End User License Agreement for ilink Software
This is a legal agreement between you and ilink Communication Systems GmbH.
Grant of License
ilink grants you the non-exclusive, time-limited right to use the ilink software (hereinafter referred to as “the Software”).
Copyright
The Software is protected by German and international copyright laws and treaties. You must treat the Software like any other copyrighted work. Use of the Software is permitted only within the scope of this agreement.
Rights and Restrictions
(a) If your copy of the Software does not already contain a registration code, you may register your copy by purchasing one. The registration code enables full use of the Software. You are not permitted to copy the registration code.
(b) Reverse engineering, decompilation, and disassembly are prohibited except where expressly permitted by applicable law.
(c) You may not claim authorship of the Software.
(d) The Software may not be copied for use on multiple computers unless you have purchased the appropriate number of licenses.
(e) You may not distribute, rent, lease, lend, or sublicense the Software, in whole or in part.
Warranty and Liability
The Software is provided “as is” without warranty of any kind. ilink disclaims all warranties, whether express or implied, including merchantability, fitness for a particular purpose, freedom from defects, accuracy, or completeness. The entire risk arising out of the use or performance of the Software remains with you.
In no event shall ilink be liable for any special, incidental, indirect, or consequential damages (including but not limited to loss of profit, loss of data, business interruption, personal injury, or loss of privacy), even if ilink has been advised of the possibility of such damages.
Your Obligations
You agree to ensure that any third party with access to the Software complies with this agreement and to take appropriate legal action against unauthorized use. You also agree to inform ilink immediately in writing of any misuse.
Export Restrictions
You agree to comply with all applicable international and national export laws. You may not export or ship the Software in violation of any applicable law.
Termination
Either party may terminate this agreement if the terms are violated. Upon termination, you must destroy all copies of the Software.
Governing Law
This agreement shall be governed by the laws of the Federal Republic of Germany. Place of jurisdiction is Berlin, Germany.
Severability
If any provision of this agreement is held invalid, the remaining provisions shall remain in full force and effect.
U.S. Government Restricted Rights.
The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 48 CFR § 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights 48 CFR § 52.227-19, as applicable. Manufacturer is ilink Kommunikationssysteme GmbH, Münzstraße 13, 10178 Berlin, Germany. If the Commercial Computer Software Restricted Rights clause at 48 CFR § 52.227-19 or its successors apply, the Software constitutes restricted computer software as defined in that clause and the Government shall not have the license for published software set forth in subparagraph (c)(3) of that clause. The Software (i) was developed at private expense, and no part of it was developed with governmental funds; (ii) is a trade secret of ilink for all purposes of the Freedom of Information Act; (iii) is "restricted computer software" subject to limited utilization as provided in the contract between the vendor and the governmental entity; and (iv) in all respects is proprietary data belonging solely to the ilink Kommunikationssysteme GmbH.
