End User License Agreement (EULA) of Omix Visualization GmbH & Co. KG
Dated August 2014
This is the End User License Agreement (EULA) for the software program Omix and its plug-ins provided by Omix Visualization GmbH & Co. KG. Please read carefully.
BY INSTALLING AND/OR USING THE SOFTWARE, YOU ACCEPT THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT ACCEPT IT, DO NOT INSTALL AND USE THE SOFTWARE. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS AS SPECIFIED BELOW.
1. Object of Agreement
Object of this End User License Agreement is the software program Omix and the Omix plug-ins published by Omix Visualization GmbH & Co. KG - hereinafter referred to as VENDOR - and all utility programs, program libraries and program documentations regardless of the media through or on which it is distributed except parts mentioned in Section 2.
Subsequently, the totality of the licensed programs, program parts and documentations is referred to as SOFTWARE. VENDOR holds all intellectual rights, marks, titles and interests in the SOFTWARE. Full address of the VENDOR is:
The license agreement governs the service of licensing of the SOFTWARE to you, the LICENSEE. Notwithstanding that the SOFTWARE may be promoted in combination with words like "rent", "purchase", "offering" or similar expressions, the SOFTWARE is not being sold but merely licensed for the purpose of use and for the period specified. At all time, the SOFTWARE and all copies thereof remain property to VENDOR. The SOFTWARE is protected by international copyright laws, the copyright laws of Germany, and other intellectual property rights. Omix® is a registered trademark of VENDOR in Germany and other countries. All rights in and to the SOFTWARE that are not expressly granted in this Agreement are reserved by VENDOR.
2. Open Source and Third Party Components
Omix and several plug-ins use program libraries that are published under open source licenses. Omix is based on Qt, QtJambi and Antlr.
The SOFTWARE installation contains a README file containing information on how to download, compile and install the required open source libraries for the SOFTWARE. VENDOR provides the service of placing best suitable versions of these libraries in the installer bundles free of charge.
By accepting the Omix EULA you comply with third party license agreements of the mentioned components. Each plug-in specifies if additional third party licenses are applicable during its installation procedure.
Omix is optionally shipped with an embedded Java Runtime Environment (JRE). The JRE is licensed under the Oracle Binary Code License Agreement for the Java SE Platform Products and JavaFX available from http://java.com/license. By installing the JRE component, you comply with Oracle's license agreement.
3. License Conditions
VENDOR grants licenses for the purpose of using the SOFTWARE in different editions:
3.1. Light Edition License Conditions
In the following the conditions of the Light Edition license are introduced:
3.2. Enterprise Edition License Conditions
The following conditions apply if you purchased an Enterprise Edition license key for the SOFTWARE:
3.3. Academic Edition License Conditions
The following conditions apply if you purchased an Academic Edition license key for the SOFTWARE:
3.4. Educational Edition License Conditions
The following conditions apply if you purchased an Enterprise Edition license key for the SOFTWARE:
3.5. General License Conditions
The following rights and restrictions apply to all license editions:
4. Data Exchange and Security
4.1. Software Activation
The SOFTWARE requires activation by VENDOR's license server. Therefore SOFTWARE uses Internet protocols to connect VENDOR. Username and password of your customer account are required for activation. In order to prevent pirate copy, the SOFTWARE activation is hardware signature dependent.
Activating the SOFTWARE consumes an activation ticket. The number of activation tickets available in the license is defined in section 3. Once, the SOFTWARE is activated on a computer, the hardware signature of the computer is registered and cannot be unregistered at VENDOR's license server.
Some changes to computer components may require re-activation of the SOFTWARE which will consume another activation ticket. Reactivation of the SOFTWARE on an already registered computer with unchanged hardware signature will not consume an activation ticket. You take notice, that the number of activation tickets included in the license agreement is granted for the purpose of reactivation in the event of hardware changes. After expiring the maximum number of activations, there is no claim for further activation tickets within this agreement.
During activation, the SOFTWARE will send information about the SOFTWARE to VENDOR. This includes your username and password, the software version, the language code currently used in the SOFTWARE and a hash of your computer's hardware signature. The hash code of the hardware signature does not contain any personal information. It is persistently stored in databases in combination with your username. By complying with the License Agreement, you entitle VENDOR to collect and store these hashed hardware signatures.
During request for updates and request for plug-ins as well as plug-in installation, the SOFTWARE sends information to VENDOR that is required to make these functions available to you. This information includes your username and password, the license ID and license edition, the software version, the type of operation system and processor architecture of the computer and the language code used in the SOFTWARE.
In no situation, the SOFTWARE will send any personal data, usage data or any files created or used in combination with the SOFTWARE to the VENDOR except when explicitly and individually granted by the end user.
