EULA

ficox UG (haftungsbeschränkt)

END-USER LICENSE AGREEMENT (EULA)

FOR XPRESSPADS E-COURSES

IMPORTANT – READ CAREFULLY

This license statement and limited warranty constitutes a legal agreement (“License Agreement“) between you (either as an individual or a single entity) and ficox UG (haftungsbeschränkt) (“ficox“) for any of the software products named “XpressPads Complete Program”, “XpressPads Core Program”, “XpressPads Metal”, “XpressPads Latin” and “XpressPads Jazz” (“Software Product“), including any software, media, and related on-line, printed or electronic documentation and content.

By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, do not install, copy, or use the Software Product.

This License Agreement shall supersede any verbal or prior verbal or written, statement or agreement to the contrary.

1. OWNERSHIP

The Software Product is proprietary to ficox. The Software Product is licensed, not sold, to you notwithstanding any reference herein to “purchases.” You acknowledge and agree that: (a) the Software Product is protected under copyright laws and international copyright treaty; (b) ficox retains all copyrights and other intellectual property rights in the Software Product; (c) there are no implied licenses under this license, and any rights not expressly granted to you hereunder are reserved by ficox; (d) you acquire no ownership or other interest (other than your license rights) in or to the Software Product; and (e) ficox owns all copies of the Software Product, however made. You agree that you will not, at any time, contest anywhere in the world ficox’s ownership of the Software Product, nor will you challenge the validity of ficox’s rights in the Software Product.

2. NO WARRANTY

This Software Product and/or related documentation and files are provided on an “as is” basis, without any representation or warranty of any kind, either express or implied, including without limitation any representations or endorsements regarding the use of, the results of, or performance of the Software Product, its appropriateness, accuracy, reliability, or correctness. The entire risk as to the use of the Software Product is assumed by you.

Ficox does not assume liability for the use, installation and distribution of the Software Product: in no event shall ficox be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software Product, even if ficox has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In this case ficox will only be liable for the amount of money you spent for the Software Product in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of ownership from the customer back to ficox.

3. LICENSE

Upon your acceptance of the terms and conditions of the License Agreement, ficox grants you the right to use the Software Product in the manner provided below. The following terms of this section are applicable to you only if you have acquired a registered license for the Software Product, directly from ficox or an authorized distributor or reseller.

For each registered license that you acquire to use the Software Product, you will be provided with a registration notice (“Registration Notice”), which may be either a certificate, the installation and licensing instructions, or a binary file and which may be provided to you by ficox or its authorized distributors or resellers.

The Registration Notice will contain information specific to the Software Product that you have licensed, the identity of the named user, and the number of registered licenses that you have acquired.

You must follow the instructions of the Registration Notice to unlock the Software Product, the one you acquired a registered license for; the Software Product will then work in a registered mode (“Registered Software Product”).

Subject to the terms and conditions of this license, ficox grants to you, if you are an individual, or, if you are an entity, one (1) designated person in your organization (“Named User”) a personal, nonexclusive, nontransferable and limited license to use the Registered Software Product solely for your own internal purposes. You may purchase from ficox or an authorized distributor or reseller additional licenses to permit multiple Named Users to use the Registered Software Product (each, a “Named User License”). The foregoing Named User Licenses shall be for access and use, only by the equivalent number of Named Users for whom you have paid the applicable license fees and obtained a registered license. The Registered Software Product may be used exclusively by the specifically designated Named Users, subject to all the terms and conditions of this License Agreement. You agree that you will not designate more Named Users than the number of Named User Licenses that ficox or an authorized distributor or reseller has expressly granted to you and you will not allow the Registered Software Product to be used by any individuals other than the Named Users designated by you from time to time.

You may install the Registered Software Product on two machines provided that the Named User is the only individual permitted to use the Registered Software Product.

You have no right to distribute, share, duplicate, nor publish the Registration Notice except for backup purposes only; subject to the other terms and conditions of this License, you may make a reasonable number of copies of the Registered Software Product to backup devices such as hard disks, optical media, or tape and one (1) physical CD media backup copy of the Registered Software Product solely to replace the original copy provided to you if the original copy is damaged or destroyed. All rights not specifically granted to you herein are retained by ficox.

There are technological measures in this Software Product that are designed to prevent unlicensed or illegal use of the Software Product. You agree that ficox may use those measures and you agree to follow any requirements regarding such technological measures.

4. LIMITATIONS

You may not: (a) modify, adapt, alter, translate, or create derivative works of the Software Product or merge the Software Product with other software other than as described in the Software Product’s accompanying documentation or as approved of in writing by ficox; (b) lease, rent or loan the Software Product to any third party; (c) sublicense, distribute or otherwise transfer the Software Product or any component thereof to any third party except as expressly authorized in this agreement; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software Product; (e) remove, alter, or obscure any confidentiality or proprietary notices (including copyright and trademark notices) of ficox or its suppliers on the Software Product; (f) attempt to unlock or bypass any copy protection or authentication algorithm utilized by the Software Product (g) allow third parties to access or use the Software Product such as in a time-sharing arrangement or operate the Software Product as part of a service bureau or for the use or benefit of third parties; (h) reproduce or use the Software Product except as expressly authorized under the section named “LICENSE”; or (i) disclose or publish performance benchmark results for the Software Product.

5. SERVICES, UPDATES

Ficox is not required under this license to provide any installation, training or other services to you. If, pursuant to a separate support agreement or otherwise, ficox provides you with a new release, error correction, update, upgrade or other modification to the Software Product, such modification will be deemed part of the Software Product, and subject to the terms of this license, unless the modification is expressly provided subject to a separate License Agreement. Ficox reserves the right at any time not to release or to discontinue release of any Software Product and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of any future releases of the Software Product.

During the lifetime of the Software Product, ficox will provide basic technical support in response to email requests. E-mail support requests must be sent to the addresses specified in the documentation of the Software Product. Ficox is not responsible for your failure to receive response to your support inquiry, based upon your use of junk mail controls and filters.

6. TERMINATION

Without prejudice to any other rights, Ficox may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In such event, all rights granted under this License Agreement will immediately terminate and you must stop all use of the Software Product and any redistributables; (b) you must destroy all copies of the Software Product provided to or made by you, including all component parts; and (c) all provisions of this License Agreement with the exception of the licenses granted in sections 3 and 4, will survive termination of this License Agreement for any reason.

This License Agreement constitutes the entire, final and exclusive agreement between you and ficox regarding the specific license transaction described herein. If any provision of this license is held to be illegal, invalid or unenforceable for any reason, then such provision will be enforced to the maximum extent permissible and the remainder of the provisions of this License Agreement will remain in full force and effect.

If you have any questions about this License Agreement, please contact us. All contact information is available our legal information page.

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