THIS LICENCE AGREEMENT (“LICENCE”) APPLIES TO YOUR
AND USE OF ADONIS:CE. CAREFULLY READ THIS LICENCE BEFORE USING ADONIS:CE classic.
- YOUR INSTALLATION, COPYING, OR USE OF ADONIS:CE INDICATES YOUR ACCEPTANCE OF THIS LICENCE, AND
TO BE BOUND BY AND COMPLY WITH ALL OF ITS TERMS.
- IF YOU ARE DOWNLOADING OR USING ADONIS:CE ON BEHALF OF ANY ORGANISATION, COMPANY OR OTHER ENTITY, YOU REPRESENT
AND WARRANT THAT YOU HAVE FULL AUTHORITY TO ENTER INTO THIS LICENCE ON BEHALF OF SUCH ENTITY. ALL REFERENCES
HEREIN TO “YOU” SHALL APPLY TO SUCH ENTITY.
- IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENCE, THEN DO NOT DOWNLOAD, COPY, INSTALL,
OR USE THIS PRODUCT VERSION.
ADONIS:CE classic consists of all materials made available by BOC Products & Services AG (hereafter: BOC Group) for downloading
, which may include, but are not limited to, computer program(s), software, and code; the
(as defined below); templates; symbols; text; accompanying printed materials; and “online” or electronic
documentation as well as online services.
B. LICENCE RIGHTS
BOC Group hereby grants you a non-exclusive, non-transferable licence (without the right to sublicense) to use ADONIS:CE
classic in accordance with all of the terms and conditions of this Licence.
IT IS NOT ALLOWED
- to install, use, distribute or copy ADONIS:CE classic except as expressly permitted in this Licence,
- to attempt to use ADONIS:CE classic in client-server mode, defeat any use restriction incorporated into ADONIS:CE
classic, or translate, reverse engineer, decompile, or disassemble ADONIS:CE classic, except to the extent,
if any, that such activities are clearly and expressly permitted by applicable law despite such restrictions,
- to sell, transfer, rent, lease or assign a ADONIS:CE classic licence,
- to modify ADONIS:CE classic, to merge ADONIS:CE classic as part of any other product or collection of products,
or create derivative works derived from ADONIS:CE classic or any component thereof, without the prior
written consent of BOC Group,
- to use ADONIS:CE classic, or any of its components, to create any product that competes with BOC Group’s
products, or any of their components,
- to transfer ADONIS:CE classic or your rights under this Licence to someone else and
- to transfer ADONIS:Community account details to someone else.
In addition, in no event BOC Group authorises you or anyone else to use ADONIS:CE classic in applications or systems where
ADONIS:CE classic’s failure to perform could reasonably be expected to result in significant physical injury,
property damage, or loss of life, including but not limited to use in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air
traffic control, direct life support machines or weapons systems. ADONIS:CE classic is not fault-tolerant and
is not designed, manufactured or intended for any such use. Any such use is entirely at your own risk, and you
agree to defend, indemnify and hold BOC Group, and its principals, shareholders, officers, employees, affiliates,
contractors, and licensers, harmless from any and all claims or losses relating to such unauthorised use.
This Licence shall remain in effect only as long as you are in full compliance with all of its terms and conditions, and
shall terminate automatically if you fail to comply with any such terms or conditions. Upon termination of this
Licence, you shall have no right to make any further use of ADONIS:CE classic, and you agree to destroy all copies
of ADONIS:CE classic received, made or used by you in connection with this Licence. Paragraphs D, E, and F and
your indemnity obligations hereunder shall survive the termination for any reason of this Licence. BOC Group
reserves the right to cease the delivery and support for ADONIS:CE classic at any time.
All patents, copyrights, trademarks, trade secrets and other intellectual property and other proprietary rights in ADONIS:CE
classic are and shall remain in BOC Group or its licencers. The source code of ADONIS:CE classic and all information
regarding the design, structure or internal operation of ADONIS:CE classic are valuable trade secrets of BOC
Group or its licencers (“Confidential Information”). To the extent, if any, to which you learn any Confidential
Information, you shall not sell, transfer, publish, disclose, display, or otherwise permit access by any third
party to, the Confidential Information. The restrictions set forth in this Paragraph D do not apply to information
that was publicly known prior to the time you received it, or which becomes known to you through no violation
of any obligation of confidentiality on the part of you or any third party. You shall not remove any copyright
or other proprietary notices contained in or displayed on ADONIS:CE classic. All rights of any kind in ADONIS:CE
classic that are not expressly granted in this Licence are entirely and exclusively reserved by BOC Group or
E. LIMITED WARRANTY, EXCLUSIONS OF LIABILITY
THE PROVISIONS OF THE PARAGRAPH>APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM
COUNTRY TO COUNTRY. ADONIS:CE classic is provided to you free of charge and “as is” without warranty of any kind.
