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Download Agreement

Download Agreement

NOTICE SPECIFIC TO SOFTWARE DOWNLOADS AVAILABLE ON THIS WEB SITE ACCESSIBLE TO YOU: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING ANY SOFTWARE PRODUCT(S) OVER THE WEB. BY DOWNLOADING ANY SOFTWARE, YOU EXPRESSLY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS DOWNLOAD AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS DOWNLOAD AGREEMENT, YOU MAY NOT DOWNLOAD ANY SOFTWARE PRODUCT OFF OF, OR FROM, THIS WEB SITE. HOOD MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT AT THIS WEB SITE. Any software that is made available to download from this web site ("Software") is the copyrighted work of HOOD (its affiliated companies and/or its suppliers) or is the copyrighted work of the third party posting the Software at this web site. This Download Agreement does not grant you a license to use the Software. Any and all use of the Software is governed exclusively by the terms of the Software License Agreement which accompanies the Software or is otherwise provided to you online, electronically (via this web site) prior to downloading the applicable Software (singularly and collectively referred to as "SLA"). The Software is made available for downloading solely for exclusive use by you personally in accordance with the terms and conditions of the SLA. In the event that you do not agree with the terms of the SLA, then: (i) for Software with an SLA embedded in the Software, you must immediately delete all copies (whole and partial) of the Software from your computer system and back-up system(s); and (ii) for Software with its SLA provided to you on-line electronically (via this web site), refrain from downloading the Software. Any use, reproduction, or distribution of the Software not in accordance with the SLA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. You agree to indemnify, defend and hold HOOD (its affiliates companies and suppliers) harmless from any demand, claim, or loss arising out of your material breach of this Download Agreement.

The original of this Agreement is written in English. Place of performance is Munich, Germany. If the user is merchant according to the German Book of Trade Law (Handelsgesetzbuch), a legal entity of public law or legal special funds, it is agreed that any legal actions arising from this or in connection with this agreement will be settled at combit's address of record. This also applies if the user does not have a general place of jurisdiction in Germany or if his place of residence or usual abode is unknown at the time the proceedings are brought forth. This contract is subject to the laws of the Federal Republic of Germany. The UN Sales Laws are excluded. Your ability to download Software shall terminate immediately in the event that any applicable law or regulation is enacted which invalidates any provision of this Agreement, or which prohibits or restricts on-line commerce or Software access such as contemplated hereunder. I have read and understand this Software Download Agreement and with the download of this software I expressly agree with, accept, and consent to, the terms and conditions of this Software Download Agreement. Furthermore, I hereby waive any claim or right that I may have to assert that my electronic acceptance herewith is not the equivalent of, or deemed as, a valid signature to this Software Download Agreement.