Cinegy End-User License Agreement (EULA)

Please read the following license agreement carefully before installation. By opening the packet(s) containing the software or by installing or deploying the aforementioned software, you indicate your acceptance of the provisions of this license agreement.

Terms

Cinegy GmbH (Cinegy) is the owner or Licensor of the intellectual property (the Software) which it licenses under the conditions set below to the end-user (the Licensee).

Licensing

With the purchase of the Software Cinegy grants the Licensee the license to use one copy of the Software on any single computer provided the Software is in use on only one computer at any time (floating license) or on one explicitly named, registered machine (machine license).

In case of subscription or rental, Cinegy shall grant a limited license for the period of the rental or subscription agreement.

The Licensee will only use the Software within the framework of the license or licenses applied for.

If the Licensee contravenes the EULA, Cinegy has the right to withdraw from the contract and to demand compensation.

If the Licensee uses the software more extensively than agreed, the Licensee must pay Cinegy for actual use according to the current price list. Further claims of behalf of Cinegy remain unaffected by this provision.

Manuals

The manuals enclosed in the packages are also an integral part of this license agreement. The manuals were prepared and translated with the utmost care. Editorial or printing errors cannot be ruled out completely. No liability for such mistakes will be accepted. No part of the manuals may be reproduced or transmitted in any form or by any means for any purpose without the written permission of Cinegy. No part of the manual is allowed to be changed in any way and for any purpose without the written permission of Cinegy.

Warranties

CINEGY MAKES NO WARRANTIES TO THE LICENSEE IN CONNECTION WITH THIS LICENSE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

No liability for consequential damages. In no event shall Cinegy or its suppliers be liable for any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use this Software, even if Cinegy has been advised of the possibility of such damages.

Ownership and Copyright

All ownership and copyright rights for the software and the associated manuals belong to Cinegy. The Licensee may not in any way compromise, restrict or interfere with the ownership or other rights of Cinegy. Ownership and copyright will remain unaffected by any possible changes the Licensee makes to the software. The software and the corresponding manuals may not be reproduced, forwarded copied, integrated into any other software, reverse engineered or translated in to another language by the licensee unless written permission from Cinegy has been given. The Licensee may create backup copies of the software for use as agreed in the contract. The Licensee will protect the software, manuals and backup copies from the unauthorized attention of third parties, which also includes the attention of unauthorized employees of the Licensee, by taking suitable precautions. Removal of the trademark, indication of authorship and copyright from Cinegy software is strictly prohibited.

Third Party Technology

Cinegy’s Software may integrate technologies licensed from Third Parties. Cinegy has the right to redistribute these as part of its products and is responsible for all resulting financial obligations to these Third Parties. The technologies incorporated may use trademarks and copyright messages which will be displayed within the respective products and/or their manuals. The ownership and copyright of these technologies or Software parts is protected as are their trademarks.

Other Use

Unless purchased as part of an official Cinegy cloud subscription, the use of the Software in publicly accessible virtual machine environments (e.g. “Cloud”) will require written permission by Cinegy and may require different licensing. The following usage will also require written permission by Cinegy and may require different licensing:

1) Offering the use of the Software in another way to third parties (e.g. via the Internet)

2) Providing the Software directly or via third parties on a rental or subscription basis.

Transfer of Licenses

Any transfer of licenses requires Cinegy’s written permission. Eventual SLA contracts covering the Software are not transferable.

Export Restrictions

The Software or parts of it may be restricted to be exported to specific countries. For an updated list please contact Cinegy.

Safeguard Clause

If individual or several provisions of this contract are or become invalid or void, the other provisions shall remain valid. The valid provisions agreed on by the parties after acknowledgment of this problem when concluding the contract replace the invalid or void provisions to achieve the same economic goal. The same is true for the closing of open or hidden loopholes in this contract.

Place of Court

Cinegy is a German company incorporated in Munich, Germany. The place of court is Munich, Germany.