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版本歷史記錄
- 版本 2.5 發佈於 2009-12-03
軟體細節
- 軟體分類： 網路與互聯網 > 其他
- 發佈者： PROVISIO GmbH
- 軟體性質： 免費試用
- 價格： $499.00
- 版本： 2.5
- 作業系統： windows
終端使用者許可協定
My-Public-HotSpot Software License Agreement as of 12/2009 Copyright (c) 1996-2009 PROVISIO GmbH, Germany PROVISIO LLC, USA - All Rights Reserved END USER LICENSE AGREEMENT This license agreement is a valid contract between you (individual or legal entity) and PROVISIO, for My-Public-HotSpot, and other components owned by PROVISIO. ONLY if the software product is an original and has been delivered with an original 'Certificate of Authenticity' as part of the purchased software product will this license agreement be valid and grant the license rights subject to this agreement. Installing, registering, copying, downloading or otherwise using My-Public-HotSpot indicates your irrevocable acceptance of this licensing agreement and of our Copyright terms. In case you do not agree to the terms of this license agreement, PROVISIO GmbH will not license the software product for you. In this case, you will not be allowed to use or copy the software product. In addition, you will be obliged to contact PROVISIO GmbH immediately in order to receive information on how to return the software product and all other purchased items for refund of the purchase price under the terms of PROVISIO GmbH. This license agreement will be displayed any time prior to the installation of the software. It must be accepted by clicking on the corresponding button in order to obtain the license for the installation of the software. 1. GRANTING OF A LICENSE GENERAL LICENSE FOR INSTALLATION AND USE: PROVISIO GmbH grants the licensee a non-exclusive license for My-Public-HotSpot. The license comprises the following: 1. The application on a data carrier. 2. Enclosed data. 3. Software documentation. 4. Additional written materials. Source codes are not subject matter of this agreement and are neither part of the scope of software supply nor of any installations. The licensee has no right to own the source code of My-Public-HotSpot and will not receive this code. The software product is licensed and not sold! RESERVATION OF RIGHTS: This license agreement does not grant the Licensee any rights other than those explicitly granted herein. The ownership, copyrights and any rights pertaining to My-Public-HotSpot remain with PROVISIO GmbH. The licensee may not utilize any part of My-Public-HotSpot for purposes other than installing one copy per license on his or her computer. PROVISIO GmbH reserves, in particular, all rights for the publication and duplication of the software. PROVISIO GmbH only may alter the software in any form. UPDATES: The software updates are licensed in accordance with this license agreement unless you are asked to agree to a separate license agreement. In this case, the installation and use of the updates will be covered by the latter. 2. DELIVERY With the dispatch of the software and hardware the delivery risk will be with the customer. This rule also applies if delivery is free. In case the software product is picked up by the customer, the customer bears the risk of supply after being informed that the goods will be put at his or her disposal. In case PROVISIO GmbH fails to license the software by the promised date, the Licensee may not assert a claim until a time limit of two weeks set by the Licensee has expired, unless the Licensee proves that he or she is no longer interested in obtaining a license because of the delay. In case delivery is delayed or impossible, PROVISIO GmbH is not liable to indemnify the Licensee for any indirect damages unless in cases of willful or gross negligence in violation of contract on the part of PROVISIO GmbH. Deliveries in parts are allowed. In case PROVISIO GmbH is not able to fulfill this agreement on time or completely because of force majeure (act of God) , e.g. strike, lockout, outage of material supply, server failure, loss of production and supply, PROVISIO GmbH has the right to withdraw from this contract without liability for damages. 3. SCOPE OF USE The license permits the installation and use of the licensed software on one computer. The number of potential users on this one computer is not limited. Installation of the licensed software or display of the program on additional computers including terminals and workstations requires one license each per computer. This restriction does not apply for unlicensed program-versions (shareware). Moreover the simultaneous access to one licensed software product from or on the devices mentioned is not allowed. A license may be used by any person on a certain computer. Further separate licenses are required for the use of the licensed software on additional computers unless the customer uses a Shareware Version. This rule does not only apply to the My-Public-HotSpot Version. 4. DUPLICATION This software is subject to copyright. The licensed program and its documentation may neither be duplicated in full nor in part by the Licensee for purposes other than back-up. The licensee has to mark the back-up copy as copyrighted by PROVISIO GmbH. An existing or added registration number may not be removed. 5. THIRD PARTIES The right to use this software can only be transferred under the conditions of this agreement. The licensee may neither retain a copy in computer readable nor printed form; he or she must transfer the entire software product including all components, the media and printed material, all updates, this license agreement and the Certificate(s) of Authenticity as well as all registration data to the transferee. If the software product is an updated version, the transfer must embrace all former versions. The transferee must explicitly agree to the terms and conditions of this agreement. The leasing, renting or lending of the software is prohibited. 