- between HOOD GmbH, Keltenring 7, 82041 Oberhaching, Germany (referred to as "HOOD")
- and YOU.
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.
- Validity of Electronic Communications. All electronic communications made by you using certain numbers, codes, marks, signs, public keys or other means of establishing your identity which are acceptable to HOOD will be deemed to be valid and authentic. You intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering which has not been authorized by you.
- No Third Party Liability/Limitation of Liability. HOOD (its affiliated companies and/or suppliers) shall not be liable for the loss of data, information, transaction or other losses which may be due to the failure of your computer system or third party communications provider on which you may rely. HOOD makes no representations as to the existence or nonexistence of any software virus, defect or the like, or errors arising from transmission(s) which may occur from the downloading of the Software off of the web site over third party telecommunications lines. IN NO EVENT SHALL HOOD, ITS AFFILIATED COMPANIES AND/OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, RESULTING FROM LOSS OF OR USE OF DATA, OR PROFITS, REGARDLESS OF THE CLAIM OR FORM OF CLAIM, WHETHER IN CONTRACTS, TORTS OR NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THE DOWNLOADING OF THE SOFTWARE, POSSESSION, USE OR PERFORMANCE OF THE SOFTWARE, DOCUMENTATION, INFORMATION RECEIVED FROM THIS WEB SITE, OR THEPROVISION OF, OR OMISSION OF SERVICES OR INFORMATION AVAILABLE FROM HOOD PURSUANT TO THIS DOWNLOAD AGREEMENT AND THIS WEB SITE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may partially or in whole not apply to you.
- Changes/Interruptions in Service. HOOD may, on a regular basis, perform maintenance on its equipment and system which may result in interrupted service. HOOD will attempt to provide prior notice of such interruption and changes but cannot guarantee that such notice will be provided.
- No Warranties. The Software is provided "AS IS". The Software is warranted, if at all, only in accordance with the terms and conditions of the SLA. EXCEPT AS EXPRESSLY WARRANTED IN THE SLA, HOOD (ITS AFFILIATES COMPANIES AND SUPPLIERS) MAKES NO WARRANTY, REPRESENTATION, PROMISE OR GUARANTEE, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, OR RELATED TECHNICAL SUPPORT, AND HOOD EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, OF ANY NATURE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- Security. In order to maintain secure communications and reduce fraud, you agree to protect the security of your numbers, codes, marks, signs, public keys or other means of identification. HOOD shall not be liable for any of your losses or damage which results from your failure to secure your means of identification.
- Termination; Entire Agreement. Violation of this Agreement may result in the immediate termination of your rights to download Software from this web site. In addition, this Agreement and your right to download Software from this web site may be terminated at any time for any reason without notice by HOOD. If any provision of this Agreement is unenforceable at law, the rest of the provisions shall remain in effect. No amendment or modification to this Agreement shall be effective unless expressly agreed to, in writing by HOOD. This Agreement may not be assigned by you without the express, prior written consent of HOOD. This Agreement is the complete and exclusive agreement regarding your on-line Software download and replaces any prior oral or written communications between you and HOOD.
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.