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THE SOFTWARE IS OWNED BY HYPERSOFT INFORMATIONSSYSTEME GMBH AND IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THE SOFTWARE IS LICENSED, NOT SOLD. HYPERSOFT INFORMATIONSSYSTEME GMBH GRANTS TO YOU THE FOLLOWING RIGHT UNDER THIS END USER LICENSE AGREEMENT. YOU MAY INSTALL AND USE THE SOFTWARE FOR YOUR USE OR (FOR ENTITIES) USE WITHIN YOUR ORGANIZATION, PROVIDED THE TOTAL NUMBER OF THE LICENSE UNITS IN USE REMAINS WITHIN THE LIMITS SPECIFIED ON OUR INVOICE ISSUED TO YOU AT THE TIME OF LICENSING. ONE LICENSE UNIT IS EACH MEASURED DATA SOURCE FOR EACH UNIQUE PERSON THAT BELONGS TO THE MEASURED SCOPE. EACH DATA SOURCE THAT CANNOT BE ASSIGNED TO INDIVIDUAL USERS IS COUNTED AS ONE THOUSAND LICENSE UNITS. THE TERM OF THE LICENSE IS ALS INDICATED ON OUR INVOICE; IT MAY BE PERPETUAL OR TEMPORARY.

YOU MAY NOT REVERSE ENGINEER, DECOMPILE, OR DISASSEMBLE THE SOFTWARE, EXCEPT TO THE EXTENT SUCH FOREGOING RESTRICTION IS EXPRESSLY PROHIBITED BY APPLICABLE LAW. YOU MAY NOT RENT OR LEASE THE SOFTWARE.

TRANSFER TO THIRD PARTY: THE INITIAL USER OF THE PRODUCT MAY MAKE A ONE-TIME TRANSFER OF THE PRODUCT TO ANOTHER END USER ONLY, AFTER THE PRODUCT IS COMPLETELY UNINSTALLED AND REMOVED FROM ALL COMPUTERS WITHIN YOUR ORGANIZATION. THE TRANSFER HAS TO INCLUDE ALL COMPONENT PARTS, MEDIA, PRINTED MATERIALS, THIS LICENSE AGREEMENT, AND IF APPLICABLE, THE CERTIFICATE OF AUTHENTICITY. THE TRANSFER MAY NOT BE AN INDIRECT TRANSFER, SUCH AS A CONSIGNMENT. PRIOR TO THE TRANSFER THE END USER RECEIVING THE TRANSFERRED PRODUCT MUST AGREE TO ALL THE LICENSE AGREEMENT TERMS. NO RENTAL. HYPERSOFT INFORMATIONSSYSTEME GMBH RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN.

NO WARRANTIES: THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. NO LIABILITY FOR CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL HYPERSOFT INFORMATIONSSYSTEME GMBH BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF HYPERSOFT INFORMATIONSSYSTEME GMBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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