License Agreement for the "yalst LiveSupportTool"

PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING OR OPENING THE SOFTWARE PACKAGE, COPYING, INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED: FOR EXAMPLE, IF APPLICABLE, YOUR EMPLOYER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.

1. PREFACE
Rostock-digital owns all intellectual property in the Software. The Software is licensed, not sold. Rostock-digital permits you to copy, download, install, use, or otherwise benefit from the functionality or intellectual property of the Software only in accordance with the terms of this agreement. The software may include product activation and other technology designed to prevent unauthorized copying. The activation technology may prevent your use of the software if you do not follow the activation process described in the software and documentation.

2. DEFINITIONS
"Rostock-digital" means the rostock-digital GbR, Joachim-Jungius-Str. 9, 18059 Rostock, Germany.
"Server" means a computer device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
"Permitted number" means one (1) unless otherwise indicated under a valid license granted by rostock-digital.
"Software" means
(1) all of the information with which this Agreement is provided, including but not limited to
- rostock-digital or third party software files and other computer information
- sample and stock photographs, images, sounds, clip art and other artistic works
- related explanatory written materials and files ("Documentation")
(2) any modified versions and copies of, and upgrades, updates and additions to, such information, provided to you by rostock-digital at any time, to the extent not provided under a separate Agreement (collectively, "updates").

3. SOFTWARE LICENSE
As long as you obtained the Software from rostock-digital or one of its authorized licensees and as long as you comply with the terms of this Agreement, rostock-digital grants you a non-exclusive license to use the Software in the manner and for the purposes described in the Documentation, as further set forth below.
(1) Ownership of Rights. With the acquisition of the product, you merely come to possess the physical data carrier on which the software is recorded (not applicable if downloaded from the Internet). An acquisition of rights to the software itself is not associated with this. Rostock-digital particularly reserves all dissemination, reproduction, adaptation and exploitation rights to the software.
(2) Server Installation. You may install the permitted number of copies of the Software on the permitted number of computer file server(s) within your internal network or the Internet.
(3) Access Management. You may arrange the permitted number of accesses in the installed Software on the computer file server(s).
(4) Backup Copy. You may make a reasonable number of backup copies of the Software, provided your backup copies are not installed or used for other than archival purposes. Any permitted copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.
(5) No Modifications. You may not modify, adapt or translate the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
(6) No Unbundling. The Software may include various applications, utilities and components, may support multiple platforms and languages and may be provided to you on multiple media or in multiple copies. Nonetheless, the Software is designed and provided to you as a single product to be used as a single product. You are not required to use all component parts of the Software, but you may not unbundle the component parts of the Software for use on different Computers. You may not unbundle or repackage the Software for distribution, transfer or resale.
(7) No Dublicating. You may not create works derived from the software or duplicate the printed material.
(8) Stock Files. You may display, modify, reproduce and distribute any of the stock files. However, you may not distribute the stock files on a stand-alone basis (i.e., in circumstances in which the stock files constitute the primary value of the product being distributed). Stock files may not be used in the production of libelous, defamatory, fraudulent, lewd, obscene or pornographic material or any material that infringes upon any third party intellectual property rights or in any otherwise illegal manner. You may not claim any trademark rights in the stock files or derivative works thereof.
(9) Security-relevant Systems. The software is not designed, licensed or intended for use in nuclear facilities, aircrafts, communication systems, flight control system or security-relevant monitoring systems and its licensors disclaim any express or implied warranty of fitness for such uses.

4. UPDATES
If the Software is an upgrade or update to a previous version of, you must possess a valid license to such previous version in order to use such upgrade or update. All upgrades and updates are provided to you on a license exchange basis. You agree that by using an upgrade or update you voluntarily terminate your right to use any previous version. Upgrades and updates may be licensed to you by rostock-digital with additional or different terms.

5. TRIAL VERSION AND FREE EDITION
If the Software is a tryout ("Trial Version") or free software version ("Free Edition"), then the following section applies. The tryout or free software versions may contain limited functionality and is to be used for demonstration and evaluation purposes only and not for your commercial purposes. Your use of the trial or free software versions is at your own risk.

6. INTELLECTUAL PROPERTY OWNERSHIP
The Software and any authorized copies that you make are the intellectual property of and are owned by rostock-digital. The structure, organization and code of the Software are the valuable trade secrets and confidential information of rostock-digital. The Software is protected by law, including but not limited to the copyright laws of Germany and other countries, and by international treaty provisions. This agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by rostock-digital.

7. LIMITED WARRANTY
Rostock-digital warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use.  Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and rostock-digital's entire liability under this limited warranty will be at rostock-digital's option to replace Software media or refund the fee paid for Software. Any implied warranties on the Software are limited to 90 days. Some countries or states do not allow limitations on duration of an implied warranty, so the above may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from country to country and from state to state.

8. LIMITATION OF LIABILITY
(1) Unless specified in this agreement, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement are disclaimed, except to the extent that these disclaimers are held to be legally invalid.
(2) The manufacturer rostock-digital draws attention to the fact that in view of the current state of the art, it is not possible to create computer Software such that it functions free from error in all applications and combinations. The subject of the Agreement is merely a Software product which is fundamentally fit for use as stated in the description of the program and in the documentation. In particular, rostock-digital does not guarantee that the Software will fulfill the your needs and purposes or will work together with your other programs. You bear the responsibility for the correct selection and the consequences of using the Software, in as far as intended or achieved results are concerned. The same applies to the printed material which accompanies the Software. Rostock-digital is not liable for damages except in the circumstances that damage has been caused by intent or through gross negligence on the behalf of rostock-digital. The liability with respect to traders for gross negligence is also excluded. Any liability resulting from a property assured by rostock-digital remains unaffected by this. Liability for consequential harm caused by a defect, which is not covered by the warranty is excluded.
(3) To the extent not prohibited by law, in no event will rostock-digital or its affiliates or suppliers be liable to you for any loss, damages, claims or costs whatsoever including any consequential, indirect or incidental damages, any lost profits or lost savings, any damages resulting from business interruption, personal injury or failure to meet any duty of care, or claims by a third party, even if an adobe representative has been advised of the possibility of such loss, damages, claims or costs. the foregoing limitations and exclusions apply to the extent permitted by applicable law in your jurisdiction. Rostock-digital's aggregate liability and that of its affiliates and suppliers under or in connection with this agreement will be limited to the amount paid for the software, if any. This limitation will apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this Agreement.

9. TERMINATION
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately without notice from rostock-digital if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon termination, you must destroy all copies of the Software.

10. EXPORT REGULATIONS
All Software and technical data delivered under this Agreement are subject to export control laws of Germany and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.

11. GOVERNING LAW
Any action related to this Agreement will be governed by the laws of Germany. The courts of Rostock, Germany will have exclusive jurisdiction and venue over any dispute arising out of this agreement, and you hereby consents to the jurisdiction of such courts. No choice of law rules and of any jurisdiction will apply.

12. SEVERABILITY
If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

13. INTEGRATION
This Agreement, including any terms contained in your entitlement, is the entire agreement between you and rostock-digital relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.