Telconi Terminal License Agreement (July 2005)

This is a legal agreement between you and Telconi GmbH covering your use of our Telconi Terminal product and other Telconi products and associated documentation ("the Software"). Be sure to read the following agreement before using the Software. BY USING THE SOFTWARE (REGARDLESS IF YOU HAVE REGISTERED OR LICENSED THE SOFTWARE OR NOT), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES IN YOUR POSSESSION. The Software is owned by Telconi GmbH and is protected by German copyright laws and international treaty provisions. It is licensed to you. Therefore, you must treat the Software like any other copyrighted material (e.g., a book or musical recording).

Evaluation License

This paragraph applies if you are evaluating the Software and/or have not purchased a single user or corporate network license. This type of license allows you the right to use one copy of the Software on a single computer and use it over a period of thirty days. Evaluation licenses may limit the functionality of the Software. You may make one (1) copy of the software as a backup. You may not network the Software or otherwise use it or make it available for use on more than one computer at the same time. After the evaluation period of thirty days, you must remove the software and all backup copies from your computer and any media. You may not rent or lease the Software, nor may you modify, adapt, translate, decompile, or disassemble the Software. If you violate any part of this agreement, your right to use this Software terminates automatically and you must then destroy all copies of the Software in your possession.

Single User License

This paragraph applies if you have purchased a single user license. This type of license allows you the right to use one copy of the Software on a single computer. You may make one (1) copy of the software as a backup. You may not network the Software or otherwise use it or make it available for use on more than one computer at the same time. The license is only valid if the total number of managed devices does not exceed the licensed number of devices. You may not rent or lease the Software, nor may you modify, adapt, translate, decompile, or disassemble the Software. If you violate any part of this agreement, your right to use this Software terminates automatically and you must then destroy all copies of the Software in your possession.

Network License

This paragraph applies if you have purchased a network license. This type of license allows you the right to use any number of copies of the Software on any number of computers in your network (the network of a legal entity such as a corporate or campus network) and use it to manage devices owned by your organization (this license does cover the management of third party's devices not owned by your organization). The license is only valid if the total number of managed and owned devices does not exceed the licensed number of devices. The total number of devices is the sum of all individual devices the Software is used with in your network (by any number of administrators and installations). You may network the Software and make it available for use on more than one computer at the same time. You may not rent or lease the Software, nor may you modify, adapt, translate, decompile, or disassemble the Software. If you violate any part of this agreement, your right to use this Software terminates automatically and you must then destroy all copies of the Software in your possession. Corporate network licenses do not apply if you are managing devices not owned by your organization.

Disclaimer of Warranty

The Software and its related documentation are provided "AS IS" and without warranty of any kind. The person using the software bears all risk as to the quality and performance of the software. Telconi GmbH hereby disclaims all warranties relating to this software, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose. Telconi GmbH will not be liable for any special, incidental, consequential, indirect or similar damages due to loss of data or any other reason, even if Telconi GmbH or their agent has been advised of the possibility of such damages. In no event shall Telconi GmbH be liable for any damages, regardless of the form of the claim.

Controlling Law and Severability

If there is a local subsidiary of Telconi GmbH in the country in which the Software license was obtained, then the local law in which the subsidiary sits shall govern this license. Otherwise, this license shall be governed by the laws of Germany. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

Complete Agreement

You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Telconi GmbH.

Telconi Terminal License Agreement (PDF version)

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