License Agreement for AC.log Pro
Important! Read carefully: this is a legal agreement. By downloading, installing, copying, saving on your computer, or otherwise using this software, you (as defined below) are becoming a party to this agreement and you are consenting to be bound by all the terms and conditions of this agreement.
If you do not agree to the terms and conditions of this agreement, then you should not download or install the software, you should not use the software, and if you already downloaded or installed the software you should remove the software from your system and destroy all copies.
Upon Your acceptance of this License Agreement (the "Agreement"), Christian Treber grants to You a non-exclusive and non-transferable license to use the Software, provided that You agree to the following:
"Christian Treber" means Christian Treber Beratung für Neue Informationstechnologien, a German company with its principal offices located at Oestricher Str. 8, 65232 Taunusstein, Germany.
"You" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this Agreement. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
"Software" means the binary code of AC.log Pro with its Configurations files and Documentation.
Grant of License
The Software is the property of Christian Treber. The Software is licensed, not sold. Title and copyrights to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Christian Treber.
The Software is protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in the Software are the valuable and confidential trade secrets of Christian Treber and its suppliers and are protected by intellectual property laws and treaties. You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws.
Your acceptance of this Agreement gives You certain obligations and limited rights to use the Software as set forth in this Agreement.
(i) save and use the number of copies of the Software for which the corresponding fee has been paid.
(ii) make one copy of the Software for archival purposes;
You may not:
(iii) sell, redistribute, encumber, give, lend, rent, lease, sublicense, or otherwise transfer the Software, or any portions of the Software, to anyone without the prior written consent of Christian Treber.
(iv) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
(v) install and run the Software from a network server, or use the Software on different computers, unless the user on all computers is the same.
For exceptions or modifications to this Agreement, please contact Christian Treber.
Restricted Use of the Evaluation Version
You have a nonexclusive, nontransferable license to load and execute the unregistered and functionally limited copy of Software for evaluation.
The unregistered copy of Software may be used for evaluation and testing purposes only and not for general commercial use. Customer must pay a license fee for the Software to obtain the right to use the Software for general commercial use and(or) functionally unlimited.
The unregistered copy of Software contains a feature that will automatically disable the Software in twenty one (21) or more days after sending the evaluation key to you. If you agree to this License Agreement and pay the license fee, Christian Treber will deactivate this feature. Christian Treber will have no liability to you if the Software is disabled by this feature. You may not disable, destroy, or remove this feature of the Software, and any attempt to do so will terminate your license and rights under this Agreement.
Patent and Copyright Indemnity
Christian Treber will defend and indemnify You for all costs (including reasonable attorneys fees) arising from a claim that Software furnished and used within the scope of this Agreement infringes a U.S. copyright or U.S. patent provided that (i) You notify Christian Treber in writing within 30 days of the claim, (ii) Christian Treber has sole control of the defense and all related settlement negotiations, and (iii) You provide Christian Treber with the assistance, information, and authority necessary to perform the above.
Christian Treber will have no liability for any claim of infringement based on (i) code contained within the Software which was not created by Christian Treber (ii) use of a superseded or altered release of the Software, except for such alteration(s) or modification(s) which have been made by Christian Treber or under Christian Treber's direction, if such infringement would have been avoided by the use of a current, unaltered release of the Software that Christian Treber provides to You, or (iii) the combination, operation, or use of any Software furnished under this Agreement with programs or data not furnished by Christian Treber if such infringement would have been avoided by the use of the Software without such programs or data.
In the event the Software is held or believed by Christian Treber to infringe, or Your use of the Software is enjoined, Christian Treber will have the option, at its expense, to (i) modify the Software to cause it to become non-infringing, (ii) obtain for You a license to continue using the Software, (iii) substitute the Software with other Software reasonably suitable to You, or (iv) if none of the foregoing remedies are commercially feasible, terminate the license for the infringing Software and refund any license fees paid for the Software, prorated over a three-year term from the effective date of the Agreement. This Section states Christian Treber's entire liability for infringement.
