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Total Engineer Community Edition License Agreement This License Agreement is a legal agreement between you (the USER), a single entity, such as a company or organization, and Total Engineering Solutions, Pawel Kowalski (the COMPANY) for the accompanying software (Total Engineer) and associated documentation (collectively, the PRODUCT). You assume full responsibility for the selection of the PRODUCT to achieve your intended results and for the installation, use and results obtained from the PRODUCT. By installing or using this software you agree to be bound by the terms of this License. THE COMPANY LICENSES THE PRODUCT TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. If you do not agree to all of the terms of this License Agreement you must remove all copies of the PRODUCT and parts of it, along with any installation devices, from your computer, and you may not retain any parts or copies for your own use. 1. The PRODUCT is licensed, not sold. The PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You must not allow copies of the PRODUCT or any part of it to be made or distributed to anyone else. You may make backup copies of the PRODUCT for archival purposes for your own use only, under the terms stated in this License Agreement. Some portions of this software are governed by separate license agreements. In such case please refer to the accompanying license files. 2. The COMPANY grants you a non-exclusive, non-assignable, non-transferable, non-sublicensable, royalty-free license for an unlimited period of time, in any place to use the PRODUCT only for EVALAUATION AND TEST purposes, solely for your own, non-commercial use. You may not use the PRODUCT for any other purpose. In particular, you are not allowed to use the PRODUCT or the output/information produced by the PRODUCT to control, plan, verify or in any other way to interfere with production processes and/or facilities (e.g. machine tools). You must not allow copies of the PRODUCT or any part of it to be made or distributed to anyone else. 3. The PRODUCT is licensed for use on a single computer. You may delete the PRODUCT from one computer and reinstall it on another, but you may not use the PRODUCT on more than one computer at any given time without the COMPANY´s prior written permission. 4. The installation of this software, and therefore the acceptance of this license, produces the automatic cancellation of any previous license that had been granted for any version of this product to the USER, who will be uniquely bound by the conditions in this license agreement. 5. The PRODUCT may not be rented, leased, sub-licensed, sold, or in any other manner commercially exploited without the COMPANY´s prior written permission. 6. You agree, under your own responsibility, not to decompile, attempt to modify, adapt, translate, reverse engineer, disassemble or attempt to discover the source code of the PRODUCT. Reproduction and/or redistribution of any portion of the PRODUCT is specifically prohibited without the COMPANY's prior written permission. 7. The PRODUCT is owned solely by the COMPANY, and its code, structure, and organization are the valuable trade secrets of the COMPANY. The PRODUCT is protected by German Copyright Law. The COMPANY retains all ownership and intellectual property rights in and to the PRODUCT. 8. You may terminate this License Agreement at any time by removing all copies of the PRODUCT from your computer and destroying all PRODUCT materials. This License Agreement will also terminate if you fail to comply with any of its terms or conditions. 9. You are not entitled to receiving support in relation to the PRODUCT. If the PRODUCT includes any presets (sometimes called "Patches") they are for the sole purpose of serving as an example of the programming and use of the Poduct. 10. The software product is provided as-is without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the PRODUCT remains with you. 11. THE COMPANY SHALL NOT BE LIABLE: (A) FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES OF ANY SORT WHATSOEVER, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, REVENUES, INFORMATION, OR FOR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OF THE PRODUCT OR FROM YOUR INABILITY TO USE THE PRODUCT, EVEN IF THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY CLAIM OR OTHER LIABILITY. 12. This License Agreement shall be governed by and construed in accordance with German laws. You agree in all cases to abide by the Copyright law and all other applicable laws of Germany. For the interpretation of this License Agreement, or in case of infringement of any of the above obligations, you agree to be bound by the Jurisdiction and competence of Hanover/Germany. THE USER ACKNOWLEDGES THAT HE HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THE PRODUCT, THE SOFTWARE AND/OR THE PROVIDED DOCUMENTATION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES. All trademarks are property of their respective owners. All documentation provided with the software is copyrighted material of the COMPANY, and may not be reproduced in whole or in part without the previous written authorization.
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