BOC Group does not warrant that ADONIS:CE classic will meet your requirements, or that the operation of the product
version will be uninterrupted or error free. The entire risk as to the results and performance of ADONIS:CE classic
is assumed by you. BOC Group does not make, and hereby disclaims any implied warranties of non-infringement,
merchantability and fitness for a particular purpose. No oral or written information or advice given by BOC Group,
its dealers, distributors, agents or employees shall create a warranty and you may not rely on any such information
or advice. Neither BOC Group, its principals, shareholders, officers, employees, contractors, affiliates, licensors,
nor anyone else who has been involved in the creation, production or delivery of ADONIS:CE classic, shall be
liable for any business interruption, or loss of business, data or use of computer systems, regardless of how
the foregoing damages are characterised, or for any direct, indirect, consequential, incidental, punitive or
any other damages arising out of the use or inability to use ADONIS:CE classic, even if BOC Group has been advised
of the possibility of such damages. The limitations set forth above shall be deemed to apply to the maximum extent
permitted by applicable law. You acknowledge and agree that you have fully considered the foregoing allocation
of risk and find it reasonable in light of the fact that ADONIS:CE classic is supplied to you free of charge,
and that the foregoing limitations and exclusions are an essential basis of the bargain between you and BOC Group.
F. NO TECHNICAL SUPPORT
Our technical support organisation will not provide technical support, phone support, or updates to you for the programs
licensed under this agreement.
This Licence forms the entire agreement between you and BOC Group regarding the subject matter set forth herein, superseding
any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. If
any term of this agreement is found to be invalid or unenforceable, the remaining provisions will remain effective.
The prevailing party in any action to enforce or interpret this Licence shall be entitled to recover its costs
and expenses, including attorneys fees.
This Licence shall be governed by and construed in accordance with the laws of Austria, excluding
that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the
International Sale of Goods and any legislation implementing such Convention.
You agree to the exclusive jurisdiction of, and venue in, the courts located in Vienna, Austria for any dispute or matter relating to, arising from or connected with this Licence.
Notwithstanding the foregoing, BOC Group shall have the right to seek injunctive
relief and the enforcement of judgments in any court of competent jurisdiction.
Any waiver by BOC Group of any
violation of this Licence by you shall not constitute, nor contribute to, a waiver by BOC Group of any other
or future violation of the same provision, or any other provision, of this Licence. The parties acknowledge and
agree that no third party (including but not limited to your customers, clients or licensees) shall have any
rights, either against BOC Group or BOC Group’s licensers, as a third party beneficiary of any rights, licences,
products or services granted or provided by us to you hereunder.
BOC Group may freely assign or delegate this
Licence, in whole or in part. This Licence is personal to you, and you agree not to assign or delegate, in whole
or in part, this Licence or any of your rights or obligations hereunder.
You agree that your use of ADONIS:CE
classic shall comply with all applicable laws and regulations. Without limiting the foregoing, you understand
that ADONIS:CE classic is subject to the export control laws and regulations of Austria.
You agree that you will
not export or re-export ADONIS:CE classic in violation of such laws or regulations.
You agree that ADONIS:CE
classic may connect to websites operated by BOC Group, send technical information (IP address, version of ADONIS:CE
classic etc.) and receive updates. This allows informing you of updates and other services related to ADONIS:CE.
BOC Group may use this information to improve its products or to provide services. No information in a form that
personally identifies you is passed to BOC Group. BOC Group reserves the right to check back with you to ensure
that you are in full compliance with this Licence.
Should you have any questions concerning this Licence Agreement,
or if you desire to contact BOC Group for any reason, please write:
BOC Products & Services AG (BOC Group)
BY CLICKING ON THE “ACCEPT Licence Agreement” BUTTON BELOW, YOU ACKNOWLEDGE
THAT YOUR ARE BOUND BY THE TERMS OF THIS LICENCE. IF YOU DOWNLOAD OR USE ADONIS:CE CLASSIC ON BEHALF OF ANY ORGANISATION,
COMPANY OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO ENTER INTO THIS LICENCE ON
BEHALF OF SUCH ENTITY.