If You have paid a license fee for the Software, then for a period of thirty (30) days from the date of receipt of the Software, Christian Treber warrants the Software against any defects resulting from the electronic transmission process, and any Software media supplied by Christian Treber will be free from defects in materials and workmanship.
Christian Treber's, and its suppliers' and resellers', entire liability and Your exclusive remedy shall be, at Christian Treber's option, either (i) return of the price paid, or (ii) repair or replacement of the Software that does not meet Christian Treber' Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for an additional thirty (30) days. Outside the United States, neither these remedies nor any product support services offered by Christian Treber are available without proof of purchase from an authorized international source.
Except for the foregoing, the software is delivered to you "as is" and Christian Treber makes no warranty as to its use or performance. To the maximum extent permitted by applicable law, Christian Treber, and its 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 the software, and the provision of or failure to provide support services. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.
Disclaimer of Damages
Regardless of whether any remedy set forth herein fails of its essential purpose, in no event shall Christian Treber or its suppliers or resellers be liable to you under any theory for any damages suffered by you or any user of the software, or for any special, incidental, indirect, consequential, or similar damages (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use the software, or the provision of or failure to provide support services, even if Christian Treber has been advised of the possibility of such damages, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
In any case, Christian Treber' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the software. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
U.S. Government Restricted Rights
This Software is provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, and successor thereof, as applicable. Manufacturer is Christian Treber Beratung für Neue Informationstechnologien, Oestricher Str. 8, 65232 Taunusstein, Germany.
If You fail to comply with the terms and conditions of this Agreement, Christian Treber may terminate this Agreement and Your right and license to use the Software. You may terminate this Agreement at any time by notifying Christian Treber. Upon the termination of this Agreement, You must delete the Software from Your computer and archives.
You agree that upon termination of this agreement for any reason, Christian Treber may take actions so that the software no longer operates.
You agree to be identified as a customer of Christian Treber and You agree that Christian Treber may refer to You by name, trade name and trademark, if applicable, and may briefly describe Your business in Christian Treber' marketing materials and web site. You hereby grant Christian Treber a license to use Your name and any of Your trade names and trademarks solely in connection with the rights granted to Christian Treber pursuant to this marketing section.
Christian Treber reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
You agree to abide by the third-party agreements attached hereto. This Agreement, including the third-party agreements, constitutes the entire agreement between the parties concerning Your use of the Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to the Software. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both You and Christian Treber.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination.
This Agreement will be governed by the laws of Germany, without reference to conflict of laws principles. You agree that any litigation relating to this Agreement may only be brought in, and shall be subject to the jurisdiction of, any Court of Germany.
Titles are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either Christian Treber or You may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and assigns.
If You have any questions, please contact Christian Treber, Oestricher Str. 8, 65232 Taunusstein, Germany (firstname.lastname@example.org).
I've read and understood the license agreement, agree with it, and now finally want to download AC.log Pro!
Please note you need a license to run the software. This can either be a trial license (included in your evaluation download pack; see section "Try") or a full license (see section "Buy").
Need a (new) trial license? The download pack includes a trial license that is good for at least a month. If your initial trial license has expired and you need some more time, you can obtain another trial license for free by registering your name and email address.
Privacy statement. Your email address will NOT be used for any purpose other then informing you about updates of AC.log Pro. In particular your address will NOT be given to any third parties. You can unregister at any time by replying with "unsubscribe" in the subject line.
Buy the full license. A full, unlimited license can be purchased through the ShareIt shareware service for US$301 (Early Access: US$251). A full license gives you free life time upgrades on future versions of the product.
What's the catch? The program will have some minor limitations, and it might not handle all situations gracefully. But since you are entitled to life time upgrades, you'll later have the same stable version that everybody else has - plus $5 more in your pocket.
1 Depending on where you live, value added tax may be added to your total.