All communication between the SOFTWARE and the VENDOR's web services is protected by cryptography (AES, RSA, SHA-2). Furthermore, cryptography is applied when end users protect documents by password. By complying with this End User License Agreement, you explicitly declare to follow local laws related to cryptography in the country where you are using the SOFTWARE, if any. You confirm that it is legal to import cryptography-using software from Germany into your country and you release VENDOR from any claims arising from thereof.
This Agreement does not include further services like installation, maintenance or support. Such services require an additional agreement between you and VENDOR.
6. Limitation of Warrantee and Liability
Omix Visualization GmbH & Co. KG ensures that the products are usable in terms of the corresponding product descriptions and perform accordingly. During the complete license period Omix Visualization GmbH & Co. KG gives warranty of merchantability of the licensed products according to the product descriptions to you.
You are obliged to support Omix Visualization GmbH & Co. KG in identifying and removing possible deficiencies and to provide auxiliary information or to make them available by request. Omix Visualization GmbH & Co. KG is entitled to bypass an error, if this error can only be eliminated at inadequate expenses and the usage of the software is not affected considerably. If a defect is discovered, Omix Visualization GmbH & Co. KG will either improve the software within a reasonable period of time or provide an error-free software version at our own discretion. If Omix Visualization GmbH & Co. KG is not successful in providing an improved or error-free software version within a reasonable time period, you are entitled to select reduction of the license price or to withdraw from the contract. Other claims, particularly those for indemnification of any further damage, are excluded. Omix Visualization GmbH & Co. KG is liable for damages arising from injury to life, body or health in accordance with the statutory provisions. Subject to the next sentence, Omix Visualization GmbH & Co. KG is only liable for other damages if they arise from wilful intent or gross negligence. For other damages that arise from any violation of obligations essential to the contract as a result of simple negligence, Omix Visualization GmbH & Co. KG is also liable. However, liability in case of simple negligence is limited to damage foreseeable at the time of contract violation. Any liability in accordance with provisions set out in the German Product Liability Act remain unaffected by the above terms.
You are obliged to use provided updates, patches and/or service packs for the software. You are furthermore committed to back up your data before installing the software as well as thereafter in adequate intervals, especially before changing hardware and/or software configuration of the target computer. Insofar as you are partially responsible for damages through violation of contractual duty, through change to the software performed by you or a third, or through improper use or misuse of the software, any liability of Omix Visualization GmbH & Co. KG is excluded. Omix Visualization GmbH & Co. KG does not take over guarantee for choice, installation and use and therewith intended outcome of the software. Additional expenses during procedure, by moving of the contractual software and/or product to another location are to be beard by you.
7.1. Applicable Law and Jurisdiction
This Agreement shall be governed by the law of the Federal Republic of Germany. The place of jurisdiction is Lennestadt, Germany. VENDOR also reserves the right to start legal action at the court of jurisdiction at your legal business domicile or place or residence.
The parties agree that the United Nations Convention for the International Sale of Goods shall not apply in any way to this Agreement and the services contemplated herein.
The Parties will settle all differences in connection with this Agreement including its legal validity and effectiveness after termination on a partnership basis.
7.2. Modifications, Transferability
Any modifications and amendments to this Agreement shall be made in writing.
The LICENSEE can only transfer rights and obligations arising out of this Agreement to third parties only with written consent of the VENDOR.
7.3. Terms of Agreement
This Agreement shall come into force upon electronic acceptance of the Agreement by you. The Agreement automatically terminate at the end of the license period as defined in Section 3.
If the SOFTWARE is licensed to you as "Light Edition", the Agreement can be terminated in between by VENDOR for good cause. If the SOFTWARE is licensed to you as "Enterprise Edition", "Academic Edition" or "Educational Edition", VENDOR can immediately terminate the Agreement in case of misconduct and/or failure to comply with any terms of this Agreement or in case of delayed payment. An exceptional right of termination granted to the LICENSEE is defined in Section 6.
In the event of termination of this End User License Agreement LICENSEE is obliged to remove the SOFTWARE from all data processing systems installed. If not agreed otherwise between the parties, LICENSEE shall comply with this obligation by deleting the installed computer program(s) and backup copies from all data storage media and confirm this to VENDOR in writing. Section 7.1 is still applicable after termination of this Agreement.
7.4. Severability Clause
Should any provision of this Agreement be ineffective or void, this shall not affect the validity of the other contractual provisions. Such invalid provision should rather be replaced by a valid provision as close as possible to the invalid provision.
Copyright © 2014 Omix Visualization GmbH & Co. KG. All rights reserved.
Appendix A: ANTLR License