End User License Agreement
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION
OF SOFTWARE COPYRIGHTED BY NADER TAWIL („SOFTWARE“) YOU ACCEPT ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT, SET FORTH BELOW.
Nader Tawil owns all intellectual property in the software offered on the websites
tawil.eu and knowledgeblocks.eu(hereinafter: “Software”). Nader Tawil permits you to use the Software
only in accordance with the terms of this agreement.
This license agreement applies to all software products offered by Nader Tawil via
the websites tawil.eu and knowledgeblocks.eu. By accepting this agreement you also acknowledge and accept
the Terms of Use and the Privacy Policy published on the websites
www.tawil.eu and
www.knowledgeblocks.eu (hereinafter: “tawil sites").
1. Software License
1.1 Granting of license: As long as you comply with the terms of this Software License
Agreement, Nader Tawil grants you a non-exclusive license to use the Software for
the purposes described in the Documentation.
1.2 General use: The Software is provided as freeware, but only for
private (non-comercial) use, educational (schools, libraries) use or for use in
charity and humanitarian organisations. If you intend to use the software at
your place of business or for commercial purposes, please register and purchase
a license; please contact me by E-mail
(nader@tawil.eu) for prices discounts and payment methods.
1.3 Backup Copy: You may make one backup copy of the Software, provided that your
backup copy is not installed or used on any computer. The backup copy of the Software
that you make must contain the same copyright and other proprietary notices that
appear on or in the Software.
2. Intellectual Property Ownership, Copyright Protection
The Software and any authorized copies that you make thereof are the intellectual
property of Nader Tawil. The Software is protected by civil and criminal law as
well as be by international law. This agreement does not grant you any intellectual
property rights in the Software and all rights not expressly granted with this agreement
are reserved by Nader Tawil.
3. Restrictions
3.1 You must not copy the Software except (i) as set forth in Section 1.3 or (ii)
it is essential to do so in order to achieve operability of the Software.
3.2 You must not modify, adapt or translate the Software except as set forth in
Section 3.5. You must not reverse-engineer, decompile, disassemble, or otherwise
attempt to discover the source code of the Software except (i) to the extent you
may be expressly permitted to decompile under applicable law, (ii) it is essential
to do so in order to achieve operability of the Software with another Software program,
and you have first requested Nader Tawil to provide the information necessary to
achieve such operability and Nader Tawil has not made such information available
in due time.
3.3 Nader Tawil reserves the right to impose reasonable conditions and to request
a reasonable fee before providing such information (necessary to achieve such operability,
above). Any such information supplied by Nader Tawil and any information obtained
by you by such permitted decompilation (3.2 above) may only be used by you for the
purpose described herein and may not be disclosed to any third party or used to
create any Software which is substantially similar to the expression of the Software.
3.4 You may not rent, lease sublicense, assign, or transfer your rights in the Software,
or authorize all or any portion of the Software to be copied onto another user’s
computer.
4. No Warranty
4.1 Delivery “as is”: The Software is being delivered to you “as is” and Nader Tawil
makes no warranty as to its use or performance. Nader Tawil does not and cannot
warrant the performance or results you may obtain by using the Software. Except
for any warranty, condition, representation or term to the extent to which the same
cannot or may not be excluded or limited by applicable law, Nader Tawil makes no
warranties, conditions, representations, or terms (express or implied whether by
statute, custom, usage or otherwise) as to any matter including without limitation,
non-infringement of third-party rights, merchantability, integration satisfactory
quality, or fitness for any particular purpose.
4.2 Limitation of Liability: In no event will Nader Tawil be liable to you for any
damages, claims, or costs whatsoever or e.g. any consequential, indirect, incidental
damages, any lost profits or lost savings, resulting from e.g. loss of use, data,
or other programs, business interruption, reduction of system performance, loss
of profits, whether in an action of contract, negligence, or other action, arising
out of or in connection with the use or performance of the Software, or information
(i) displayed on tawil sites, or (ii) statements contained in communication with Nader
Tawil or other representatives of tawil.eu or knowledgeblocks.eu (e-Mails etc).
4.3 The foregoing limitations and exclusions apply to the extent permitted by applicable
law. Nader Tawil’s aggregate liability under or in connection with this agreement
shall be limited to the amount paid for the Software, if any.
5. Termination
This license is effective until terminated. Any violation of this End User License
Agreement causes immediate termination of said license. You may also terminate said
license by destroying the copies of the program you dispose of as well as the documentation
and copies thereof. This license will also terminate if you fail to comply with
any terms or conditions of this agreement. You agree upon such termination to destroy
all copies of the program and of the documentation, or return them to Nader Tawil.
6. Governing Law, Forum Selection
6.1 This agreement shall be governed by and construed in accordance with Austrian
law excluding the provisions on the conflict of laws. This agreement shall neither
be governed by the conflict of law rules of any jurisdiction nor by the United Nations
Conventions on Contracts for the international Sale of Goods, the application of
which is expressly excluded.
6.2 The competent court in Vienna Austria, shall have exclusive jurisdiction over
all disputes relating to this agreement.
7. General Provisions
7.1 If any part of this agreement is found void and unenforceable, it will not affect
the validity of the balance of this agreement, which shall remain valid and enforceable
according to its terms.
7.2 This agreement shall not prejudice the statutory rights of any party dealing
as a consumer.
7.3 This agreement may only be modified in writing signed by Nader Tawil. This is
the entire agreement between Nader Tawil and you relating to the Software, and it
supersedes any prior representations, discussions, undertakings, communications,
or advertising relating to the Software.
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