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axtesys GmbH - End User Licence Agreement (EULA)

Definitions:​

  • You or Your: An individuall or legal entity reading or accepting the EULA

Acronyms:​

  • EULA: End User Licence Agreement

1 Introduction​

Your use of the software application offered by axtesys GmbH is subject to this EULA. You and axtesys GmbH, with its address at Burggasse 3, 8010 Graz, Austria, are the two parties to this Agreement. You agree to be governed by all provisions of this Agreement that are relevant to your location by purchasing or using any axtesys GmbH applications. Subject to relevant legislation, axtesys GmbH has the right to amend and change this Agreement. By using the axtesys GmbH application going forward, you are still agreeing to this EULA.

2 Updates to this EULA​

By publishing the updated EULA on the axtesys GmbH website, axtesys GmbH maintains the right, at its discretion, to revise, modify, add, or remove elements of this EULA at any time. It is your duty to regularly check the EULA for updates. All modified terms, unless otherwise specified, shall take effect when they are first posted. Your only option if you ever disagree with any part of the current edition of our EULA is to discontinue using the application. By using the application after any modifications to the EULA take effect, you are believed to have agreed to them.

3 Ownership​

Axtesys GmbH hereby grants you a personal, non-transferable and prohibits sublicensing license to use the application; it expressly forbids any transfer between the licensee's parent and subsidiary companies. Except as expressly permitted by axtesys GmbH, you undertake not to change, loan, rent, distribute, copy, modify or produce derivative works based on any part of the application. Axtesys GmbH is the owner and assert full ownership and control of the software, including the application, software, and its source code, as our exclusive intellectual property with all associated property rights. Regarding the application, axtesys GmbH retains all rights, including without limitation all intellectual property rights and other proprietary rights. Reverse engineering is strictly prohibited, and any "fair use" in the context of United States federal law is expressly forbidden.

4 Updates​

You agree that the application is still "work-in-progress" and you might be required to accept updates to the application and the application might automatically update at any moment with or without your knowledge. New or existing functionality may be added or removed as a result of application updates. You give your consent to these automatic updates by using the application. In order to acquire the application and use axtesys GmbH' software, you might occasionally need to update third party software.

5 Limitations and fail Safety​

The application is not designed to be 100% reliable or always available, despite our best efforts to make it both. The application may occasionally have pauses and malfunctions due to a number of factors outside of axtesys GmbH' control. You agree to these restrictions and accept that axtesys GmbH is not liable for any harm or damages purportedly brought on by the applications inability or delay in reflecting current status or notifications. Axtesys GmbH disclaims any liability for damages caused to individuals or their equipment by our software. This application is not intended, designed and tested for use in critical fields or critical infrastructure, which require fail safety (e.g. Air Traffic Controls, nuclear plants or other critical sectors of the NIS2 regulation). This application is not intended, designed and tested for usage in fields which could result in injuries or death of people and animals.

6 Indemnity​

You agree that any use or misuse of the application, any violation by you of this EULA or any other axtesys GmbH Agreement, and all resulting claims, liabilities, losses, damages, and related costs are your responsibility. You agree to assist axtesys GmbH in its defence of any claim for which you are obligated to indemnify it, and axtesys GmbH reserves the right to take the exclusive defence and control of any matter at your expense. You acknowledge and agree that this clause's terms will remain in effect even if your usage of the application is terminated.

7 Disclaim of Warranties​

You agree that the use of the service is at your exclusive risk and is provided on an "as is" basis without any express or implied warranties of any kind. You use the application at your own risk. axtesys GmbH is not liable for any resulting data loss, computer system damage, loss of profit or goodwill or any liability for damages caused to individuals. Even if certain parts of the Agreement are deemed invalid or unenforceable, the remainder of the agreement remains valid and enforceable.

8 Trial Versions​

Subscriptions for any Industrial Edge Offering identified and delivered as ‘trial’ constitutes a No-Charge Offering. For the avoidance of doubt, Customer is entitled to use the trial Industrial Edge Offering for production or other commercial purposes. Customer may terminate the trial subscription at any time during the trial Subscription Term no later than 14 days prior to the end of the trial. Termination of the trial will also result in termination of the correspondingly ordered paid subscription. Upon expiration of the trial, the Subscription Term for the corresponding paid subscription will begin, unless terminated, and Customer will be invoiced accordingly

9 Termination​

When you first use the application, this EULA and the license it grants become effective. They will remain in effect for as long as you use the application or until this EULA is cancelled. If you violate the provisions of this EULA or other axtesys GmbH agreements, axtesys GmbH may terminate this EULA at any time. By sending writing notification to the axtesys GmbH customer care department at office@axtesys.at, you may terminate this EULA with immediate effect. After the termination of the subscription or the decline of the EULA, the access will be blocked automatically. Additionally, after declining the newer version of the EULA, the invoice will be canceled. The license granted hereunder shall expire upon termination of this EULA, and you must stop using the application right away.