End User License Agreement
This End User License Agreement (“Agreement” or “EULA”) is a legal agreement between you (either an individual natural person or a legal entity) (“end user”) and axes4 GmbH CH-Zurich (“axes4”) for the use of the software program “PAC 2024” (the “Software”).
By downloading and using the Software, you acknowledge that you have read, understood, and agreed to the terms and conditions of this EULA. If you do not agree to be bound to these terms, do not download or use the Software.
1 License Grants
1.1 Provided that the end user complies with all terms and conditions of this EULA, axes4 grants to the end user a non-exclusive license without a right to sublicense which entitles them to use the Software.
2 License Restrictions
2.1 The end user has no right to sell, lend, rent or lease out the Software and/or its documentation and may not provide commercial hosting services. The end user may also not provide the Software for download on their own servers.
2.2 The end user shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent that they may be expressly permitted to decompile under applicable law.
3 Intellectual Property Rights
3.1 All rights not expressly granted to the end user in this Agreement are specifically reserved to axes4. axes4 and/or its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software, and all copies thereof. This Agreement does not grant the end user any rights concerning trademarks and copyrights of axes4.
3.2 axes4 provides the Software free of charge. The Software is considered freeware, but it is not open-source.
4 Data Privacy
4.1 The Software operates completely offline. It does not send any data to the Internet nor to the servers of axes4.
4.2 In case the end user contacts our support, axes4 is entitled to collect and use technical data relating to the Software which it obtains during support services. axes4 has the right to use this information solely to improve its products or to provide customized services or technologies to the end user.
5 Limited Warranty and Disclaimer
5.1 axes4 and its suppliers disclaim all warranties and representations, whether express implied, or otherwise, to the extent permitted by law. In particular, axes4 does not guarantee that the Software meets all requirements of the end user. axes4 does not also warrant that the Software is error-free or will operate without interruption.
5.2 Notwithstanding anything provided herein, when permitted by law axes4 shall not be liable to the end user due to ordinary negligence, nor shall be liable for lost profits, revenues, or data, financial loses or indirect, special, consequential, exemplary, or punitive damages in conjunction with the use of the Software. To the extent permitted by law, the total liability of axes4and its suppliers and distributors, for any claims under these terms in conjunction with the use of the Software, including for any implied warranties, is limited to the amount the end user paid for the Software. In all cases, axes4, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
5.3 axes4 is also not liable for any damages, which result from a failure to install updates by the end user.
6 Export restrictions
6.1 The end user acknowledges that the Software is subject to local export regulations. The end user shall comply with applicable export and import laws and regulations for the jurisdiction in which the Software will be exported or imported. The end user shall not export the Software to any individual, entity or country prohibited by applicable law or regulation. The end user is responsible, at his/her own expense, for any local government permits, licenses or approvals required for exporting or importing the Software.
7.1 Without prejudice to any other rights or remedies, axes4 is entitled without any further obligations to terminate this Agreement immediately if the end user fails to fulfil the obligations set out in this Agreement.
7.2 In case of automatic termination of this Agreement, the end user is obliged to destroy all copies of the Software and all of its component parts.
8.1 This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. The end user agrees that any varying or additional terms contained in any other written notification or document issued in relation to the Software licensed hereunder shall be of no effect.