End User License Agreement

Version: 13.01.2023

Please read this software license agreement carefully, before using Audectra Software. By installing or using Audectra Software, you are agreeing to be bound by the terms of this Agreement. If you do not agree to this Agreement, you are not allowed to install or use any Audectra Software.

1) Definitions

Agreement shall mean this document including its appendices.
Audectra shall mean Audectra e.U., proprietor Dipl.-Ing. Phillip Djurdjevic
Licensee shall mean the contracting party to the Agreement.
License shall mean the license granted to Licensee by Audectra through this Agreement.
Software shall mean the software, to which the Licensee is granted usage rights through this Agreement.
Delivery Date shall mean the date that Licensee is invoiced by Audectra for the applicable Software.
Activation Date shall mean the date that Licensee activates the applicable Software.
License Duration shall mean the duration for which a License is valid after Delivery Date.
Expiration Date shall mean the Delivery Date plus the License Duration.
Party shall mean Licensee and Audectra individually.
Parties shall mean Licensee and Audectra jointly.
Third Party shall mean any other party than the Party.
Non-Commercial Use shall mean personal/private or non-profit use.
Commercial Use, opposing Non-Commercial Use, shall mean any use for business or for-profit purposes, including, but not limited to, any use in combination with business or for-profit purposes.
Audectra Website shall mean the website at https://www.audectra.com
Audectra Roadmap Repository shall mean the GitHub repository at https://github.com/Audectra/Roadmap
Audectra Privacy Statement shall mean the privacy statement at https://www.audectra.com/aka/privacy-statement
Telemetry Data shall mean quantitative and qualitative data, information about operating system, product logs and performance indicators.

2) Copyright

The Software is the property of Audectra and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

3) Grant of License

When entering into this License Agreement, the Licensee must choose between three different license models. Each model grants Licensee a specific set of usage-rights to the Software, as described in the following sections 3.1 – 3.3. Depending on the type of license purchased or obtained, section 3.1, 3.2 or 3.3 below shall apply. Section 3.4 is applicable for all previously mentioned license models and shall hence apply regardless of the chosen license type.

3.1) Trial License

Subject to the terms and conditions specified in this Agreement, a Trial License grants Licensee a non-exclusive and non-transferable right to install and utilize the Software on Licensees own machine, for Non-Commercial and Commercial Use.
Trial License Activations are limited to once per machine.
Trial Licenses will expire 14 days after Activation Date.

3.2) Personal License

Subject to the terms and conditions specified in this Agreement, a Personal License grants Licensee a non-exclusive and non-transferable right to install and utilize the Software on Licensee’s own machine, for Non-Commercial Use only.

3.3) Business License

Subject to the terms and conditions specified in this Agreement, a Business License grants Licensee a non-exclusive and non-transferable right to install and utilize the Software on Licensee’s own machine, for Commercial Use.

3.4) General Grants and Limitation

Once activated, the License is bound to Licensees own machine and cannot be transferred to another machine.
Licensee may ask for support or request new features in accordance with section 6.
Licensee may update the Software in accordance with section 6 and transfer a valid License to the updated version.
All obtained Licenses will expire after their corresponding Expiration Date.
Audectra reserves all rights not expressly granted to Licensee in this Agreement. Without limiting the generality of the foregoing, Licensee acknowledges and agrees that: (i) except as specifically set forth in this Agreement, Audectra retains all right, title, interest in and to the Software, and Licensee does not acquire any right, title, or interest to the Software except as set forth herein, (ii) any configuration or deployment of the Software shall not affect or diminish Audectras rights, title and interest in and to the Software. Except as stated in the foregoing subsection, nothing in this Agreement shall limit in any way Audectras right to develop, use, license, create derivative works of, or otherwise exploit the Software, or to permit any Third Party to do so.
Licensee and its Affiliates are under no circumstances allowed to transfer, rent, lease, lend, sell, copy, redistribute, sub-license the Software by itself, or with other software, or in any other way make the Software available, to any Third Party. Any attempt to do so is considered a breach of this Agreement.

4) License Fee

In consideration of the License(s) granted to Licensee under this Agreement, the Licensee shall pay a License Fee. Audectra shall invoice Licensee for all payments due, and Licensee shall pay all invoices by the agreed payment method.

5) Term and Termination

The License granted under this Agreement gives Licensee a temporal right to use the Software in accordance with section 3 until the License expires. Either Party may terminate this Agreement in the event of a material breach of this Agreement by the other Party. On termination of this agreement section 2, 8, 9, 10 and 11 shall survive.

