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1. Grant of License
1.1 Bartels Media GmbH grants non-commercial users a non-exclusive, non-transferable and revocable license to use the software program "Autotext Typing Assistant" on a single personal computer free-of-charge, provided that the Software is solely used in private premises for personal and non-commercial activities and NOT used for or in combination with any task where the user receives any financial benefit (commissions, wages, loans, royalties, etc.) related with such task.
2. Ownership
You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with Bartels Media GmbH.
3. Copyright
The Software and Documentation contain material that is protected by Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Bartels Media GmbH. You may not remove any proprietary notice of Bartels Media GmbH from any copy of the Software or Documentation.
4. Restrictions
You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software.
5. Confidentiality
You agree to reasonably communicate the terms and conditions of this Software License Agreement to those persons employed by you who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Program for the purpose of deriving the source code of the Program or defeating the license key. You must not publish the license key to any third party and must make sure that purchased license keys are not used on multiple computers.
6. Privacy
We guarantee that "Autotext Typing Assistant" never transmits any personal information such as your phrase collection or word databases to any 3rd party over the internet.
9. Limited Warranty
BARTELS MEDIA GMBH PROVIDES THE SOFTWARE FREE-OF-CHARGE AS-IS. NO WARRANTIES ARE MADE.
"Autotext Typing Assistant" IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF "Autotext Typing Assistant" COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). BARTELS MEDIA GMBH EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
11. Termination
This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying all copies of the Software and Documentation in your possession or under your control. Bartels Media GmbH may terminate this License Agreement at any time without reason provided. Bartels Media GmbH may terminate this License Agreement for the free non-commercial license at any time. Upon notification of termination, you agree to destroy all copies of the Software and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement.
12. General
This License Agreement shall be construed, interpreted and governed by the laws of Germany without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate court sitting in Trier, Germany. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably affect the intention of the parties.
Bartels Media GmbH, Im Treff 20, 54296 Trier, Germany
General Manager: Gunnar Bartels, Trade Register: Local Court Wittlich (Germany) HRB 40276