SONARGRAPH END-USER LICENSE CLICKWRAP AGREEMENT

Sonargraph version 9.0 and higher including all product variants like Sonargraph-Architect, 
Sonargraph-Developer, Sonargraph-Explorer, Sonargraph-Build and Sonargraph-Enterprise.

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.


GRANT OF LICENSE:

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:

(a) If licensee has received a Sonargraph-Explorer license, the right to use the SOFTWARE is time-limited 
    and explicitly bound to the user who has registered on LICENSOR's website and applied for that license.
(b) If licensee has acquired a semi-floating user license (also known as flexible user license), the 
    license is bound to the acquiring user and machine for time-period associated with the flexible user 
    license, which is usually 30 days, but can vary. Licensee is allowed to transfer the license to another 
    user and/or computer whenever the time period of the semi-floating license ticket has expired.
(c) If licensee has acquired a time-limited evaluation license, the licensee is allowed to share the license 
    with other users that are involved in the evaluation process. Besides the SOFTWARE may be used only 
    within the time-limited evaluation period and for the sole purpose of internally evaluating the SOFTWARE. 
    Use for commercial purposes (like software-assessments or consulting) is forbidden.
(d) If licensee has acquired a floating license (also known as total floating license), the license can be 
    used by any user approved by the licensee. Here the limitation is the number of parallel uses. One 
    floating license allows for one use at a given moment in time.

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.

SONARGRAPH EXPLORER LICENSE:

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-Explorer 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.


PROHIBITION OF USE OF THE SOFTWARE:

- Licensee must not use this SOFTWARE with a license key created for another user or without a valid license
  key.
- If licensee has received a license with a size restriction, Licensee must not apply this SOFTWARE to a set 
  of program code which exceeds the size restriction of the given license.
- Licensee must not rent or lease this SOFTWARE to third parties.
- Licensee must not use an evaluation license for commercial purposes like e.g. consulting services.
- Licensee must not reverse-engineer, decompile, or disassemble this SOFTWARE.
- Licensee must not remove or obliterate any copyright, trademark or proprietary rights notices of LICENSOR or 
  of LICENSOR's licensors from the SOFTWARE.


PROTECTION AND SECURITY:

Licensee acknowledges that the SOFTWARE contains valuable confidential information and trade secrets and that 
unauthorized use and/or copying and/or distribution are harmful to LICENSOR.

COPYRIGHT:

All rights, title and copy right in and to the SOFTWARE (including but not limited to any images, photographs, 
animations, video, audio, music, text and "applets" incorporated into the SOFTWARE), and any copies of the 
SOFTWARE, is owned by LICENSOR and is protected by Copyright laws and international treaty provisions.

TERMINATION:

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. But termination by the LICENSOR can only occur, after LICENSEE does not properly reply to a written 
warning notice by the LICENSOR within 30 days. This notice can be sent via email to the LICENSOR contact 
email address associated with the license contract. 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.

LIMITED WARRANTY:

LICENSOR warrants that the media on which the SOFTWARE is delivered will be free from defects in materials or 
workmanship for a period of 365 days from the date on which Licensee receives such media. If during the 
foregoing 365 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:

(a)	the selection of the SOFTWARE;
(b)	verifying the results obtained from the use of the SOFTWARE; and
(c)	taking appropriate measures to prevent loss of data.


Licensor does not warrant that the operation of the SOFTWARE will meet Licensee's requirements or that 
Licensee will be able to achieve any particular results from use or modification of the SOFTWARE or that 
the SOFTWARE will operate free from error.

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.

CUSTOMER REMEDIES:

LICENSOR's entire liability and the licensee's  exclusive remedy under this EULA shall be, at LICENSOR's 
option, either

- return of the license fees paid, or
- repair or replacement of the SOFTWARE.

LIABILITY FOR CONSEQUENTIAL DAMAGES:

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.

THIRD-PARTY LICENSES:

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.

GENERAL:

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:

Karlsplatz 3
80335 München
Germany
Email: info@hello2morrow.com
www.hello2morrow.com

The Sonargraph software product is Copyrighted © 2008-2025 by hello2morrow GmbH