.
- Third Party Components of the Software – The non-proprietary components used in the Software are subject to the license agreements of the respective holder of rights and are mandatory for the Licensee.
Limited Software Warranty
The Licensee is aware of the fact that, given the current state of technology, errors in software programs cannot be excluded and that it is impossible to create data-processing programs so that they function flawlessly under any application conditions and under any requirements on the part of the Licensee with any programs of third parties. Guaranties regarding certain properties or the usability for individual applications intended by the Licensee are not made.
In view of the free provision of the Software, liability for any defects in quality and title is limited to malicious non-disclosure on the part of the Licensor. Using the Software under these conditions is at Licensee’s own risk and is restricted to testing or evaluating the Software only. It does not entitle Licensee to Software Support or error correction or warranty.
Limitation of Liability
Liability on the part of the Licensor is excluded due to its free provision of the Software, except for liability pursuant to product liability law; that is, for intent or malice aforethought, for gross negligence, for harm to life, limb or health, for malicious non-disclosure of a defect or for violating basic contractual obligations. Liability claims for violation of material contractual obligations are limited to the typical foreseeable damages, unless intent or gross negligence is involved. This does not imply in any way a reversal of onus of proof against the Licensee.
Duration and Termination
This Agreement is of limited duration and it may be terminated at any time by Licensor. Licensor reserves the right to withdraw the license from the Licensee via extraordinary termination for violation of this license agreement. Upon termination of this Agreement for whatever reason, Licensee must immediately cease to use the Software. All existing copies of the Software, including received Software Updates, must be returned to Licensor or, with Licensor’s explicit consent, be deleted from Licensee’s computers and backups. All documentation of the Software delivered to Licensee shall also be returned or destroyed. No termination or expiration of this Agreement shall affect the survival and enforceability of any provision of this Agreement for which survival is expressly or impliedly intended by the parties.
This Agreement shall be governed by the laws of the Federal Republic of Germany under exclusion of the United Nations Convention of Contracts for the International Sale of Goods (CISG) and each party submits to the exclusive jurisdiction of the state and federal courts located within the Federal Republic of Germany in connection with this Agreement. This Agreement shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors, affiliates and permitted assigns, without regard to the Federal Republic of Germany conflict of law principles.
In the event that one of the above terms is or becomes invalid, the parties shall agree to an effective settlement that best approximates the original economic intent.
To protect your personal information and to comply with the data protection act, we will only collect individual data on the website pointed to by the product to a technical necessary extent or for internal, statistic marketing purposes. By accepting these license terms I agree to receive product related emails from fme.
Licensor is not able to relate this data to specific individuals. A combination of personal information with other data sources will not be made.
At all times you have the right to ask for information about your personal data, their origin as well as the purpose of the data handling. For your requests please use our mail address info(at)migration-center.com.