6) Maintenance and Support

6.1 Support and Feature Requests

Like stated in section 3.4, Licensee may ask for support or request new features via Issues within Audectra Roadmap Repository. Audectra may, but is not obligated to, consider such feature requests for implementation within future versions of Audectra Software.

6.2 Software Updates

In accordance with section 3, Licensee may update the Software to an updated version if Licensee agrees to the Software License Agreement at the time of update.

6.3 Early Access

For the usage of versions of Audectra Software, that are released as Early Access, Licensee acknowledges and agrees, in contrast to section 7, that during development features and content included are subject to change without prior notice, and that the final version of Audectra Software may not include major features and content included in earlier Early Access releases. Additionally, Licensee acknowledges, that Early Access versions auf Audectra Software may contain unpleasant bugs or even crashes and thus are not recommended for production use.

7) Warranties and Representation

Audectras warranties and representations in this section are limited to the Software provided to the Licensee under this Agreement. However, warranties and representations shall under no circumstances be deemed to cover any third-party libraries, which are provided alongside the applicable Software.

Audectra warrants and represents that:

For a period of ninety (90) days following Delivery Date of the Software (the “Warranty Period”), Audectra warrants that the Software will perform substantially in accordance with Audectras written specifications if it has been used in accordance with all documentation and specifications made available on Audectra Website.
Audectra will perform its obligations under this Agreement in accordance with all applicable laws and regulations.
Audectra has the full and unconditional ownership of the Software.
This Agreement does not infringe intellectual property rights of any Third Party.
Audectra has not intentionally placed and will use its best efforts to avoid the placement of any Harmful Code into the Software provided under this Agreement. For this section, “Harmful Code” is defined as any program that infects, damages and/or impairs another program or data, disables hardware or software, or permits or assists in the breach of data.

In the event of breach, or alleged breach of any of the warranties in this section, Licensee shall promptly notify and return the Software to Audectra at Licensees own expense. Licensees sole remedy in such an event shall be that Audectra shall correct the Software so that it operates according to the warranties set out in this section. The warranties shall not apply, if Licensee has modified, or used the Software improperly, or on an operating environment not approved by Audectra. Licensee is not entitled to any damages, including, but not limited to, consequential damages, if the Software does not meet the limited warranties.

8) Limitation and Liability

All Software, maintenance and support services supplied by Audectra are provided ‘as is’ and may have errors and omissions. Thus, remedies are only available to the Licensee according to section 7.

Under no circumstances, and even if informed thereof by Licensee or any other party, shall Audectra be liable for (i) loss of, or damage to, data, (ii) special, incidental, consequential or indirect damages, (iii) lost profits, business, revenue, goodwill, or anticipated savings.

In all events, either Party’s liability for damages to the other Party for any cause whatsoever related to this Agreement, shall be limited to the License Fees paid or due by Licensee for a twelve (12) month period under this Agreement.

9) Applicable Law and Legal Venue

This Agreement shall be governed by and construed in accordance with the laws of Austria.

Any dispute, controversy or claim arising out of, or relating this Agreement, or the breach, termination, or invalidity thereof, the Parties shall seek to solve amicably through negotiations. If the Parties do not reach an amicable solution within two weeks, any dispute, controversy, or claim shall be finally settled by the regular courts of Austria. Both Parties agree to and accept any district court of Vienna as legal venue.

10) Telemetry

In subject to Audectra Privacy Statement, Licensee hereby consents and grants to Audectra a license to collect and use Telemetry Data generated by Licensees use of Audectra Software.

Audectra may use collected telemetry data to assess the severity and impact of crashes or other issues, including performance, of Audectra Software.

Licensee may reduce the collection of Telemetry Data to crash reports of Audectra Software by adjusting the corresponding telemetry setting within the application settings of Audectra Software.

11) Third Party Libraries

Audectra uses free, open source or other third-party libraries or components in its Software.

CommandLineParser

The MIT License (MIT)

Permission is hereby granted, free of charge, to any person obtaining a copy

of this software and associated documentation files (the “Software”), to deal

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Flee

GNU LESSER GENERAL PUBLIC LICENSE

Version 3, 29 June 2007

Everyone is permitted to copy and distribute verbatim copies

of this license document, but changing it is not allowed.

This version of the GNU Lesser General Public License incorporates

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License, supplemented by the additional permissions listed below.

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The Free Software Foundation may publish revised and/or new versions

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Google Protobuf

Redistribution and use in source and binary forms, with or without

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THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS

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Code generated by the Protocol Buffer compiler is owned by the owner

of the input file used when generating it. This code is not

standalone and requires a support library to be linked with it. This

support library is itself covered by the above license.

gRPC

Apache License

Version 2.0, January 2004

http://www.apache.org/licenses/

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MathNet.Numerics

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MediatR