Aloaha ZUGFeRD SDK
Copyright © Aloaha Limited. All rights reserved.
IMPORTANT – READ CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE. This End User License Agreement (“Agreement”) is a legal agreement between you (either an individual or a single legal entity, “Licensee”) and Aloaha Limited, Malta (“Aloaha”), for the software product “Aloaha ZUGFeRD SDK”, including its computer programs, libraries, associated media, printed materials, online or electronic documentation and any updates or supplements provided by Aloaha (together the “Software”). By installing, copying or otherwise using the Software you agree to be bound by the terms of this Agreement. If you do not agree, do not install or use the Software and click “Cancel”.
1. Licence, not sale
The Software is licensed, not sold. Subject to the terms of this Agreement and to payment of the applicable licence fee, Aloaha grants Licensee a non-exclusive, non-transferable, non-sublicensable licence to install and use the Software in object code form only, for Licensee’s internal business purposes, on the number of computers, workstations or users covered by the licence purchased. Any use beyond the scope of the licence purchased requires an additional licence.
2. Ownership and intellectual property
The Software and all copies of it are and remain the exclusive property of Aloaha and its licensors. All title, copyrights, patents, trade secrets, trademarks and other intellectual property rights in and to the Software remain with Aloaha and its licensors. The Software is protected by copyright laws and international treaties. All rights not expressly granted in this Agreement are reserved by Aloaha.
3. Restrictions
Except to the extent expressly permitted by mandatory applicable law, Licensee shall not, and shall not permit any third party to: (a) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, algorithms or internal structure of the Software; (b) modify, translate, adapt or create derivative works based on the Software; (c) rent, lease, lend, sell, sublicense, distribute, publish or otherwise transfer the Software or make it available to third parties, including as a hosted or service-bureau offering, except as expressly permitted in this Agreement; (d) remove, alter or obscure any copyright, trademark or other proprietary notices; (e) circumvent, disable or interfere with any licence key, activation or other technical protection measure; (f) use the Software to develop a competing product; or (g) copy the Software except for one backup copy for archival purposes.
4. Developer use and redistribution (SDK)
The SDK licence entitles the licensed developer workstation(s) to use the Software to develop, test and build Licensee’s own applications (“Licensee Applications”). Redistribution of any runtime component of the Software (in particular Aloaha_ZUGFeRD.dll) as part of a Licensee Application is permitted only within the number of runtime or end-user licences purchased, only in object code form, only as an integral part of the Licensee Application and not as a stand-alone product, library or development tool. Licensee shall bind its end users to terms at least as protective of Aloaha as Sections 2 and 3 of this Agreement. Licence keys must not be disclosed to end users in a form that allows their use outside the Licensee Application.
5. Licence keys and evaluation
The Software may require a licence key. Licence keys are confidential and may only be used by Licensee within the scope of the licence purchased. If the Software is provided as a trial or evaluation version, it may only be used for evaluation purposes for the evaluation period and may contain functional limitations or markings; it must be removed at the end of the evaluation period unless a licence is purchased.
6. Third-party components
The Software may contain components licensed to Aloaha by third parties. Such components are licensed under the terms of this Agreement unless separate licence terms are provided with them, in which case those terms apply to those components.
7. Confidentiality
The Software, including its structure, organisation and code, constitutes valuable trade secrets of Aloaha. Licensee shall keep the Software confidential and protect it with at least the same degree of care it uses for its own confidential information, and in no event with less than reasonable care.
8. Disclaimer of warranties
To the maximum extent permitted by applicable law, the Software is provided “as is” and “as available”, without warranty of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement and accuracy. Aloaha does not warrant that the Software will be error-free or operate without interruption, or that documents created or processed with the Software meet the legal, tax or technical requirements of any particular country, authority or recipient. Licensee is solely responsible for verifying documents, invoices and data produced with the Software before use.
9. Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Aloaha or its licensors be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, business, goodwill or data, or for costs of substitute goods or services, arising out of or in connection with this Agreement or the use of or inability to use the Software, even if advised of the possibility of such damages. Aloaha’s total aggregate liability under this Agreement shall not exceed the licence fee actually paid by Licensee for the Software. Nothing in this Agreement limits liability for death or personal injury caused by negligence, for fraud or for any other liability that cannot be limited or excluded by law.
10. Term and termination
This Agreement is effective until terminated. Aloaha may terminate it with immediate effect if Licensee breaches any of its terms. Upon termination Licensee shall stop using the Software and destroy all copies of it. Sections 2, 3 and those that by their nature should survive termination shall survive.
11. Export control
Licensee shall comply with all applicable export and import laws and regulations and shall not export, re-export or transfer the Software in violation of them.
12. Governing law and jurisdiction
This Agreement is governed by the laws of Malta, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. The courts of Malta shall have exclusive jurisdiction, without prejudice to any mandatory consumer protection rights Licensee may have under the law of its place of residence.
13. General
This Agreement, together with any order confirmation or separate licence agreement signed by Aloaha, constitutes the entire agreement between the parties regarding the Software and supersedes all prior agreements. If a written licence agreement signed by Aloaha exists, it prevails over this Agreement. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and the invalid provision shall be replaced by a valid one that comes closest to its intent. No waiver is effective unless in writing. Licensee may not assign this Agreement without Aloaha’s prior written consent.
Aloaha Limited, Malta – www.aloaha.com