End-User License Agreement (EULA) of "Phenix" Software
This End-User License Agreement ("EULA") is a legal agreement between you and "Akkad und Haffar GbR"
This EULA agreement governs your use of our "Phenix" software which supplied directly from "Akkad und Haffar GbR" or indirectly through a "Akkad und Haffar GbR" authorized reseller or distributor.
Please read this EULA agreement carefully before completing the installation process and using the "Phenix" software. If you register for a free trial of the "Phenix" software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the "Phenix" software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement. If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement. This EULA agreement shall apply only to the Software supplied by "Akkad und Haffar GbR" herewith regardless of whether other software is referred to or described herein. The terms also apply to any "Akkad und Haffar GbR" updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
"Akkad und Haffar GbR" hereby grants you a personal, non-transferable, non-exclusive license to use the "Phenix" software on your devices in accordance with the terms of this EULA agreement. You are permitted to load the "Phenix" software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the "Phenix" software.
Rights and Limitations:
You acknowledge and agree that the Software is licensed, not sold.
You agree not to use, nor permit any third party to use, the Software in a manner that violates any applicable law, regulation or this Agreement.
You agree that you will not:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national or international law
- Use the Software for any purpose that "Akkad und Haffar GbR" considers is a breach of this EULA agreement.
- Make the Software available on any file-sharing or application hosting service.
- Separation of Components. The software is licensed as a single product. Its components may not be separated for any reasons.
- Registration: When you purchased a license from "Akkad und Haffar GbR" or through a "Akkad und Haffar GbR" authorized reseller or distributor, then you are responsible to register your license online. If your registration information is not accurate, current and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account, terminate your license and refuse any further use of the Software.
- Content: You are responsible for your content and any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. "Akkad und Haffar GbR" is not responsible for the Content or data you provide through your use of the Software.
- Backup: "Akkad und Haffar GbR" gave you all needed tools to make a scheduled or manual backup, you are responsible to make a daily backup of your data.
- Data Loss: "Akkad und Haffar GbR" are not responsible for recovering any lost data.
- Bug fixes: "Akkad und Haffar GbR" are responsible to fix any reported bugs as soon as possible, and not responsible for the bug consequences.
"Akkad und Haffar GbR" may monitor your Content. We may disclose any information necessary to satisfy our legal obligations, protect "Akkad und Haffar GbR" or its customers, or operate the Software properly.
"Akkad und Haffar GbR" will provide on-site support, available during normal business hours for a time period of 6 months. Technical support provided during the first 6 months includes only customer inquiries about “Phenix” software. It does not include the following:
- Repair errors on the client PC
- Answers related to the nature of the client's work
- Accounting inquiries
Disclaimer of Warranties
Your use of the software and content is entirely at your own risk. except as described in this agreement, the software is provided "AS IS." To the maximum extent permitted by applicable law, "Akkad und Haffar GbR", its affiliates, and its third-party providers, licensors, distributors or suppliers disclaim all warranties, express or implied, including any warranty that the software is fit for a particular purpose, title, merchantability, data loss, non-interference with or non-infringement of any intellectual property rights, or the accuracy, reliability, quality or content in or linked to the software. "Akkad und Haffar GbR" and its affiliates and suppliers do not warrant that the software is secure, free from bugs, interruption, errors.Intellectual Property and Ownership "Akkad und Haffar GbR" shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of "Akkad und Haffar GbR".
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to "Akkad und Haffar GbR". It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
If within 30 days of purchase, you are not satisfied with the Software, you may uninstall and delete all copies of the Software from your computer(s) and return it within 30 days of purchase to where you purchased from with a dated receipt for a refund of the Software price. Installation and implementation fees are not refundable in all cases.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Germany.