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Eula Isesteroids

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Fredou Prout
Copyright
© © All Rights Reserved
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0% found this document useful (0 votes)
11 views

Eula Isesteroids

Uploaded by

Fredou Prout
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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This copy of ISESteroids ("Software Product") and accompanying documentation is licensed and not sold.

This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to
other forms of intellectual property. Dr. Tobias Weltner or its subsidiaries, affiliates, and suppliers
(collectively "Weltner") own intellectual property rights in the Software Product. The Licensee's ("you" or
"your") license to download, use, copy, or change the Software Product is subject to these rights and to all
the terms and conditions of this End User License Agreement ("Agreement").

Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY
SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY
INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL
OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD
THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY
THE SOFTWARE PRODUCT.

License Grant
This Agreement entitles you to install and use the Software Product. Multiple copy use or installation is
allowed if you obtain an appropriate user license for each user of the Software Product.

Restrictions on “ISESteroids PowerShell Specialist” License Type


Licenses of type “ISESteroids PowerShell Specialist” are specifically discounted licenses for personal use.
You must be a natural person to use this type of license. You cannot be a corporation, company,
partnership, association or other entity or organization. This type of license is non-transferrable.

Non-profit organizations, educational institutions, and startup companies (defined as having less than 10
employees, being founded less than 4 years from date of license purchase) can apply for a modification of
this EULA to use “ISESteroids PowerShell Specialist” licenses.

Restrictions on Transfer
Without first obtaining the express written consent of Weltner, you may not assign your rights and
obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise
transfer your rights to the Software Product.

Restrictions on Use
You may use the Software Product for evaluation purposes during a trial period of 10 testing days within a
maximum number of 90 days. Your use of this Software Product during Evaluation Period shall be limited
to the internal evaluation of Software for the sole purpose of determining whether this Software Product
meets your requirements and whether you desires to continue using this Software Product.

Once the trial period has expired, you may not use the Software Product or permit the usage of the
Software Product on any system without obtaining and installing a valid appropriate user license. Software
contains a feature that will automatically disable Software upon expiration of Evaluation Period. You may
not disable, destroy, or remove this feature of Software, and any attempt to do so will be in violation of this
Agreement and will terminate Licensee's rights to use Software.

Commercial use of the Software Product requires a commercial user license. Commercial use includes but
is not limited to using this software as part of your paid employment.

 ISESteroids Enterprise: commercial use permitted


 ISESteroids Professional: commercial use permitted
 ISESteroids PowerShell Specialist: commercial use permitted
You may not decompile, reverse-engineer, disassemble, or otherwise attempt to derive the source code for
the Software Product.

You may not use the included PowerShell documentation portion of the Software Product in connection
with any software other than the Software Product.

Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its
accompanying documentation without first obtaining the express written consent of Weltner. You may not
reproduce the included PowerShell documentation portion.

General
Weltner reserves the right at any time to cease the support of this Software Product and to alter prices,
features, specifications, capabilities, functions, licensing terms, release dates, general availability or other
characteristics of this Software Product.

Disclaimer of Warranties and Limitation of Liability


THIS SOFTWARE PRODUCT IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTIES.
WELTNER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, WELTNER AND ITS AFFILIATES, SUPPLIERS
AND RESELLERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-
INFRINGEMENT, WITH REGARD TO THIS SOFTWARE PRODUCT, AND THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT SERVICES.

Weltner makes no warranty that the Software Product will meet your requirements or operate under your
specific conditions of use. Weltner makes no warranty that operation of the Software Product will be
secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE
PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND
UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY
LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR
REQUIREMENTS. WELTNER WILL NOT, UNDER ANY CIRCUMSTANCES TO THE MAXIMUM
EXTENT PERMITTED, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY
COMPUTER OR INFORMATION STORAGE DEVICE.

IN ANY CASE, WELTNERS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS


AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THIS
SOFTWARE PRODUCT UNDER THIS AGREEMENT.

UNDER NO CIRCUMSTANCES SHALL WELTNER, ITS DIRECTORS, OFFICERS, EMPLOYEES


OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING
LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT,
OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE
PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE
NEGLIGENCE OF WELTNER OR ANY OTHER PARTY, EVEN IF WELTNER IS ADVISED
BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE
APPLICABLE JURISDICTION LIMITS WELTNER'S ABILITY TO DISCLAIM ANY IMPLIED
WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT
PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is
the correction or replacement of the Software Product. Selection of whether to correct or
replace shall be solely at the discretion of Weltner. Weltner reserves the right to substitute a
functionally equivalent copy of the Software Product as a replacement. If Weltner is unable to
provide a replacement or substitute Software Product or corrections to the Software Product,
your sole alternate remedy shall be a refund of the purchase price for the Software Product
exclusive of any costs for shipping and handling.

Any claim must be made within the applicable warranty period. All warranties cover only defects arising
under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect,
alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper
installation, or damage determined by Weltner to have been caused by you. All limited warranties on the
Software Product are granted only to you and are non-transferable. The parties agree to indemnify and hold
each other harmless from all claims, judgments, liabilities, expenses, or costs arising from the indemnifying
party’s breach of this Agreement and/or acts or omissions.

Governing Law, Jurisdiction and Costs


This Agreement is governed by the laws of Germany.

Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this
Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not
permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the
maximum extent permitted by such applicable laws.

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