License Agreement for "PROGRAMINO SOFTWARE"
(Last revised 28/05/2021)
PERPETUAL END USER LICENCE AGREEMENT
The license entitles to install "PROGRAMINO SOFTWARE" one user (license per User).
NOTICE TO ALL USERS:
CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT"), FOR THE LICENCE OF SPECIFIED SOFTWARE ("SOFTWARE") BY ULLI SOMMER. BY CLICKING THE ACCEPT BUTTON OR INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL THE SOFTWARE. (IF APPLICABLE, YOU MAY RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.)
1. LICENCE Grant.
Subject to the payment of the applicable LICENCE fees, and subject to the terms and conditions of this Agreement, Ulli Sommer hereby grants to you a non-exclusive, non-transferable right to use one copy of the specified version of the Software. You may install the Software on all you own computer, workstation, personal digital assistant, pager, "smart phone" or other electronic device for which the Software was designed (each, a "Client Device"). If the Software is LICENCED as a suite or bundle with more than one specified Software product, this LICENCE applies to all such specified Software products, subject to any restrictions or usage terms specified on the applicable price list or product packaging that apply to any of such Software products individually.
a. Use.The Software is LICENSED as a single product; it may not be used on more than one user at a time, except as set forth in this Section 1. The Software is "in use" on a Client Device when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that Client Device. When you pay the license fee established by Avangate, you will receive a personal license key (the "License Key") from Avangate (e-commerce service provider) that authorizes you to use the Software only in the following specific contexts.Trial Use (License type: 14 days Trial)The software can be used free of charge within 14 days after installation with all features (is the same version as with license key). In this period you can evaluate the software on your computer system and making a purchasing decision from it. You may use the trial in the company, but not in order to realize commercial projects. In the trial version, PROGRAMINO SOFTWARE requires an Internet connection each time it is started in order to query the time server and monitor the trial runtime. If you enter a license key, this query is no longer necessary and PROGRAMINO does not require an Internet connection after registration.Commercial Use (License type: Business).
If your "License Key" authorizes for Commercial Use, you are ALLOWED to use the "PROGRAMINO SOFTWARE" for private and/or in a company or organization. You are ALLOWED to use the "PROGRAMINO SOFTWARE" in commercial projects and to distribute your program and program code for profit under the 3rd party Licenses.(Arduino™ License (https://www.arduino.cc/en/Main/FAQ)).Non-commercial Use (License type: Private).
If your "License Key" authorizes Non-commercial Use, you may use the software for private (hobby, maker, student, ect.) or in a teaching or learning environment only.
b. Registration."PROGRAMINO SOFTWARE" required for "License Key" registration an internet connection (one time). After purchasing a personal license key will be sent to your email adress. The "License Key" must be registerd via Internet. The following data is transmitted to the license server in encrypted form: license key and optionally, if specified, the email address and the name of the recipient of the newsletter.This data is only used to monitor the license and to send the newsletter. The data is stored in encrypted form on the server and will not be sold or otherwise passed on to third parties.
2. Term.
This Agreement is effective for an unlimited duration unless and until earlier terminated as set forth herein. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must destroy all copies of the Software, License key and the Documentation.
3. Ownership Rights.
PROGRAMINO IS A TRADEMARK OF ULLI SOMMER. The Software is protected by German copyright laws and international treaty provisions. Ulli Sommer and its suppliers own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software and Documentation made hereunder must contain the same proprietary notices that appear on and in the Software and Documentation.
4. Restrictions.
You may not sell, lease, LICENSE, rent, loan or otherwise transfer, with or without consideration, rent, lease, loan or resell the Software. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement, except to the extent such use is specified in the applicable price list, purchase order, or product packaging for the Software. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the Software in whole or in part. You may not copy the Software or Documentation except as expressly permitted in Section 1 above. You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by Ulli Sommer.
5. NO WARRANTIES.
ULLI SOMMER EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT IS PROVIDED 'AS IS' WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NO INFRINGEMENT, OR FITNESS OF A PARTICULAR PURPOSE. ULLI SOMMER DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SOFTWARE PRODUCT. ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. ULLI SOMMER MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. ULLI SOMMER MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. PROGRAMINO FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO AUTHORIZED USERS OR TO ANY THIRD PARTY.
a. Arduino™The "PROGRAMINO SOFTWARE" uses to verify, compile and upload the programming code to the microcontroller boards the open source software Arduino™ IDE 1.6.x. (recommended Arduino IDE from arduino.cc 1.6.6 or higher) Ulli Sommer is only for the "PROGRAMINO SOFTWARE" (integrated development environment consisting of editor, Tools e.g.) responsible and not for Arduino™ software and its compiler, libraries, tools etc.. Ulli Sommer can accept no responsibility or support for any errors in the Arduino™ software. Arduino™ is a registered trademark (http://www.arduino.cc).
6. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL ULLI SOMMER OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSE-QUENTIAL OR PURELY FINANCIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL ULLI SOMMER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE ULLI SOMMER CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF ULLI SOMMER SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
7. United States Government.
The Software and accompanying Documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.
8. Export Controls.
You have been advised that the Software and Documentation (the "Products") are subject to the U.S. Export Administration Regulations. You shall not export, import or transfer Products contrary to U.S. or other applicable laws, whether directly or indirectly, and will not cause, approve or otherwise facilitate others such as agents or any third parties in doing so. You represent and agree that neither the United States Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges. You agree not to use or transfer the Products for end use relating to any nuclear, chemical or biological weapons, or missile technology unless authorized by the U.S. Government by regulation or specific LICENSE. Additionally, you acknowledge that the Products are subject to export control regulations in the European Union and You hereby declare and agree that the Products will not be used for any other purpose than civil (non-military) purposes. The parties agree to cooperate with each other with respect to any application for any required LICENSES and approvals, however, You acknowledge it is Your ultimate responsibility to comply with any and all export and import laws and that Ulli Sommer has no further responsibility after the initial sale to You within the original country of sale.
9. High Risk Activities.
The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). Ulli Sommer expressly disclaims any express or implied warranty of fitness for High Risk Activities.
10. Miscellaneous.
This Agreement is governed by the laws of Germany, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement sets forth all rights for the user of the Software and is the entire agreement between the parties. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only.
11. Newsletter.
To subscribe to the newsletter offered on our website, you can register via the newsletter form. In the online version I use the so-called double opt-in procedure. A confirmation e-mail will be sent to your e-mail address with the request for confirmation. The registration only becomes effective when you click on the activation link contained in the confirmation e-mail. With the software activation you are free to subscribe to the newsletter. Since the software is personally licensed to you, no double opt-in procedure is used here. I use your data transmitted to me exclusively for the dispatch of the newsletter, which can contain information or offer.
I use rapidmail to send our newsletter. Your data will therefore be transmitted to rapidmail GmbH. It is forbidden for rapidmail GmbH to use your data for other purposes than for sending the newsletter. A passing on or a sale of your data is not permitted to rapidmail GmbH. rapidmail is a German, certified newsletter software provider, which was carefully selected according to the requirements of the DSGVO and the BDSG.
You can revoke your consent to the storage of the data and its use for sending the newsletter at any time, e.g. via the unsubscribe link in the newsletter.
12. PROGRAMINO customer contact.
If you have any questions concerning these terms and conditions, or if you would like to contact for any other reason, please write to: info@programino.com. You will find our internet website at www.programino.com.