End-User Licence Agreement (EULA)
Note: You may need to scroll down to the end of this EULA before you can accept it and continue to use or install the software.
Important note: This agreement (or "EULA") is a legally binding contract between the person, company or organisation to whom this software is licensed ("you" or the "Customer") and CREALOGIX. Please read the agreement carefully before completing the installation and using the software. By installing or using the software, you confirm acceptance of the software supplied by CREALOGIX and declare that you accept the terms and conditions of this agreement as binding on you. If you are not prepared to accept these terms and conditions as binding on you or you are not authorised to make such a declaration on behalf of the Customer, you must not install/use the software and should return to the place where you purchased the product in order to obtain a refund of the purchase price in accordance with the relevant return conditions. This EULA only applies to the software supplied by CREALOGIX in accordance with these terms and conditions, even if this EULA refers to or describes other software.
A. "CREALOGIX" means CREALOGIX AG, Ready Made Products, Maneggstrasse 17, 8041 Zurich, Switzerland, and your licensor, if applicable.
B. "Software" only means CREALOGIX software and middleware programs and the corresponding documentation, associated media, documents on paper and online or documentation available electronically. For the purposes of this agreement, the term "software" also includes all updates to the software to which you are entitled and which are made available to you by CREALOGIX.
2. Granting of licences
Licences granted under Part 2 are subject to the terms and conditions laid down in this EULA:
A. The software must only be installed according to the number of licences obtained.
B. If the software is run in conjunction with other CREALOGIX software products as part of a product suite (referred to jointly as a "suite"), user rights to the suite will be licensed as a product unit, and none of the individual products comprising this unit may be separated from the product unit for the purpose of installation or use on more than one computer simultaneously.
C. You declare that you agree that, after due notice, CREALOGIX may verify your compliance with these terms and conditions when using the software at any time. If this check reveals that you are not fully complying with the terms and conditions of this agreement when using the software, in addition to any further obligations you may incur due to such non-compliance, you will be required to pay a reasonable fee to CREALOGIX for carrying out this check.
D. Your licence rights under this EULA are not exclusive.
3. Restrictions of licence
A. You may neither make nor pass on copies of the software, nor may you transfer the software electronically from one computer to another computer or via a network. You must only install the software on more than one
computer and connect them via a network in accordance with the number of licences granted.
B. You must not alter, merge, modify, adapt or translate the software or decompile, reverse engineer, disassemble or otherwise convert it to human-perceivable form.
C. You must not hire out, lease or sub-license the software.
D. You may permanently assign all rights under this EULA only in connection with sale or transfer of the agreement provided that you do not keep a copy of the software and transfer it in its entirety (including all components, media and printed documents, upgrades, this EULA, the serial numbers and any other software products supplied together with the software), and the recipient confirms that they accept the terms and conditions of this EULA.
E. Unless provided otherwise in these terms and conditions, you must not modify the software nor create derivative works from the software.
F. You must not use the software to develop an application with the same main functions as the software.
G. If you fail to comply with this EULA, CREALOGIX may cancel the licence, upon which you are required to destroy all copies of the software (following which cancellation, all other rights of the parties and all other terms and conditions of this EULA will remain valid).
4. Software updates and maintenance (partly with costs)
For the first 12 months after purchase, you are entitled to software updates (bug fixes, corrections etc.) at no extra charge, under the terms of the maintenance contract. After the first 12 months, a fee will be charged for all software updates. Upgrades to newer versions are always chargeable. On purchase of an upgrade, a further 12 months' software maintenance is again included in the charge. Maintenance subsription apply to separate conditions.
Under this licence, you are granted a limited right of use of the software. All legal rights and claims, particularly copyright and all intellectual property rights to the software and copies thereof belong to CREALOGIX and its suppliers. CREALOGIX and its suppliers reserve all rights not specifically granted under this EULA, including European and international copyright.
6. Limited warranty and exclusion from warranty
A. CREALOGIX and its suppliers grant no explicit, conclusive or other warranty or assurance in relation to the software supplied by CREALOGIX, even in relation to suitability for a particular purpose. In particular, no warranty is given as to the problem- or interruption-free operation of the software. The software is not designed, planned or licensed for use in a hazardous environment, in which fail-safe mechanisms are required.
