RADpage/heitml Developer End User License Agreement

RADpage/heitml Developer End User License Agreement

The following license conditions apply if you have purchased
RADpage/heitml Developer.
See the file evallic.txt for free evaluation licensing conditions.

This License Agreement is a legal agreement between you, the End User,
and H.E.I. GmbH concerning your rights to use the accompanying software
product, documentation, source code libraries and source code
application files. Read all terms and conditions of this License
Agreement carefully
before installing and using any of the materials downloaded as part of
this package. By using any part thereof, you indicate your acceptance of
this License Agreement. If you do not agree to the terms and conditions
of this License Agreement, you are expressly prohibited from using,
distributing, archiving or storing any of the contents, files, programs
or materials contained within the downloaded package in any form,
electronic or other.

This Agreement provides a License to use RADpage/heitml Developer (the Software)
on one computer running the Windows 95/98/Me/XP Home, or
Windows NT/2000/XP Professional/2003 Operating System. H.E.I. GmbH grants you
a non-exclusive license to use the Software and accompanying documentation
("Documentation") in the manner described below under "Scope of Grant."


LIMITED WARRANTY

H.E.I. GMBH WARRANTS THAT FOR A PERIOD OF NINETY (90) DAYS (OR THE MINIMAL
DURATION REQIRED BY THE APPLICABLE LAW)
FROM THE DATE OF ACQUISITION, THE SOFTWARE, IF OPERATED AS DIRECTED,
WILL SUBSTANTIALLY ACHIEVE THE FUNCTIONALITY DESCRIBED IN THE DOCUMENTATION.

H.E.I. GMBH DOES NOT WARRANT, HOWEVER, THAT YOUR USE OF THE SOFTWARE WILL BE
UNINTERRUPTED OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR
SECURE. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED IN THE  
SOFTWARE HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE SOFTWARE
SUFFICIENTLY MEETS YOUR REQUIREMENTS.

BY ACCEPTING THIS LICENSE YOU CERTIFY THAT
(A) YOU HAVE TESTED THE SOFTWARE UNDER THE NON-COMMERCIAL LICENSE AND HAVE
DETERMINED THAT IT SUITS YOUR NEEDS, OR
(b) YOU WERE AWARE OF YOUR RIGHT TO TEST THE SOFTWARE AND PURPOSELY DID NOT
MAKE USE OF THIS RIGHT.

H.E.I.'S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN
H.E.I. GMBH'S SOLE DISCRETION: (I) TO ADVISE YOU HOW TO ACHIEVE SUBSTANTIALLY
THE SAME FUNCTIONALITY WITH THE SOFTWARE AS DESCRIBED IN THE DOCUMENTATION
THROUGH A PROCEDURE DIFFERENT FROM THAT SET FORTH IN THE DOCUMENTATION; OR
(II) IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE LICENSE FEE YOU
PAID FOR THE SOFTWARE.

ONLY IF YOU INFORM H.E.I. GMBH OF YOUR PROBLEM WITH THE SOFTWARE DURING
THE APPLICABLE WARRANTY PERIOD AND PROVIDE EVIDENCE OF THE DATE YOU PURCHASED
A LICENSE TO THE SOFTWARE WILL H.E.I. GMBH BE OBLIGATED TO HONOR THIS
WARRANTY. H.E.I. GMBH WILL USE REASONABLE EFFORTS TO REPAIR, REPLACE, ADVISE
OR, FOR INDIVIDUAL CONSUMERS, REFUND PURSUANT TO THE FOREGOING WARRANTY WITHIN
90 DAYS OF BEING SO NOTIFIED.

THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY
H.E.I. GMBH. H.E.I. GMBH MAKES NO OTHER EXPRESS OR IMPLIED
WARRANTY AND NO WARRANTY OF
NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR
A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD.

NO H.E.I. GmbH DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY
MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.

If any modifications are made to the Software by you during the warranty
period or if you violate the terms of this Agreement, then this warranty shall
immediately be terminated. This warranty shall not apply if the Software is
used on or in conjunction with hardware or software other than the unmodified
version of hardware and software with which the software was designed to be
used as described in the Documentation.

You accept and acknowledge that it is impossible to guarantee that the Software 
will not contain bugs and that it is not H.E.I. GmbH's obligation to deliver a 
totally bug free Software.

H.E.I. GmbH is not liable for indirect of subsequent damages due to errors of
the licensed software.

To the extent allowed by the law H.E.I. GmbH does not warrant for the licensed
software being free of rights of third parties otherwise, if it is impossible
to resolve the problem with reasonable effort, HEI has the right to cancel
the contract.
 


SCOPE OF GRANT

You may use the Software on a single computer running the
Windows 95/98/Me/XP Home or Windows NT/2000/XP Professional/2003 Operating System.
and you will receive an activation key, which is supplied by H.E.I. GmbH
after the License fee(s) have been paid.

You may copy the Software for archival purposes, provided any copy
contains all of the original Software's proprietary notices.

You may not modify, translate, reverse engineer, decompile, disassemble
(except to the extent applicable laws specifically prohibit such
restriction), or create derivative works based on the Software.

You may not copy the Software other than as specified above.

You may not rent, lease, grant a security interest in, or otherwise
transfer rights to the Software.

You may not remove any proprietary notices on the Software.