6. ALTERATIONS The Licensee may not alter the software him- or herself or through a third party. The Licensee is prohibited from using the software as the basis for his or her own work. He or she may not copy printed materials. Any form of reverse engineering (e.g. decompiling, disassembling) is strictly prohibited unless local jurisdiction explicitly permits reverse engineering. 7. DURATION OF CONTRACT This contract does not have a time limit. However, the Licensee looses his or her license, if any infringement of PROVISIO's rights occurs. 8. DOCUMENTATION The documentation and manuals are available in electronic form only, even with CD-ROMs. A notice of defect has no legal effect, and the agreement cannot be voided because of the lack or failure of a printed documentation. 9. WARRANTY AND LEGAL LIABILITY OF PROVISIO GmbH PROVISIO GmbH warrants the initial Licensee that the software data carrier and any other delivered hardware is without material faults under normal circumstances and maintenance. PROVISIO GmbH does not guarantee that the software product or any other product meets the customer requirements and purposes. Nor does PROVISIO GmbH guarantee that the software product and hardware product is compatible with other software or hardware. The Licensee knows that current technology cannot guarantee the functioning of software products under any condition. The data and information provided on PROVISIOs website, in the operating instructions and manuals, and in any other material like product descriptions and catalogues must be considered as non-committal product descriptions and not as guarantees. The granting of a guarantee must be confirmed in writing by PROVISIO to become legally binding. The licensee commits him- or herself to examine the software product immediately after receipt for obvious damages and defects easily identifiable by an average customer. Should an obvious damage, lack or defect (e.g. the absence of data on a data carrier like a CD-ROM, a lack of the software product or an easily visible damage of the data carrier) occur, Licensee shall notify PROVISIO GmbH or the supplier in writing within four weeks after delivery of software product. Licensee shall inform PROVISIO GmbH or the supplier about the exact nature of any alleged, obvious damages and defects and shall announce whether the Licensee intends to reject the software product. If no such notice is received, software products and goods will be deemed conforming, free of any defect and accepted by the Licensee unless the damage or lack was not recognizable even after careful inspection by an average consumer within the time limit mentioned above. The Customer agrees to pay for all accepted goods in accordance with the terms and conditions set forth herein. Licensee must reprimand damages and defects he or she recognizes at a later point in time to PROVISIO or his or her supplier within four weeks after detecting. If Licensee violates his or her obligation to examine the software product and to reprimand damages and defects, the software product is legally considered as being approved of regarding the relevant damages or defects. If a reproducible damage or defect of the software product occurs within the warranty period, PROVISIO GmbH will at its own discretion either repair the product, install a circumvention of the error or replace the product. Replaced devices or parts become property of PROVISIO GmbH. PROVISIO GmbH may appoint third parties for the correction of the error. In this case PROVISIO GmbH still acts on its own behalf and expenses. If PROVISIO GmbH can prove that no warranty case with regard to the alleged damage or defect occurred, the customer has to bear the expenses for defect diagnosis and connected services. If PROVISIO GmbH fails to remedy the defect by repairing or replacing within two weeks after commencement, the customer is free to withdraw from the contract or reduce the purchase price. Withdrawal from the contract and reduction of the purchase price has to be declared in writing. Licensee needs to destroy the software product, the license code and copies if he or she withdraws from the contract. The Licensee must also return all data carriers, delivered hardware including backup copies, written materials and a copy of the invoice to PROVISIO GmbH or the supplier who sold the product. All other warranty and liability of PROVISIO GmbH, its representatives and auxiliary persons is excluded unless PROVISIO GmbH acted in a grossly negligent way or intentionally, or bodily harm is subject matter of the damage event. Any implied warranty for merchantability or fitness for a particular purpose is excluded. We do not assume liability for lost revenues, loss of profit, damage to or the loss of data as well as any damage resulting thereof, especially phone costs, communication costs or provider costs except in the event that PROVISIO GmbH acted in a grossly negligent way or intentionally, or bodily harm is subject matter of the damage event and as far as this is applicable by law. We also do not assume liability for any installation-, maintenance or service costs which result from the My-Public-HotSpot software directly or indirectly. In any case, PROVISIO GmbH's legal liability only includes compensatory