B. If the granting of warranties for the software is mandatory by law (i.e. the requirement for the warranty cannot be waived), all warranties are limited to a warranty period of 90 (ninety) days from the delivery date, or to the shortest possible period according to the relevant law, if this is longer than 90 days.
7. Exclusive remedy
In the cases mentioned in Point 5 (b) above, CREALOGIX will endeavour, to the extent customary in the industry, to supply you with a new copy, corresponding to the documentation in all essential points. CREALOGIX accepts no liability whatsoever if the software has been altered by you or by a third party in any way, if the software has not accessed the update server and has therefore been unable to install the available security updates, if the media have been damaged by improper use, accident, misuse, modification or incorrect use, or if the fault is due to the use of the software with a hardware configuration other than that recommended. Such improper use, accident, misuse, modification or incorrect use of the software will invalidate this warranty. THIS LEGAL REMEDY IS THE SOLE AND EXCLUSIVE LEGAL REMEDY AVAILABLE TO YOU.
A. Neither CREALOGIX nor its suppliers are liable to you or third parties for loss or damage, specifically direct, physical or incidental damage, punitive damages, or consequential loss (specifically for damages
due to the impossibility of using the device or accessing data, lost orders, loss of profits, business interruption and the like) arising from or in connection with the use or impossibility of use of the software supplied by CREALOGIX, based on any theory of liability whatsoever, including breach of contract, breach of the terms of the warranty, wrongful acts (including negligence), product liability etc, even in cases where CREALOGIX or the representatives of CREALOGIX have been informed of the possibility of such claims for damages, and even if a legal remedy mentioned in these terms and conditions has failed to serve its intended purpose.
B. The above disclaimer applies to the warranties and exclusions set out above and to all other aspects of this EULA.
9. Basis of the transaction
The above-mentioned limited warranty and exclusion from the warranty, the exclusive legal remedy and disclaimer form fundamental elements of the basis for the agreement between CREALOGIX and yourself. Without these restrictions, CREALOGIX would be unable to offer you the software on an affordable basis. The limited warranty, exclusion from warranty, exclusive legal remedy and disclaimer are to the benefit of CREALOGIX licensors.
10. Only for consumer/end-user
The restrictions of or exclusions from warranty and liability contained in this EULA do not apply to or affect the legal rights of consumers, i.e. persons acquiring the goods for non-commercial purposes. The restrictions or exclusions from warranty and liability contained in this EULA only apply to you in so far as such restrictions or exclusions are allowed under the law of your country of residence.
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (1980) or the United Nations Convention on the Limitation Period in the International Sale of Goods in the relevant version do not apply to the rights and obligations of the parties under this EULA. This EULA, together with all ensuing rights and obligations, is subject instead in every respect solely to Swiss law, to the exclusion of conventions relating to conflict of laws. You declare that you accept that all disputes arising from this EULA shall be resolved by the competent courts in Zurich, Switzerland.
This EULA contains the full agreement between the parties as to the subject-matter of the contract, and replaces all previous or current written or verbal agreements or arrangements. You declare that you accept that any deviating or additional terms and conditions on order forms or other written communications or documents drawn up by you in relation to the software covered by the licensing agreement are invalid. If CREALOGIX fails to exercise its rights under this EULA or in case of a breach of the terms and conditions of this EULA at all or in time, this does not constitute a waiver of these rights or of the taking of measures in case of breach of contract. Dealers, representatives or employees of CREALOGIX are not authorised to amend this EULA. If a clause of this EULA is judged to be unlawful by a competent court, the clause in question shall be enforced as far as permissible and the remaining clauses of this EULA shall remain in force to their full extent.
Any questions concerning this EULA should be directed to: CREALOGIX AG AG, Digital Payment, P.O. Box, 8048 Zurich, Switzerland.
CREALOGIX and other brand names or trademarks contained in the software are brand names or registered trademarks of CREALOGIX Holding AG. Brand names or trademarks, trade names, product names and logos of third parties may be brand names or registered trademarks of the respective owners. You must not remove or
alter brand names or trademarks, trade names, product names, logos, copyrights or other indications of protection of patent or proprietary rights, marks, symbols or labels on the software. This EULA does not authorise you to use the name of CREALOGIX, its licensor or the respective brand names or trademarks.