Sonargraph version 9.0 and higher including all product variants like Sonargraph-Architect, Sonargraph-Developer, Sonargraph-Explorer
This End-User License Agreement ("EULA") is a legal agreement between the individual or entity (hereinafter "licensee") and hello2morrow GmbH, Germany (hereinafter LICENSOR) related to the software program(s) licensee has requested to download and license. This license agreement applies to the copy of the accompanying software program(s), (hereinafter SOFTWARE), identified in the title of this license agreement and all material (hereinafter MATERIAL) included with it. By installing, copying, or otherwise using this SOFTWARE, licensee agrees to be bound by the terms of this EULA. If licensee does not agree to the terms of this EULA, licensee may not install or use this SOFTWARE. This SOFTWARE is a proprietary product of LICENSOR and is protected under Copyright laws and international treaties. This SOFTWARE is licensed, not sold.
Subject to the terms and conditions of this Agreement, LICENSOR grants the licensee a non-exclusive, non transferable, non assignable and potentially license-fee bearing right to use the SOFTWARE or components of it according to the kind of license it obtained:
SOFTWARE is in "use" on a computer when it is loaded into RAM (i.e., temporary memory). The scope of functionality licensee is entitled to use of the SOFTWARE and the duration of the license is defined in the purchase order or contract. This Agreement will also govern any software upgrades provided by LICENSOR that replace and/or supplement the original SOFTWARE, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
The Sonargraph explorer license is free of charge and may be used for commercial and non-commercial software projects. When the time-limited license key expires the licensee may request a new license key for the Sonargraph community license on LICENSOR's website. However LICENSOR reserves the right to discontinue or alter the service of the Sonargraph explorer license at any time and without any advance notice.
This license is effective until terminated as follows. If the SOFTWARE licensed hereunder is only for time-limited use (e.g. as per definition in the purchase contract), then this agreement and all rights hereunder shall automatically terminate when the defined period of use expires. Unless LICENSOR receives full payment of the license fees or grants licensee a free license, this agreement will terminate within 30 days after the beginning of licensee's use of the SOFTWARE. Without prejudice to any other rights, LICENSOR may terminate this agreement if licensee fails to comply with the terms and conditions of this EULA. Once this agreement is terminated, licensee shall stop to use the SOFTWARE and shall destroy all copies of the SOFTWARE and all of its component parts. The LICENSEE may terminate this license at any time by doing so.
LICENSOR warrants that the media on which the SOFTWARE is delivered will be free from defects in materials or workmanship for a period of ninety (90) days from the date on which Licensee receives such media. If during the foregoing ninety (90) day warranty period the media on which the SOFTWARE is delivered proves to be defective, LICENSOR will replace such media and as Licensee's sole remedy for any breach of warranty hereunder. Licensee assumes full responsibility for:
Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, LICENSOR AND ITS RESELLERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. LICENSOR'S LIABILITY TO THE LICENSEE (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENSE OF THE SOFTWARE. IN NO EVENT SHALL LICENSOR'S OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENSE.
LICENSOR's entire liability and the licensee's exclusive remedy under this EULA shall be, at LICENSOR's option, either
Licensee fully understands and agrees that LICENSOR shall not in any circumstances be liable for any damages whatsoever (including, without limitation, damages for loss of business, business interruption, loss of business information, confidential information or other direct, indirect or consequential loss) arising out of the use or inability to use or supply or non-supply of the SOFTWARE and any other accompanying written materials.
Certain files, programs and other materials distributed as external libraries in connection with the SOFTWARE may originate from third-party licensors and are licensed to licensee pursuant to the terms and conditions of the applicable licenses. In the documentation directory of the installed SOFTWARE a list is provided with all distributed third-party licensed libraries and their respective license terms and conditions. If licensee intends to use these third-party licensed libraries in a different way than granted in the sections above then licensee agrees to carefully review and abide by the terms and conditions of the third-party licenses to the extent that they govern such files, programs or other materials. Notwithstanding the foregoing, as between the LICENSOR and licensee, to the maximum extent permitted by applicable law and if not prohibited by any such third-party license, all such third-party files, programs or other materials shall be deemed covered under sections "LIMITED WARRANTY" and "LIABILITY FOR CONSEQUENTIAL DAMAGES" and "GENERAL" of this agreement.
This Agreement supersedes all prior agreements between the parties and represents the complete and exclusive description of the license granted by LICENSOR to the end user of the SOFTWARE. Licensee also agrees that this Agreement is governed by German Laws. Each of the parties hereto irrevocably agrees to submit to the jurisdiction of the courts of Germany and further agrees to commence any litigation, which may arise hereunder in the courts located in the judicial jurisdiction of Munich, Germany.
Should you have any questions concerning this agreement, please contact us at the following address:The Sonargraph software product is Copyrighted © 2008-2021