EULA

Terms

END USER LICENSE CONTRACT

1 Utilisation right
2 Restrictions
3 Description of other rights
4 Termination
5 No guarantee
6 Exemption from liability
7 Contractual amendments
8 Final provisions

IMPORTANT – PLEASE READ CAREFULLY: this End User License Agreement or “EULA” is a legally valid contract entered into by you and HolmeZ SoftSolutions Pte. Ltd. for the software enclosed with this EULA.
BY WAY OF INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE YOU CONSENT TO THE BINDING FORCE OF THE PROVISIONS SET OUT IN THIS EULA. IF YOU DO NOT PROVIDE YOUR CONSENT, YOU SHALL NOT BE ENTITLED TO INSTALL, COPY OR USE THE SOFTWARE.
This free software is intended exclusively for private use on a single, stand-alone PC (workstation). Copying the complete programme package and forwarding exclusively for private use are permitted.
Professional or commercial use of this software is not permitted.

1 Utilisation right
HolmeZ SoftSolutions Pte. Ltd. Grants you, the licensee, the following rights on condition that you comply with all the provisions of this EULA:
the licensor grants the user of the software (hereinafter referred to as the “licensee”) the basic, non-exclusive and personal right to use the software exclusively for private purposes and on a single computer system and only at one location (hereinafter referred to as the “license”).
The licensee is permitted to make a back-up copy of the software.

2 Restrictions
Reverse Engineering
The licensee is not permitted to alter, translate or reverse engineer, decompile or disassemble the software, create works derived from the software or duplicate, translate or alter the written material or create works derived from the written material.

Letting
The licensee is not permitted to hire, lease or loan the software.

Internet-based services
The licensee is not permitted to use the licensor’s internet-based services that are part of the software in a manner that damages, excessively strains, deactivates or harms such services or which could disrupt their use by another party.
The licensee is not permitted to attempt to gain unauthorised access to a service, an account, computer systems or networks that are part of the internet-based services.

Forwarding
The licensee is not permitted to forward the software, or copies thereof, to third parties for a consideration. This software package may not be marketed on commercial data carriers (e.g. sampler CDs, shareware CDs or as an OEM version) without approval by the licensor.

Separation of components
This software product is licensed as a single product. The licensee is not permitted to separate its components for use on more than one computer.

3 Description of other rights
Copyright
The licensor owns and holds the copyright to the software including, but not restricted to, pictures, photographs, animation, videos, audio, music, texts and “applets” contained in the software and in every copy of the software.
The licensor is entitled to all rights resulting from the copyright. The copyright includes, in particular, the programme code; documentation; appearance; structure and organisation of the programme files; programme names; logos and other presentation forms within the software. The licensee is only granted the individual, private utilisation right to the software. This is not associated with an acquisition of rights to the software itself. The licensor reserves the right to all publication, duplication, processing and utilisation rights to the software. The licensor further reserves the right to all rights not expressly granted to you in this license agreement. The software is licensed, not sold. The licensor does not grant the licensee any rights to the licensor’s brands or service brands.

Consent to data use
The licensee consents to the entitlement on the part of the licensor and its affiliated companies to collect and use technical data that are gleaned as part of the product support services made available to you, where applicable, in relation to the software. The licensor is entitled to use such information exclusively to improve its products or to make available user-defined services or technologies to the licensee, and undertakes to disclose such information exclusively in an anonymous form.

Additional software/services
This license agreement applies to updates, supplementary information, add-on components or components of internet-based services of the software that the licensor may provide or make available to the licensee after the licensee has acquired the original copy of the software unless separate conditions are enclosed with these.
The licensor reserves the right to discontinue internet-based services that are provided to you or are made available to you by way of using the software.

4 Termination
Irrespective of other rights, the licensor is entitled to terminate this agreement if the licensee violates the provisions of this agreement. In such a case, the licensee undertakes to immediately destroy all copies of the software and all its components.

5 No guarantee
The utilisation rights to this software are granted to the licensee free of charge. Therefore, neither a sales law nor other warranty law applies provided this is legally permissible. The licensee accepts this programme in the form in which it currently exists.
Unless otherwise confirmed in writing, the licensor and/or third parties make available the programme as seen without any kind of warranty / guarantee as regards it being fault free, neither expressly nor implicitly, including but not limited to market readiness, use for a certain purpose, availability or reliability and the fact that it is virus free. HolmeZ SoftSolutions Pte. Ltd. excludes obligations or guarantees, provided this is legally permissible, in relation to the software and guarantees resulting from the use of the software. Any kind of warranty or guarantee regarding ownership, uninterrupted use, uninterrupted ownership, correspondence with the description or the lack of violation of third party rights in relation to the software are excluded.
The licensee runs the full risk regarding quality and performance of the programme. Should the programme prove to be faulty, the cost of the required servicing, repair or correction shall be borne by the licensee.

6 Exemption from liability
Any liability for the software is excluded in view of the fact that the software is made available to the licensee free of charge.
Under no circumstances shall the licensor and/or any third party that has modified or distributed the programme be liable to the licensee for any damage whatsoever, including any general or special damage, damage caused by side effects or consequential damage resulting from the use of the programme or the non-usability of the programme (including – not limited to – data loss, faulty processing of data, losses that you or others are required to rectify or the inability of the programme to interact with any other programmes) even if the licensor and/or third parties have been informed of the possibility of such damage, apart from cases in which valid law specifies such liability or such liability has been assured in writing.

7 Contractual amendments
These conditions of use apply as stated in the respective, valid version published on the licensor’s website.

8 Final provisions
Additions to this contract, including this clause, is subject to the written form. In the event that a provision of this contract is or becomes invalid or impracticable, this shall not affect the legal validity of the other provisions. Where possible, the invalid or impracticable provision is to be replaced by a permissible provision which in economic terms comes closest to the invalid or impracticable provision. The law of the Republic of Singapore applies to this contract. The licensor’s principal place of business is deemed the place of jurisdiction. All matters regarding the validity, interpretation and execution of contractual content are to be clarified at the licensor’s place of jurisdiction in the Republic of Singapore.

Status: February 2015