LICENSE AGREEMENT 

for KLEEN Modeler - Beta

(hereinafter referred to as "KLEEN") 

IMPORTANT: This license agreement is a binding contract between you and bdaum industrial communications, Mühlhäuser Str. 10, Lützelbach, Germany, (hereinafter referred to as "bdaum") regarding the above mentioned KLEEN. Read the terms of this agreement carefully. By installing KLEEN you accept the terms and conditions of this agreement. If you do not agree to the terms of this license agreement, destroy the original and all copies of KLEEN and documentation. If you are accessing KLEEN electronically, indicate your acceptance of these terms and conditions by selecting the "Accept"-Link at the end of this agreement. If you do not agree, select the "Decline"-Link at the end of this agreement. 

1. License Grant 

  1. bdaum grants to you, subject to the following terms and conditions, a limited non-exclusive and right to use KLEEN free of any charge. 
  2. You may reproduce and use KLEEN internally in binary form for the sole purpose of designing, developing Asset Oriented Models (AOM) and generate code from these models. You may reproduce and distribute KLEEN complete and unmodified in a binary form to third parties.
  3. You must not reverse engineer, decompile, disassemble, modify or translate KLEEN or make any attempt to discover the source code of KLEEN or create derivative works from KLEEN. The source code must not be distributed to third parties.
  4. All intellectual property rights in KLEEN and user documentation are owned by bdaum. bdaum retains all rights not expressly granted. 

2. Updates

This license does only grant the right to use KLEEN version as specified in this license agreement. You are not entitled to use any update, upgrade or any other new version of KLEEN, unless a new license for such new version has been granted.

3. Warranty, Liability, Indemnity 

  1. As the license is granted for free, KLEEN is provided "as is" and there is no warranty, representation, promise or guarantee of bdaum, either express or implied, statutory or otherwise, with respect to KLEEN, user documentation or related technical support, including their quality, performance, merchantability or fitness for a particular purpose.
  2. KLEEN contains software modules from third parties (hereinafter referred to as "contributors"). The software modules provided by contributors are provided "as is" and there is no warranty, representation, promise or guarantee of the contributors, either express or implied, statutory or otherwise, with respect to KLEEN, user documentation or related technical support, including their quality, performance, merchantability or fitness for a particular purpose.
  3. bdaum and contributors are only liable if acting with intent or gross negligence, unless the damage is caused by the deficiency of guaranteed quality (if any) or related to essential contractual obligations of bdaum. In no event will bdaum and contributors be liable for indirect, special, incidental, tort, economic, cover or consequential damages arising out of the use of or inability to use KLEEN. bdaum and contributors will not be liable for any loss of profits, business, goodwill, data or computer programs. 
  4. In case KLEEN is (re-)distributed to or used by a third party you are obligated to defend and indemnify bdaum and contributors from and against any damages, costs, liabilities, settlement amounts and/or expenses incurred in connection with any claim, lawsuit or action by any third party that arises or result from the use or distribution of KLEEN.

4. Term and Termination 

  1. This agreement is effective from the date you install KLEEN and will remain in force for indefinite time. 
  2. If you fail to comply with the terms and conditions of this agreement, bdaum may terminate this agreement and your right and license to use KLEEN. 
  3. You may terminate this agreement at any time by destroying the documentation and KLEEN together with all copies. 
  4. You agree to destroy the original and all copies of KLEEN and documentation upon termination of this agreement. 

5. General 

  1. If any provision in this agreement is held invalid or unenforceable, that provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability and the other provisions of this agreement shall remain unaffected. 
  2. This license agreement will be governed by and interpreted in accordance with the laws of Germany. This agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods. 
  3. Exclusive place of jurisdiction is Darmstadt, Germany

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