To finalize registration please carefully read the terms and conditions of this License Agreement before clicking on the "Accept" button. By clicking on the “Accept” button and by further extracting and executing the program, you, on behalf of yourself and your company or institution (“Customer”), are agreeing to the terms and conditions of this License Agreement (“Agreement”) and Novasign GmbH (“Novasign”) will authorize Users, as defined hereunder, to use the “Hybrid model Toolbox” Software (“Software”). You represent and warrant that you are at least eighteen (18) years of age and that you have full authority to bind Customer to these terms. If you do not wish to accept the terms of the Agreement, do not click the “Accept” checkbox.
§1. Grant of Licence:
1.1 Scope of Licence: Subject to the terms of this End-user license agreement (EULA), Novasign grants the Customer a non-exclusive license to possess and to use a copy of the Software.
1.2 Installation and use: The Customer may install and use an unlimited number of copies of the Software and make multiple back-up copies of the Software solely for the Customers’ business and personal use.
§2. Description of Rights and Limitations:
2.1 Restriction of Use: The Customer shall use the Software directly in accordance with the terms of the related agreement and shall not (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Software; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Software; (c) violate any applicable law, rules or regulations in connection with the Customers access or use of the Software; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of company or its affiliate, partners, suppliers or the licensors of the Software; (e) use the Software for creating a product or a service that is, directly or indirectly, competitive with the Novasign Software in any way a substitute for any services, product or Software offered. However, if the Customer desires to use the software for their consulting business Novasign offers special solutions. The stated restrictions are limited only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
2.2 Disclaimer of Warranties: The Customer acknowledges and agrees that the Software is provided on an “as is” and “as available” basis and that the Customer use or reliance upon the Software and any third party content and services accessed thereby is at his sole risk and discretion. Novasign and its affiliates, parties, suppliers, and licensors herby disclaim any and all representations, warranties and guaranties regarding the Software and third party content and services, whether express, implied or statutory, and including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Further, Novasign and its affiliates, partners, suppliers and licensors make no warranty that (a) the Software or third party content and services will meet the Customers’ requirements; (b) The Software or third-party content will be uninterrupted, accurate, reliable, timely, secure or error-free; (c) the quality of any products, services, information or other material accessed or obtained by the Customer through the Software will be as represented or meet the Customers’ expectations.
2.3 Limitation of Liability: The Software as it can be downloaded from the webpage represents a minimal portable pre-release version of the full-Software package. The Customer accepts to use the limited minimal version but has the option to upgrade the toolbox. The upgrade options can be found and purchased on the Homepage of Novasign.
2.4 Update and Patches: Novasign reserves the right to modify, suspend or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and without liability to the Customer. Novasign will provide updates of the Software several times a year. Novasign will use the registration of the Customer for using the Software to automatically inform the Customer when new updates are released. The usability of older projects stored with the previous versions will be maintained where possible.
2.5 Support: Support can be requested from . In case the Customer encounters errors with the toolbox he should always report to Novasign.
2.6 Termination: The minimal Software of Novasign can be used without any time restriction. Novasign may terminate the access to all Software packages or some of the Customers downloaded Software packages with immediate effect by written notice (e-mail) to the Customer if the Customer opposes §2.1. Upon termination, the Customer shall immediately cease using the Software.
2.7 Infringement Acknowledgement: The Customer and Novasign acknowledge and agree that in the event of a third party claim that the Application or the Customer’s possession or use of the Software infringes any third party's intellectual property right, the Customer (and not Novasign) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. The customer will, however, promptly notify Novasign in writing of such a claim.
§3. Intellectual Property Rights.
3.1 Rights to Software. The Customers acknowledge and agrees that the Software and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Novasign. Furthermore, the Customer acknowledges and agrees that the source and object code of the Software and the format, directories, queries, algorithms, structure, and organization of the Software are the intellectual property and proprietary and confidential information of Company and its affiliates, licensors, and suppliers. Except as expressly stated in this License. The Customer is not granted any intellectual property rights in or to the Software by implication, estoppel or other legal theory, and all rights in and to the Software not expressly granted in this License are hereby reserved and retained by Novasign.
3.2 Third-Party Software. The Software utilizes or include third-party code that is subject to open source and third-party license terms (“Third-Party Software”). The Customer acknowledge and agree that his right to use such third-party code as part of the Software is subject to and governed by the terms and conditions of the open-source or third-party license applicable to such Third-Party Software, including, without limitation, any applicable acknowledgments, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third-party licenses, the terms of the open-source or third-party licenses shall control with regard to the Customer's use of the relevant Third-Party Software. In no event, shall the Software or components, therefore, be deemed to be “open source” or “publically available” Software. A list of all third party software used inside the Novasign Software can be found here.
3.3 Company’s Marks. The customer is not authorized to use the Company trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Novasign, which may be withheld for any or no reason.
3.4 Publications: The customer shall be obliged to acknowledge Novasign when publishing results based on the Software. The customer shall define which results of the publication were created or designed using the Novasign and how this was achieved.
§4. Data usage:
4.2 Process Data: Novasign will not, at any time, view, acess or transfer data which Customer uses for model building inside the Toolbox for modeling purposes. Novasign guarantees that no process data is collected, stored or transferred to any other location other than the local location, the personal device on which the Software is extracted or installed. Novasign is aware that the data used for modeling purposes is of the highest value for their customers and does therefore not collect any intellectual property related information a customer may work on other than stated in 3.1.
If you have any questions about this Agreement, please contact us.
Muthgasse 11 / Stairway 2 / 1. Floor
+43 1 / 47654-79170
Document version: 1.0.1
last updated: 30.09.2019