TITLE

Title, ownership rights, and intellectual property rights in the Software
shall remain in H.E.I. Informationssysteme GmbH and/or its suppliers.
The Software is protected by the laws and treaties. Title and related
rights in the content accessed through the Software is the property of the
applicable content owner and may be protected by applicable law. 
This License gives you no rights to such content.


TERMINATION

The License will terminate automatically if you fail to comply with the
limitations described herein. On termination, you must destroy all
copies of the Software and Documentation.


LIMITATION OF LIABILITY

Under no circumstance and under no legal theory, tort, contract, or
otherwise, shall H.E.I. GmbH or its suppliers or resellers be liable to
you or any other person for any indirect, special, incidental, or
consequential damages of any character including, without limitation,
damages for loss of Goodwill, work stoppage, computer failure or any and
all other commercial damages or losses. In no event will H.E.I. GmbH be
liable for any damages in excess of the amount H.E.I. GmbH received from
you for a license to the software, even if H.E.I. GmbH shall have been
informed of the possibility of such damages, or for any claim by any
other party. This limitation of liability shall not apply to liability
for death or personal injury to the extent applicable law prohibits such
limitation.

To the extend H.E.I. GmbH  can proof that an error of the program was unavoidable 
according to the state of the art liability is void.
In the case of negligent (leicht fahrlaessig) errors (and if the above 
terms limiting liability completely should not be applicable or enforcable)
H.E.I.GmbH’s liability is limited to the typically occurring damages.


RISK ACTIVITIES

If the Software is used in an application whereby a malfunction of the
Software, or of the Software's failure to function could cause damage,
you assume all responsibilities for such damages. For example, in
applications with the risk of exposing confidential data of a personal
or financial nature, including but not limited to credit card
information, purchasing habits or activities, transcripts of grades, personal
affiliations or memberships in groups or activities, it is the sole
responsibility of the Licensee to provide adequate safeguards that
protect the rights and privacy of any person, corporation, or entity
named or contained within the Software application or database that is
accessed by the Software.

In applications that pose a risk of data loss you must perform regular
backups so that failure of the software will not lead to permanent data
loss. You must use an appropriate Database System to further reduce the
risk of data loss, if required by your application. You accept and agree
that the Software provided by H.E.I. GmbH was developed to run in
co-operation with a large number of Database Systems, not all of which
are appropriate for applications posing a risk of data loss. It is the
sole responsibility of the Licensee to select an appropriate Database
System, and H.E.I. GmbH assumes no responsibility or liability for any
damages that may occur if the Database System selected by the Licensee
proves to be unsuitable for a particular application.

When storing personal data you must obey the laws of the country in
which the Software is installed and operating, keeping in mind that Internet
Servers are permanently subject to the risk of having their systems
invaded, modified, or otherwise damaged by unauthorized users.

In any case you may use the Software in risky applications only if you
have the particular Internet Technology expertise required by the
circumstances surrounding the environment for which that application is
being developed. Additionally, you must set up appropriate firewalls,
encryption schemes, etc. to protect the Web Server from unauthorized use
or tampering. You must use an appropriate Database System, and you must
have the competence to decide which security components are needed to
develop a successful application. You must also test each functional or
component part of the completed application carefully, exercising due
diligence as required and expected by any professional engaged in such
activity, including but not limited to tests of the requisite Security
Features, as well as ensuring that the most recent non-beta version of
the Software is being used. If an application fails or causes damage to
an individual, corporation, entity or computer system when such failure
or damage could have been prevented by using the most recent non-beta
version of the Software, the Licensee assumes total responsibility and
liability. For that purpose you should check the Web site of H.E.I. GmbH
at regular intervals.

H.E.I. GmbH and its suppliers specifically disclaim any express or
implied warranty if the Software is used in a manner that violates
any of the above rules.


HIGH RISK ACTIVITIES

The Software is not fault-tolerant and is not designed, manufactured or
intended for use or resale as on-line control equipment 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, or any other application
in that the failure of the Software could lead directly to death, personal injury, or
severe physical or environmental damage ("High Risk Activities").
The Software may not be used or be resold to be used in these kind of 
applications. H.E.I. GmbH and its suppliers specifically disclaim any 
express or implied warranty of fitness for High Risk Activities.


The Software is not intended for use in maintaining sensitive, highly
confidential, and very important data. The Software may not be used or
be resold to be used in these kind of applications. H.E.I. GmbH and its
suppliers specifically disclaim any express or implied warranty of
fitness for maintaining sensitive, highly confidential, and very
important data.


MISCELLANEOUS

This Agreement represents the complete agreement concerning this license
and may be amended only by a writing executed by both parties.

If any provision of this Agreement is held to be unenforceable the
reamaining of the contract shall stay in force. The unenforcable
provision shall be reformed only to the extent necessary to make it
enforceable.

By downloading the Software from our Web Site in Germany or
by registering the software you signify your
agreement that German law applies to the licensing of this product.

RADpage/heitml Developer is copyright
(c) 1996-2015 by H.E.I. Informationssysteme GmbH, Mannheim, Germany
and its suppliers.  All rights reserved.
U.S. Pat. No 8,112,502, U.S. Pat. No 8,418,131, U.S. Pat No 8,533,288,
and U.S. Pat. No 8,935,358.