IMPORTANT--Read Carefully Before Installing The Software!
By using the Installation Program on the disk to install the Software on to your computer's disk drive, you indicate your acceptance of the following Lemke Software GmbH (simple written as LEMKE SOFTWARE in the following paragraphs) License Agreement.
Software License Agreement between You and Lemke Software
for: GraphicConverter.
This License Agreement is a legal agreement between you (either an individual or a legal entity) and Lemke Software By using the Installation Program to install the software to your computer's disk drive, or by using the software, you agree to be bound by the terms of this Agreement. Lemke Software will not sell you a license to install and use this software unless you agree to all of the terms of this license agreement. If you do not agree to the terms of this Agreement, do not install the software on your computer system and return the software and the accompanying items (documentation and packaging) to the place from which you obtained them within thirty days of your receipt for a full refund.
I. LEMKE SOFTWARE SOFTWARE LICENSE (Single Computer)
This Software and the accompanying user manual are copyrighted material. You may use the Software as long as you like, provided that you do not violate the copyright and that you follow these rules:
a. You may load the Software on a single computer and use it with that single computer and disk drives connected to that computer. You must pay for additional copies of the Software if it will be loaded and used on more than one computer at the same time(for example, on a computer network), or when the Software is loaded or used on a storage device that is connected or used with more than one computer. Contact Lemke Software for information on extended licensing (for example network, site and corporate licenses).
b. The software and accompanying printed material is owned by Lemke Software or its suppliers, and is protected by copyright laws. You must not copy, modify or transfer them except that you may (i) make one copy of the software solely for backup or archival purposes or (ii) transfer the software to a single storage drive provided you keep the original solely for backup or archival purposes. You may not copy, modify, or transfer the printed materials accompanying the software.
c. If you load the Software on an external storage drive connected to a single computer (for example, a hard disk drive or removable disk drive), and the then move the drive to another computer, you must delete all copies of the Software from the first computer before using it on a second computer. If the Software is loaded or used with a removable media drive, and the media containing the Software or a portion thereof(such as a device driver or startup INIT file) is removed for use in other computer systems or removable disk drives, then you must pay for additional copies of the Software.
d. You may not transfer, sublicense, sell, rent, lend, or give away the Software to others, but you may transfer the Software and this license agreement to another party if the other party agrees to accept the terms and conditions of this agreement. If you transfer the Software, you may not retain any copies of the Software yourself once you have transferred it.
e. If the Software package contains dual media (for example CD ROM and floppy disks), then you may use the media only on your single-user computer. You may not use the other media in another computer, or loan, rent, lease, or transfer them to another user except as part of the permanent transfer (as provided above) of all the Software and written materials.
f. You may adapt the Software only in order to use it on your computer. You may not make any other changes or modifications to the Software. The software is distributed in computer executable form only, and does not allow user access to the underlying source code and data. You may not reverse engineer, decompile, or dissemble the software to gain access to such code and data, except to the extent such activity is expressly permitted by applicable law. Decompiling or disassembling the software may also violate the software's copyright.
g. Any unauthorized copying, distribution, or modification of the Software will automatically terminate your license to use the Software and may violate the Software’s copyright.
h. Your rights under this agreement are effective indefinitely, unless this license agreement is terminated. Your rights will immediately terminate if you fail to comply materially with this agreement or if you violate the Software’s copyright. Upon termination you must destroy all copies of the Software.
II. LIMITED WARRANTY AND REMEDIES
a. Limited Warranty. Lemke Software Warranty that the Software will perform substantially in accordance with the accompanying on-line documentation embedded in the software for a period of 30 days from the date of receipt. The accompanying manual and media on which the software is recorded are offered "as-is". Any implied warranties on the software, media and documentation are limited to 30 days. Some states and jurisdictions in the United States, do not allow limitations on the duration of an implied Warranty, so the above limitation may not apply to you.
b. Customer Remedies
Lemke Software and its suppliers entire liability and your exclusive remedy will be, at LEMKE SOFTWARE's option, either:
(i) return of the price paid for the software only, or
(ii) repair or replacement of the software that does not meet LEMKE SOFTWARE's limited warranty and which is returned to LEMKE SOFTWARE with a copy of your receipt within the 30 day warranty period. This limited warranty is void if failure of the software or media has resulted from accident, abuse or misapplication.
c. NO OTHER WARRANTIES. LEMKE SOFTWARE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE, THE ACCOMPANYING PRINTED MATERIALS, AND ANY ACCOMPANYING MEDIA. This limited warranty gives you specific legal rights. You may have others which vary from U.S. state/jurisdiction to state/jurisdiction.
d. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. Because software is inherently complex and may not be completely free of errors, IN NO EVENT WILL LEMKE SOFTWARE OR ITS SUPPLIERS, DISTRIBUTORS, DEALERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF USE OF SOFTWARE, COST OF RECOVERING SOFTWARE OR DATA, CLAIMS OF THIRD PARTIES, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO, USE THIS LEMKE SOFTWARE PRODUCT, EVEN IF LEMKE SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states and jurisdictions in the U.S.A. do not allow the exclusion or limitation for consequential or incidental damages, the above limitation may not apply to you.
e. YOUR SOLE REMEDIES AND LEMKE SOFTWARE'S ENTIRE LIABILITY ARE SET FORTH ABOVE. No Lemke Software distributor, licensee, dealer, employee, or agent is authorized to make any modification, extension, or addition to these limited warranties and limitations of liability.
III. U.S. GOVERNMENT RESTRICTED RIGHTS
This Software is Commercial Computer software under U.S. Federal Government Acquisition Regulations and agency supplements to the regulations. The Software and User Manual are provided to the federal government and its agencies only under the “RESTRICTED RIGHTS” provisions of the Federal Acquisition Regulations applicable to commercial computer software developed at private expense and not in the public domain. The use, duplication, or disclosure by the government is subject to the restrictions set forth in the Restrictive Rights Notice of 48 CFR 52.227-14 (g) (3) (i), the Restrictive Rights Legend of 48 CFR 252.227-7013 (c) (1) (ii), and similar agency supplements.
IV. GENERAL
a. This agreement is governed by the laws of Germany.
b. This is the complete and exclusive statement of the agreement between you and LEMKE SOFTWARE, and it supersedes any prior agreement or understanding, oral or written, between you and LEMKE SOFTWARE, its agents and employees, with respect to the subject matter of this agreement.
c. LEMKE SOFTWARE’s liability to you for actual damages from any cause whatsoever, and regardless of the form of action whether in contract, tort (including negligence), product liability or otherwise, will be limited to the greater of the cost of the software unit(s) in question or 25 EURO.
d. If you have any questions concerning this agreement, you should contact Lemke Software GmbH, Attn: Information & Warranty, Erich-Heckel-Ring 8a, 31228 Peine, Germany, Tel: +49 5171 72200; Fax: +49 5171 72201.
