End user license agreement

This software end user license agreement (“EULA”) is a legal agreement between you (either an individual or, if purchased or acquired by or for an entity, an entity) and Aeolus Aero GmbH. It provides a license to use this software and contains warranty information and liability disclaimers. By downloading, installing or using the software you are indicating your assent to the terms of this license. If you do not agree to all of the following terms, do not download or install the software, discontinue its use immediately and destroy all copies in your possession.

1. DEFINITIONS

a) “Software” means the executable code of Aeolus, additional tools, libraries, source files, data files, any updates or error corrections provided by Aeolus Aero GmbH, any user manuals, guides, printed materials, on-line or electronic documentation.
b) “License File” means a data file issued to you by Aeolus Aero GmbH to activate and use the Software.
c) “Registrant” means the individual that registered with Aeolus Aero GmbH to acquire the Software license.

2. LICENSE GRANTS

2.1 Freeware Features License. Aeolus Aero GmbH grants you a license to use the Freeware Features of the Software for an unlimited period of time. They may be used both in commercial and non-commercial purpose.
2.2 Trial Period License. You may download and use the Software for free for a limited period of time (“Trial Period”). During the Trial Period, Aeolus Aero GmbH grants You a limited, non-exclusive, non-transferable, non-renewable license to copy and use the Software for evaluation purposes only and not for any commercial use. The evaluation copy of the Software contains a feature that will automatically disable the Software at the end of Trial Period. Aeolus Aero GmbH will have no liability to you if this feature disables the Software.
2.3 License after Trial Period. This Software is licensed, not sold. Upon your payment of the license fee, Aeolus Aero GmbH provides you with a License File and grants you a non-exclusive, non-transferable license to use the Software and all of its features for non-commercial and commercial purposes.

3. LICENSE RESTRICTIONS

3.1 You shall undertake any necessary steps to protect the License File against unauthorized use.
3.2 You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
3.3 You may not sell, rent, lease, sub license, transfer, resell for profit or otherwise distribute the Software or any part thereof.
3.4 You may not modify the Software or create derivative works based upon the Software.
3.5 You may not remove or obscure any copyright and trademark notices relating to the Software.

4. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

4.1 This Agreement gives you limited rights to use the Software. Aeolus Aero GmbH retains all rights, title and interest in and to the Software and all copies thereof, including copyrights, patents, trade secret rights, trademarks and other intellectual property rights. All rights not specifically granted in this Agreement, including International Copyrights, are reserved by Aeolus Aero GmbH. The structure, organization and code of the Software are valuable trade secrets and confidential information of Aeolus Aero GmbH.

5. LIMITATION OF LIABILITY

5.1 Aeolus Aero GmbH’s cumulative liability to You or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Aeolus Aero GmbH for use of the Software.

6. PATENT AND COPYRIGHT INDEMNITY

6.1 Aeolus Aero GmbH represents and warrants that the Software shall not infringe or misappropriate any copyrights, patents, trade secret rights, trademarks and other intellectual property rights.
6.2 In the event the Software is found to infringe, Aeolus Aero GmbH will have the option, at its expense, to
a) modify the Software to cause it to become non-infringing;
b) substitute the Software with other Software reasonably suitable to You, or
c) 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.
6.3 Aeolus Aero GmbH will have no liability for any claim of infringement based on
a) code contained within the Software which was not created by Aeolus Aero GmbH;
b) use of a superseded or altered release of the Software, except for such alteration(s) or modification(s) which have been made by Aeolus Aero GmbH or under Aeolus Aero GmbH’s direction, if such infringement would
have been avoided by the use of a current, unaltered release of the Software that Aeolus Aero GmbH provides to You, or
c) the combination, operation, or use of any Software furnished under this Agreement with programs or data not furnished by Aeolus Aero GmbH if such infringement would have been avoided by the use of the Software without such programs or data.

7. LIMITED WARRANTIES

7.1 the software is provided on an “as is” basis. Aeolus Aero GmbH makes no warranty of any kind, express or implied, including without limitation any implied warranty or merchantability or fitness for a particular purpose. Without limitation, you assume sole responsibility for selecting the software to achieve your intended results and for the installation, use and results obtained from the software. Aeolus Aero GmbH makes no warranty that the software will be error free or free from interruptions or other failures. In particular, the software is not designed for use in hazardous environments requiring fail-safe performance. Aeolus Aero GmbH expressly disclaims any warranty of fitness for high-risk activities.
7.2 Aeolus Aero GmbH warrants that it holds the proper rights allowing it to license the Software and is not currently aware of any actions that may affect its rights to do so.
7.3 Aeolus Aero GmbH cannot guarantee that the Software will work at all times. If you change your operating system, the software may not work anymore.
7.4 You should make sure that it is legal to use the Software in your country or jurisdiction. Aeolus Aero GmbH only provides a license for you to use the software. It is your responsibility to make sure that you are allowed to use the Software.
7.5 Aeolus Aero GmbH reserves the right at any time to alter the prices, features, capabilities, and licensing terms.

8. SUPPORT

8.1 If Aeolus Aero GmbH discontinues any version of the Software, Aeolus Aero GmbH reserves the right to limit or cease product support and updates for such discontinued version.

9. SEVERABILITY

9.1 If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected.

10. GOVERNING LAW

10.1 This Agreement is to be governed by and construed in accordance with the laws and jurisdiction of the defending party.

11. TERMINATION

11.1 Your license to use the Software continues until terminated. This license will terminate automatically if you fail to comply with any term hereof. No notice shall be required from Aeolus Aero GmbH to affect such termination. You may also terminate this Agreement at any time by notifying Aeolus Aero GmbH in writing of termination. On termination, you must destroy all copies of the Software. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.