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Facade - License for NON-COMMERCIAL USE

By installing, copying or otherwise using the Facade SOFTWARE PRODUCT, you agree to be bound by the terms of the License Agreement (LA) for Tivano's software presented below. If you do not agree with the terms of this LA, you may not use or copy the software product.

LICENSE AGREEMENT FOR Facade

IMPORTANT - READ CAREFULLY: This License Agreement ("LA") is a legal agreement between you (either an individual or a single entity) and Tivano Software GmbH ("Tivano"), Bahnhofstr. 18, 63263 Neu-Isenburg, Germany from whom you received the Tivano software product(s) ("SOFTWARE PRODUCT" or "SOFTWARE"). The SOFTWARE PRODUCT includes computer software and any "online" or electronic documentation. By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this LA.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. NON-COMMERCIAL USE: This LA intends to make it easy for developers and end users to use Tivano's software for Non-Commercial Purposes, where "Non-Commercial Purposes" means:

to evaluate Tivano's software and to do development of software applications, whether at home for personal non-profit use or at work as a development tool,

and where "Non-Commercial Purposes" specifically excludes:

the use of the SOFTWARE PRODUCT in a commercial business for any reason other than development and "proof of concept" prototyping, even if the SOFTWARE PRODUCT is not incorporated into an application or product to be sold,
the use of the SOFTWARE PRODUCT to enable the use of another application that was developed with the SOFTWARE PRODUCT,
inclusion of the SOFTWARE PRODUCT in a collection of software, whether that collection is sold, given away, or made part of a larger collection,
inclusion of the SOFTWARE PRODUCT in another product, whether or not that other product is sold, given away, or made part of a larger product.

2. GRANT OF LICENSE: This LA grants you the following non-exclusive rights:

Software: You may use the SOFTWARE PRODUCT on any number of computers, either standalone, or on a network, so long as every use of the SOFTWARE PRODUCT is for NON-COMMERCIAL USE. Any other use of the SOFTWARE PRODUCT is prohibited without having first obtained a commercial license from Tivano. You may reproduce the SOFTWARE PRODUCT, but only as reasonably required to install and use it in accordance with this LICENSE or to follow your normal back-up practices.

Subject to the license expressly granted above, you obtain no right, title or interest in or to the SOFTWARE PRODUCT or related documentation, including but not limited to any copyright, patent, trade secret or other proprietary rights therein. All whole or partial copies of the SOFTWARE PRODUCT remain property of Tivano and will be considered part of the SOFTWARE PRODUCT for the purpose of this LA.

Unless expressly permitted under this LA or otherwise by Tivano, you will not:

use, reproduce, modify, adapt, translate or otherwise transmit the SOFTWARE PRODUCT or related components, in whole or in part;
rent, lease, license, transfer or otherwise provide access to the SOFTWARE PRODUCT or related components;
alter, remove or cover proprietary notices in or on the SOFTWARE PRODUCT, related documentation or storage media;
use the SOFTWARE PRODUCT in any application that is intended to create or could, in the event of malfunction or failure, cause serious personal injury or property damage.

3. WARRANTY: Tivano cannot warrant that the SOFTWARE PRODUCT will function in accordance with related documentation in every combination of hardware platform, software environment and SOFTWARE PRODUCT configuration. You acknowledge that software bugs are likely to be identified when the SOFTWARE PRODUCT is used in your particular application. You therefore accept the responsibility of satisfying yourself that the SOFTWARE PRODUCT is suitable for your intended use. This includes conducting exhaustive testing of your application prior to its initial release and prior to the release of any related hardware or software modifications or enhancements. You are required to take any measure necessary to minimize the potential damage that could occur due to a failure of the SOFTWARE PRODUCT including, but not limited to, making backup copies of any important data.

4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS: Termination: Without prejudice to any other rights, Tivano may terminate this LA if you fail to comply with the terms and conditions of this LA. In such an event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

5. COPYRIGHT: All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, source code and executable code, incorporated into the SOFTWARE PRODUCT), any accompanying printed material, and any copies of the SOFTWARE PRODUCT, are owned by Tivano or its suppliers. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. All rights not specifically granted under this LA are reserved by Tivano.

6. SALVATORIC CLAUSE Ineffectiveness of single determinations do not touch the efficiency of the other determinations.

7. PLACE OF JURISDICTION Place of jurisdiction is Offenbach am Main, Germany. Only german law is binding.

[ t]ivano software gmbh
www.tivano.de