damages and is limited to the amount of the paid license fee. No punitive damages may be assessed. Any explicit warranties from PROVISIO GmbH remain untouched. Any warranties that the local jurisdiction adopted by law remains fully intact. Excluded is PROVISIO GmbHs liability for damages and defects which occurred on the following grounds: - Non-observance of the rules for installation, use and maintenance - Improper use of the product - Interference in the product unless these damages have been caused intentionally or in a grossly negligent way by PROVISIO GmbH and allowed by law. Licensee is solely responsible for the proper use of the product and data saving. The warranty period is 12 months beginning with the delivery of the product. My-Public-HotSpot is based on Microsoft's Internet Explorer. PROVISIO GmbH is not able to fix bugs which are related to the Microsoft Internet Explorer. Third-party statements and grants (e.g. distributors) about warranty, liability and compensatory or punitive damages are non-binding to PROVISIO GmbH. 10. LICENSING RIGHTS OF THIRD PARTIES The licensee is aware that the software is based on the product Internet Explorer of Microsoft (USA), for which PROVISIO GmbH does not possess any copyrights. This browser (web browser) control may be used for free as of the current Microsoft Corp. licensing regulations. The licensor cannot guarantee that the web browser control of future Microsoft Internet Explorer versions may and can be used. Due to this reason, we can only guarantee that the software will run with the current version of the Microsoft Internet Explorer Version (6.0). Any rights or claims to adjust the software to future versions of the Microsoft Internet Explorer do not exist.. The Internet Explorer uses the .gif (Compuserve Graphic Interchange) graphics format for displaying graphics. All rights for this graphic format as well as the LZW-algorithm on which it is based are owned by the company Unisys. Any licensing demands by the companies Microsoft and Unisys are responsibility of the licensee. The licensor does not assume any liability in this regard. PROVISIO GmbH holds licenses under United States Patents with the Numbers 6,078,848 und 5,761,071. Owner of these patents is Netkey, USA. [NETKEY Licensed; U.S. Patent Nos. 6,078,848 and 5,761,071]. 11. COPYRIGHTS / TRADEMARKS All property rights, title, and copyrights in and to the software product and its [Plug-Ins], including all (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the software product) and documentation and any copies of the software product are owned by PROVISIO GmbH. The software product is licensed not sold. You may not copy the licensed software product and the documentation neither completely nor in part with the exception of one machine-readable copy of the licensed software product solely for backup or archival purposes, or unless you want to install the software product for protection purposes. Licensee is obliged to attach the copyright notice of PROVISIO GmbH to this backup copy. All title and intellectual property rights in and to the content which may be accessed through use of the software product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This agreement does not grant you any rights to use such content. All rights which have not been expressly transferred or assigned to the Licensee are owned by PROVISIO GmbH. This agreement does not grant you any rights in connection with any trademarks or service marks of PROVISIO GmbH. 12. COMPLIANCE WITH TRADE REGULATIONS Licensee acknowledges that the software product including all hardware products is subject to German trade law, European trade law and the national laws of the EU Member States. Licensee agrees to comply with all applicable international and national laws that apply to the software product, including the German and European Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by Germany and other governments. 13. CLOSING STATEMENT Without prejudice to any other rights PROVISIO GmbH may terminate licensees rights under this agreement if Licensee does not observe a term or condition of this contract. In this case, Licensee must delete any copy of the software product and return any hardware product to PROVISIO. PROVISIO GmbH's General Business Terms and Conditions apply. You can view and print the General Business Terms and Conditions by visiting the following web site http://www.provisio.com/agb.aspx Any amendments and modifications to this agreement need to be in writing including this clause. If any part of this contract is illegal, the remainder of the contract remains nonetheless in full force. The contract becomes automatically amended in a way that comes closest to the business intentions behind the invalid part that made this contract illegal. The same rule applies if a contractual loophole occurs. The law of the Federal Republic of Germany only applies to this contract. UNCITRAL provisions (UN-LAW) do not apply in any form. Place of jurisdiction is the seat of PROVISIO GmbH if the Licensee - is a fully qualified merchant, a public corporation or a special fund or - has no general domestic place of jurisdiction or - moves his domicile or usual residence out of the country or if his domicile or usual residence is unknown at the time of filing suit. If you have any questions concerning this Agreement or the software or related documentation, you may contact PROVISIO's customer service at http://www.my-public-hotspot.com/ My-Public-HotSpot uses "Internet Explorer" which is copyrighted (c) by Microsoft Corp.(USA)