Please read the following conditions carefully before you install and use the free trial version of migration-center By installing the free trial version of migration-center for non-productive use, 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 conditions. If you do not agree with any of the terms and conditions of this agreement, you may not download and install this software.
fme AG, headquartered at Wolfenbütteler street 33, 38102 Braunschweig, Germany (hereinafter referred to as “Licensor”) develops computer programs (hereinafter referred to as “Software”) and markets their use to third parties (“Licensee”). fme AG grants the Licensee a non-transferable and non-exclusive right to use the Software free of charge for a limited period of time for testing or evaluation purposes (non-productive use). The Software is made available for download on the fme AG website on the Internet.
Use of the Software is limited to internal use by the Licensee. Licensee shall have no right under this Agreement to any external use of the Software, whether through services provided by Licensee or through sublicensing or otherwise making the Software available to third parties in any form whatsoever. Notwithstanding the foregoing, third parties who are subcontractors of Licensee may provide services to Licensee that include the use of the Software, as long as the Software remains in Licensee’s IT infrastructure and as long as such subcontractors have agreed to the terms and conditions of this Agreement.
Licensee may not use the Software in any manner not specified in the user manual or in this Agreement, or contrary to instructions or other communications from Licensor, or in a manner that is illegal, for an illegal purpose, or for a purpose that is illegal, or directly or indirectly infringes the rights of any third party.
The software is protected by copyright. The copyright remains with the licensor. The licensee is not allowed to assign or distribute sublicenses. All right, title and interest, title and interest in and to the Software (including but not limited to the accompanying source code, object code and documentation) are and shall remain solely and exclusively with Licensor. Licensee agrees not to take any action that may jeopardize, limit or impair in any way Licensor’s ownership or rights in the Software. All such rights shall remain exclusively with the Licensor and, if applicable, with the listed component suppliers, whose own individual license terms shall be equally binding on the Licensee. The Licensee does not acquire any rights, titles or interests in the Software, other than the right to use the Software as expressly provided in this Agreement. Licensee acknowledges that the Software is protected by copyright and other intellectual property laws and international treaties, and agrees to comply with all applicable laws, regulations and treaties relating thereto.
Licensee may not copy the Software except as necessary to execute and operate the Software on a particular computer system for testing or evaluation purposes (non-productive use). The Licensee is not permitted to make copies of this software for other purposes, to reproduce the software in any other way and/or to make the software available to third parties.
The Software is provided in object code format only. Licensee shall refrain from any attempt to obtain the source code by disassembly, decompilation, reverse engineering or any other method.
The Licensee is not permitted to make changes to the Software, in particular to further develop the Software, to retranslate it or to extract parts thereof. The Licensee may not alter or remove the copyright or other proprietary rights within the Software.
The non-proprietary components used in the Software are subject to the license agreements of the respective rights holder and are mandatory for the licensee.
The Licensee is aware that, according to the current state of the art, errors in software programs cannot be ruled out and that it is impossible to create data processing programs in such a way that they function perfectly with programs of third parties under all application conditions and under all requirements of the Licensee. No guarantees can be given regarding certain properties or the usability for individual applications intended by the Licensee.
Regarding to the free provision of the Software, liability for material defects and defects of title is limited to fraudulent concealment on the part of the Licensor. The use of the Software under these terms and conditions is at the sole risk of the Licensee and is limited exclusively to testing or evaluating the Software. It does not entitle the licensee to software support, error correction or warranty.
The liability of the licensor is excluded due to the fact that the software is provided free of charge, with the exception of liability under the Product Liability Act, i.e. for intent or fraudulent intent, for gross negligence, for injury to life, body or health, for fraudulent concealment of a defect or for breach of material contractual obligations. The claim for damages for the violation of essential contractual obligations is limited to the contract-typical, foreseeable damage, unless intent or gross negligence exists. This does not imply a reversal of the burden of proof towards the licensee.
This Agreement is of limited duration and may be terminated by the Licensor at any time. The Licensor reserves the right to terminate the License by giving the Licensee extraordinary notice for breach of this License Agreement. Upon termination of this Agreement for any reason whatsoever, Licensee must immediately cease using the Software. All existing copies of the Software, including any Software updates received, must be returned to Licensor or, with Licensor’s express consent, deleted from Licensee’s computers and backups. All documentation of the Software delivered to the Licensee must also be returned or destroyed. No termination or expiration of this Agreement will affect the survival and enforceability of any provision of this Agreement whose survival is expressly or implicitly intended by the parties.
This contract is subject to the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), and each party submits to the exclusive jurisdiction of the state and federal courts in the Federal Republic of Germany in connection with this contract. This Agreement shall apply for the benefit of the parties and their respective legal successors, affiliates and permitted assignees, without regard to the conflict of laws rules of the Federal Republic of Germany and shall be binding upon them.
If one of the above terms and conditions is or becomes invalid, the parties shall agree on a valid provision that comes closest to the original economic purpose.
In order to protect your personal data and to comply with the Data Protection Act, we collect individual data on the website to which the product refers only to the extent technically necessary or for internal, statistical marketing purposes. By accepting this license agreement, I agree to receive product-related emails from fme.
The licensor is not able to assign this data to specific persons. A consolidation of this personal data with other data sources is not carried out.
You have the right to request information about your personal data, its origin and the purpose of the data processing at any time. Please use our e-mail address info(at)migration-center.com for your inquiries.